Journal of the House of Representatives of the State of Georgia at the regular session commenced at Atlanta, Monday, January 10, 1972 and adjourned Thursday, March 9, 1972, volume I

Compiler's Note
The Journal of the House of Representatives regular session of 1972 is bound in two separate volumes. The large number of pages made it impractical to bind into one volume.
Volume I contains January 10, 1972 through February 28, 1972. Volume II contains February 29, 1972 through March 9, 1972, 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 10, 1972 and adjourned Thursday, March 9, 1972
1972 ATLANTA, GA.

OFFICERS
OF THE
HOUSE OF REPRESENTATIVES 1971-1972

GEO. L. SMITH II ____________________________Speaker
43rd DISTRICT, EMANUEL COUNTY

THOMAS B. MURPHY _____________________Speaker Pro Tern
19th DISTRICT, HARALSON COUNTY

GLENN W. ELLARD ._._..,,_...__________.__.____._.,,.,,_. Clerk
HABERSHAM COUNTY

JACK GREEN _

_ _____._._....__..._Assistant Clerk
RABUN COUNTY

JANETTE HIRSCH _,,,,_____.-_,,_.,,,,___._.,,________,,_,,__,,,,.Assistant Clerk
FULTON COUNTY

AMELIA SMITH _____.___________________._____________Assistant Clerk
FULTON COUNTY

ELMORE C. THRASH_.._.___.______._._____..__Messenfirer
LOWNDES COUNTY

MARION TOMS _...._.____________._._._______Doorkeeper
QUITMAN COUNTY

HOUSE JOURNAL

Representative Hall, Atlanta, Georgia Monday, January 10, 1972

The Representatives of the General Assembly of Georgia for the years 1971-1972 met in regular session in the Hall of the House of Representatives at 10:00 o'clock, A.M., this day and were called to order by the Honorable George L. Smith, II, Speaker of the House of Representatives.

The following prayer was offered by the Reverend Vernard Robertson, District Superintendent, Valdosta District, United Methodist Church, Valdosta, Georgia:
We thank Thee, Almighty God, for the rich heritage of this good land, for the evidences of Thy favor in the past, and for the Hand that hath made and preserved us as a state and nation.
Bless our Governor, Lt. Governor, Speaker of the House, House members, Senators, and all who have been chosen by the people of this State as their leaders, for Thou knowest each one, their needs, their hopes and their fears.
Father put Thine arm around them to give them strength and speak to them to give them wisdom greater than their own. May they hear Thy voice and seek Thy guidance.
Let them not think when this prayer is said that their dependance upon Thee is over, and forget Thy counsel for the rest of the day.
So help us all this day and every day, through Jesus Christ our Lord, AMEN.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield 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
Collier 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 Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Groover Gunter Ham Hamilton Harrington
Harris Harrison
Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M.

JOURNAL OF THE HOUSE,

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

Oxford
Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L.
Phillips, W. R. Pickard
Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B.
Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thomason Thompson Toles Town send Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby
Wheeler, J. A. Whitmire Williams Wilson
Wood, J. T.
Wood, R. E.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day (March 12,1971) had been read and found to be correct.

MONDAY, JANUARY 10, 1972

7

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

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

The following communications were received from the office of the Honorable Ben W. Fortson, Jr., Secretary of State:
HOUSE OF REPRESENTATIVES Atlanta, Georgia
September 17, 1971
Honorable Jimmy Carter Governor, State of Georgia State Capitol Atlanta, Georgia
Dear Governor Carter:
This is to advise you of my resignation as a member of the House of Representatives of the General Assembly of Georgia, Post 3, Repre sentative District No. 75. My resignation is to become effective at midnight, Sunday, September 19, 1971.
I am resigning my membership in the General Assembly to accept a position with the United States government as Deputy Regional Administrator of the Environmental Protection Agency. I consider the work of protecting our environment as the most important challenge of this day and age and feel compelled to offer my efforts to this endeavor.
I consider my service in the General Assembly as most rewarding and it is with a sense of deep regret that I leave. I sincerely appreciate the splendid cooperation I have received from all State officials and employees, not only as an individual member of the General Assembly,

JOURNAL OF THE HOUSE,

1 tittt in my capacity as Minority Caucus Chairman of the House of Representatives. I know of your keen interest in the environmental
field, and with the Federal and State governments working together I am confident that this monumental problem will be solved.

JRW/ms

Sincerely yours, /s/ James R. Westlake
James R. Westlake

EXECUTIVE DEPARTMENT
Atlanta 30334 September 22, 1971

Honorable James R. Westlake Representative, Seventy-Fifth District
3930 West Side Place Ellenwood, Georgia 30049

Dear Jim:

This will acknowledge and thank you for your letter of September 17, 1971, in which you tender your resignation as a member of the House of Representatives of the General Assembly of Georgia, Repre sentative District 75, Post 3, effective midnight, September 19, 1971.

As requested, I hereby accept your resignation.

I express to you the appreciation of all Georgians, and particularly the citizens of DeKalb County, for your dedicated service as a member of the General Assembly of Georgia, and wish you every success as
Deputy Regional Administrator of the Environmental Protection Agency.

JC:wd

Sincerely,
/s/ Jimmy Carter Jimmy Carter

cc: Honorable George L. Smith, II Honorable Ben W. Fortson, Jr. Honorable William H. Burson Honorable Frank Edwards Honorable Glenn Ellard

EXECUTIVE DEPARTMENT The State of Georgia WRIT OF ELECTION
BY THE GOVERNOR:

WHEREAS: A vacancy exists in the House of Representatives of the General Assembly of Georgia by reason of the resignation of

MONDAY, JANUARY 10, 1972

9

the Honorable James R. Westlake, who represented District No. 75 in the House of Representatives; and

WHEREAS: Article V, Section I, Paragraph XII, of the Con stitution of Georgia provides that the Governor shall issue writs of election to fill all vacancies that may happen in the Senate and House of Representatives; and

WHEREAS: Section 34-805 of the Georgia Election Code, (Ga. Laws 1964, Ex. Sess., p. 26) as amended, provides that a special election to fill vacancies for members of the General Assembly shall take place under the authority of a writ of election issued by the Governor to the Ordinary of the counties involved; and

WHEREAS: Said Code Section further provides that said special election shall be held on a date named in the writ of election issued by the Governor, which date shall not be less than 30 nor more than 60 days after its issuance; now

THEREFORE: I, Jimmy Carter, Governor of Georgia, do hereby proclaim:
1. That a vacancy exists in the House of Representatives of the General Assembly of Georgia from District No. 75.
2. That the writ of election to fill such vacancy is hereby issued to the Ordinary of DeKalb County pursuant to the provisions of the Constitution and laws of Georgia.
3. That said special election to fill such vacancy in the House of Representatives of the General Assembly of Georgia from Dis trict No. 75 shall be held on the 9th day of November, 1971, pursuant to the provisions of the Georgia Election Code gov erning the conduct of special elections (Ga. Laws 1964, Ex. Sess., p. 26) as amended.

IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of the Executive Department to be affixed, this the 22nd day of September, 1971.

ATTEST: /s/ Hamilton Jordan
EXECUTIVE SECRETARY

Is/ Jimmy Carter GOVERNOR

The following communications from the Honorable Ben W. Fortson, Jr., Secretary of State, certifying the election of the Honorable Ralph E. Wood in the 75th District, Post No. 3, were received and read:

10

JOURNAL OF THE HOUSE,

SECRETARY OF STATE 214 State Capitol Atlanta 30334

December 1, 1971
Honorable Geo. L. Smith II Speaker, House of Representatives State Capitol Atlanta, Georgia

Dear Sir:

I do hereby certify that the consolidated returns on file in this office of the special run-off election held on the 30th day of November, 1971, in the 75th Representative District, Post No. 3, for the provided purpose of electing a Representative to the General Assembly, show the following result:
DeKalb County:
Ralph E. Wood .__.__...._____-Received.......____...__...1,841 votes Robert L. (Bob) Mitchell .......__..Received_...______.....1,709 votes
Given under my hand and seal of office this the 1st day of December, 1971.

/s/ Ben W. Fortson, Jr. SECRETARY OF STATE
In the Name and by the Authority of the State of Georgia
I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify that at the Special run-off Election held on the 30th day of November, 1971,
RALPH E. WOOD

Having received 1,841 votes was duly elected to the office of Repre sentative in the General Assembly for Post No. 3, 75th District of Geor gia.
Witness my hand and the seal of my office this 1st day of December, 1971.

/s/ Ben W. Fortson, Jr. SECRETARY OF STATE

The following oath of office was administered to Representative-elect Ralph E. Wood by Judge J. Kelley Quillian of the Georgia Court of Appeals:

MONDAY, JANUARY 10, 1972

11

OATH OF OFFICE OF MEMBERS OF THE GENERAL ASSEMBLY

I do hereby solemnly swear or affirm that I will support the Con stitution of this State and of the United States, and on all questions and measures which may come before me, I will so conduct myself, as will,
in, my judgment, be most conducive to the interests and prosperity of this State.

I further swear or affirm that I am not the holder of any public money due this State, unaccounted for, that I am not the holder of any office of trust under the Government of the United States, nor of any one of the several States, nor of any foreign State, that I am otherwise qualified to hold said office according to the Constitution and laws of Georgia and that I am not a member of the Communist Party.

/s/ Ralph E. Wood

Sworn to and subscribed before me, this 10th day of December, 1971.

/s/ J. Kelley Quillian, Judge, Court of Appeals of Georgia

The following Resolutions of the House were read and adopted:

HR 494. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th and Lee of the 61st:
A RESOLUTION
To notify the Senate that the House has convened; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Clerk of the House is hereby instructed to notify the Senate that the House of Representatives has convened in regular session and is now ready for the transaction of business.
HR 495. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th and Lee of the 61st:
A RESOLUTION
To notify the Governor that the General Assembly has convened; and other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that a committee of fourteen, seven from the House to be named

12

JOURNAL OF THE HOUSE,

by the Speaker, and seven from the Senate to be named by the Presi dent, be appointed to notify His Excellency, the Governor, that the General Assembly has convened in regular session and is now ready for the transaction of business.

The Speaker appointed as a committee on the part of the House the following members thereof:
Messrs. Burruss of the 117th, Colwell of the 5th, Lee of the 61st, Marcus of the 105th, McDonald of the 15th, Russell of the 77th and Mrs. Hamilton of the 112th.

HR 496. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th and Lee of the 61st:
A RESOLUTION
Adopting the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House of Representatives in force at the adjourn ment of the regular 1971 session of the General Assembly of Georgia are hereby adopted as the Rules of the House of Representatives for the regular 1972 session.

HR 497. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th and Lee of the 61st:
A RESOLUTION
Calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that His Excellency, Governor Jimmy Carter, is hereby invited to address a joint session of the House of Representatives and the Senate at 12:00 o'clock noon, January 11, 1972, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the HOUSE of Representatives and the Senate be held in the Hall of the House of Representatives at 11:45 o'clock a.m. on the aforesaid date for the pupose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives.

MONDAY, JANUARY 10, 1972

13

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

Messrs. Adams of the 100th, Daugherty of the 109th, Housley of the 117th, Longino of the 98th, Matthews of the 16th, Toles of the 9th and Wood of the llth.

HR 498. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th and Lee of the 61st:
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from the Governor; and for other, purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that His Excellency, Governor Jimmy Carter, is hereby invited to address a joint session of the House of Representatives and the Senate at 12:00 o'clock noon, January 13, 1972, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the Hall of the House of Representatives at 11:45 o'clock a.m. on the aforesaid date for the purpose of hearing an address from His Excellency, the Governor.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort His Excellency, the Governor, to the Hall of the House of Representatives.

The Speaker has appointed as a Committee of Escort on the part of the House the following members thereof:
Messrs. Brown of the 32nd, Jessup of the 49th, Knowles of the 22nd, Roach of the 10th, Smith of the 39th, Thompson of the 85th and Williams of the llth.

HR 499. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th and Lee of the 61st:
A RESOLUTION
Calling a joint session of the House of Representatives and the Senate for the purpose of hearing a message from Honorable Henry M. Jackson; and for other purposes.

14

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that Honorable Henry M. Jackson, United States Senator from the State of Washington, is hereby invited to address a joint session of the House of Representatives and the Senate at 12:00 o'clock noon, Monday, January 31, 1972, in the Hall of the House of Representatives.
BE IT FURTHER RESOLVED that a joint session of the House of Representatives and the Senate be held in the Hall of the House of Representatives at 11:45 o'clock a.m. on the aforesaid date for the purpose of hearing an address from Senator Jackson.
BE IT FURTHER RESOLVED that a committee of fourteen, seven from the House to be named by the Speaker, and seven from the Senate to be named by the President, be appointed to escort Senator Jackson to the Hall of the House of Representatives.

The Speaker appointed as a Committee of Escort on the part of the House the following members thereof:
Messrs. Burruss of the 117th, Colwell of the 5th, Mrs. Hamilton of 112th, Messrs. Lee of the 61st, Marcus of the 105th, McDonald of the 15th and Russell of the 77th.

Pursuant to the provisions of HB 1, passed by the 1971 Session of the General Assembly (Act No. 2, Georgia Laws 1971, page 4), the following com munication from His Excellency Governor Jimmy Carter was received and read:
EXECUTIVE DEPARTMENT Atlanta 30334
December 23, 1971
Honorable Glenn W. Ellard Clerk of the House of Representatives State Capitol Atlanta, Georgia 30334
Dear Glenn:
In accordance with the requirements of Georgia Laws 1971, p. 4 (House Bill No. 1), I submit herewith to you the official copy of the Executive Reorganization Plan of 1972. I have deleted from the Plan those sections to which the elected Constitutional officers objected where the objections met the criteria prescribed by the General Assembly in Section 2 of Georgia Laws 1971, p. 4 (House Bill No. 1).
I am today sending copies of the Official Plan to the members of the General Assembly for their early review.
Sincerely, /&/ Jimmy Carter
Jimmy Carter

MONDAY, JANUARY 10, 1972

15

A Plan to comply with the direction of the General Assembly as provided for in an Act approved February 15, 1971, entitled "An Act to charge and authorize the Governor as Chief Executive, within constitu tional and other limitations, to direct and effectuate the reorganization of any one or more departments, agencies, commissions, boards or bureaus of the Executive Branch of State Government, or of any func tions thereof; to provide definitions; to provide criteria for the exercise of such authority; to provide when and under what conditions such re organization shall become effective and final; to provide for an expira tion date; to provide for severability; to repeal conflicting laws; and for other purposes," (Ga. Laws 1971, p. 4); to simplify the operations of the Executive Branch of State Government and make said Executive Branch more effective and more responsive to the needs of the people of the State of Georgia by redistributing the powers, duties and functions of the Executive Branch among such offices, boards, commissions, and departments as are herein continued or established; to define such powers, duties, and functions and coordinate the same; to provide for the implementation of such reorganization; to provide an effective date; and for other purposes.

BE IT APPROVED AND RATIFIED BY THE GENERAL AS SEMBLY OF GEORGIA:

CHAPTER 1. GENERAL PROVISIONS.

Section 101. Short Title.

This Plan shall be known and may be cited as "Executive Reorgan ization Plan of 1972."

Section 102. Declaration of Policy and Purpose.

(a) The State Constitution contemplates a separation of power within State Government among the Legislative, the Executive, and the Judicial Branches of government. The Legislative Branch determines policies and programs and reviews program performance. The Executive Branch executes programs and policies adopted by the Legislature and make policy recommendations to the Legislature. The Judicial Branch determines the constitutional propriety of the policies and programs and adjudicates conflicts arising from the interpretation or application of the laws.

(b) Within constitutional limitations and in accordance with the charge of the 1971 General Assembly as expressed in an Act of the Georgia General Assembly approved February 15, 1971, (Act No. 2, Ga. Laws 1971, p. 4), the agencies which comprise the Executive Branch should be consolidated into a reasonable number of departments con sistent with executive capacity to administer effectively at all levels. The agencies in the Executive Branch should be merged into one of the departments of the Executive Branch established or continued under this Plan to achieve maximum efficiency and effectiveness.

(c) Structural reorganization should be a continuing process through careful executive and legislative appraisal of the placement

16

JOURNAL OF THE HOUSE,

of proposed new programs and the coordination of existing programs in response to public needs. It is the public policy of this State and the purpose of this Plan to create a structure of the Executive Branch of State Government which is responsive to the needs of the people of this State and sufficiently flexible to meet changing conditions; to promote economy and efficiency in the operation and management of State Gov ernment; to improve services to the citizens of the State; to conserve the human and natural resources of the State; to promote orderly growth of the State and its Government; to strengthen the executive capacity to administer effectively and efficiently at all levels; to encourage greater participation in State Government; to effect the grouping of State agencies into a reasonable number of departments primarily ac cording to function; to provide that the responsibility within the Ex ecutive Branch of State Government for the implementation of programs and policies is clearly fixed and ascertainable; and to eliminate over lapping and duplication of effort within the Executive Branch of State Government.

(d) It is the intent of this Reorganization Plan to simplify the operations of the Executive Branch of State Government and to provide for the orderly transfer of functions of existing agencies to departments provided by this Plan, with the least disruption of the delivery of governmental services.

(e) It is further the intent of this Reorganization Plan not to increase, decrease, or change the statutory powers of any agency existing before the effective date of this Plan, unless such intent is specifically expressed herein.

Section 103. Definitions.
As used in this Plan:
(a) "Agency" means any officer, department, division, bureau, board, commission or agency in the Executive Branch of State Govern ment.
(b) "Unit" means an internal subdivision of an agency, created by statute or by administrative action, including a division, bureau, section, or department, or an agency assigned to a department for administrative purposes only as provided in Section 105 of this Plan.
(c) Except when used in connection with the name of an agency existing before the effective date of this Plan, "department" means a principal, functional and administrative entity provided for by this Plan, within the Executive Branch of State Government and includes its divisions.
(d) "Department head" means a director, commission, board, commissioner, or constitutional officer or such other official in charge of a department continued or created by this Plan.
(e) "Function" means a duty, power, or program exercised by or assigned to an agency, whether or not specifically provided for by law, including budgeted positions and personnel relating to the per formance of such function unless otherwise provided by this Plan.

MONDAY, JANUARY 10, 1972

17

(f) "Constitution" means the Constitution of the State of Georgia of 1945 as amended.

(g) Unless otherwise required by the context of this Plan, the terms "policy" or "policy-making" as used in this Plan mean those functions related to establishing the general direction which programs of an agency shall take.

(h) Unless otherwise required by the context of this Plan, the term "administrative" is used to refer to functions related to the specific implementation of general policies.

(i) "Classified service" means a position included in the State Merit System of Personnel Administration subject to the laws, rules, and regulations relating to the State Personnel Board and the State Merit System of Personnel Administration.

Section 104. Structure of Executive Branch of State Government.

(a) All executive offices, boards, commissions, committees, agencies, departments, bureaus, and instrumentalities of the Executive Branch of State Government, and their respective functions, are allocated by this Plan among and within the following departments or offices continued or established by this Plan:
Governor Lieutenant Governor Department of Administrative Services Department of Agriculture Department of Audits and Accounts Department of Industry and Trade Comptroller General Department of Defense Department of Education Department of Financial Regulation Department of Human Resources
Department of Labor
Department of Law
Department of Natural Resources
Department of Public Safety
Public Service Commission
Department of Revenue
Secretary of State
State Scholarship Commission
Department of Transportation

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Treasurer Board of Regents of the University System of Georgia State Department of Veterans Service

(b) For its internal structure, each department shall adhere to the following standard terms: (1) the principal unit of a department is a "division." Each division shall be headed by a "director." (2) The principal unit of a division is a "section." Each section shall be headed by a "supervisor."

Section 105. Assignment for Administrative Purposes only.

(a) An agency assigned to a department for administrative pur poses only in this Plan shall:
(1) Exercise its quasi-judicial, rule-making, licensing or policymaking functions independently of the department and without ap proval or control of the department. The Governor shall resolve any questions concerning whether a function is policy-making or administrative and his decision shall be final.

(2) Prepare its budget, if any, and submit its budgetary requests, if any, through the department.

(b) The department to which an agency is assigned for administra tive purposes only in this Plan shall:

(1) Provide record keeping, reporting, and related adminis trative and clerical functions for the agency and provide staff for the agency; in addition the department shall include in the depart mental budget the agency's budgetary request, if any, as prepared
and submitted to the department.

(2) The agency may hire its own personnel only if authorized in this Plan or the Constitution; provided, however, with the ap proval of the Governor the agency may hire personal secretaries and its chief administrative officer.

(3) Disseminate for the agency any required notices, rules, or orders adopted, amended, or repealed by the agency.

(c) Whenever any authority is assigned for administrative pur poses, it means only that the State Department through which the au thority deals with the State shall be that Department to which the authority is assigned by this Plan. Any authority created by Georgia law shall retain its separate identity as an instrumentality of the State and a public corporation. The Department to which an authority is assigned is authorized to perform for such authority all functions set
forth in Section 105 (b) (1).

(d) Any retirement system assigned for administrative purposes shall retain its separate identity and the department to which it is

MONDAY, JANUARY 10, 1972

19

assigned is authorized to perform for such retirement system all func tions set forth in Section 105 (b) (1).

Section 106. Prior Right of Department Head to Agencies and Records.
In order that a department head appointed or holding office pur suant to this Plan might formulate and effectuate plans for the internal organization and the fiscal and personnel administration of the agency which he will administer, each such department head shall, after rati fication of this Plan and, where applicable, after his appointment, have full access to all agencies or units (including records) whose functions will be placed within his department by this Plan.

Section 107. Creation of Advisory Councils.
A department head or the Governor may create advisory councils. Any other official or agency of the Executive Branch of State Govern ment may also create advisory councils, but only if federal law or regula tion requires that such official or agency create the advisory council as a condition to the receipt of federal funds. Advisory councils may be created only for the purpose of acting in an advisory capacity. Unless otherwise provided by law, any such advisory council shall have a definite termination date in the instrument creating it, such date not to extend beyond the term of the Governor holding office at the time of the creation of such council.
Section 108. Agencies Abolished with Multiple Transfers.
If any agency is abolished before all of its functions have been transferred to other departments as provided by this Plan, the depart ment created in the chapter of this Plan under which the agency is abolished shall succeed to the remaining functions.

Section 109. Agencies Abolished.
Any agency all of whose functions are transferred to another agency or agencies as provided in this Plan is abolished as a separate agency.

Section 110. Right of State Personnel.
Unless otherwise provided in this Plan, each State officer or em ployee affected by the reorganization of the Executive Branch of State Government under this Plan shall be entitled to all rights which he possessed as a State officer or employee before the effective date of the applicable provision of this Plan, including all rights of rank or grade, rights to vacation, sick pay and leave, rights under any retire ment or personnel plan, and any other rights under any law or admin istrative policy. This section is not intended to create any new rights for any State officer or employee, but to continue only those rights in effect before the effective date of the applicable provision of this Plan.

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Section 111. Rights to Property.

(a) The department which succeeds to all or part of the func tions of an agency under this Plan also succeeds to the rights to all real and personal property of that agency relating to the functions or parts of functions transferred. The property shall include real property, records, office equipment, supplies, contracts, books, papers, documents, maps, appropriations, accounts within and without the State Treasury, funds, vehicles, and all other similar property. However, the depart ment or unit may not use property nor may it use or divert monies in a fund or an account for any purpose other than provided by law. The Governor shall resolve any conflict as to the proper disposition of the property and his decision shall be final.

(b) The real property of any agency abolished by this Reorgani zation Plan, the functions of which agency are not continued or trans ferred to a department provided by this Plan, shall be transferred to
the State Properties Control Commission, unless otherwise provided by this Plan.

(c) The personal property of any agency abolished by this Re organization Plan, the functions of which agency are not continued or
transferred to a department provided by this Plan, shall be transferred to the Department of Administrative Services, unless otherwise pro vided by this Plan. Any funds held by any such agency shall revert to the General Fund of the State.

(d) This section does not apply to property owned by the federal government or any local governments.

Section 112. Rules, Regulations, and Orders.
The department which succeeds to all or part of the functions of an agency under this Plan other than an agency assigned to the de partment for administrative purposes, also succeeds to the rules, reg*ulations, and orders of that agency and the power of that agency to make rules and reeulations relating to the functions or parts of func tions transferred. The rules, regulations, and orders of any agency in effect before the effective date of the provisions of this Plan affecting the agency remain in effect until amended, repealed, superseded or nullified by proper authority or as otherwise provided by law.

Section 113. Legal Proceedings.
This Plan shall not affect the validity of any judicial or adminis trative proceeding pending or which could have been commenced before the effective date of the applicable provisions of this Plan, and the department which succeeds to the functions of an agency relating to the proceeding, shall be substituted as a party at interest.

Section 114. Rights and Duties Under Existing Transactions.
The rights, privileges, and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, inden-

MONDAY, JANUARY 10, 1972

21

tures, and other transactions entered into, before the effective date of the applicable provision of this Plan, by the State or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein, remain in effect and none of those rights, privileges, duties, covenants, or agreements is impaired or diminished by reason of the transfer of the functions of an agency or the abolition of an agency in this Plan. The department which succeeds to the functions of an agency is substituted for that agency and succeeds to its rights and duties under the provisions of those bonds, contracts, leases, indentures,
and other transactions.

Section 115. References.
Unless inconsistent with this Plan, whenever an agency existing before the effective date of the provision of this Plan affecting that agency is referred to by any law, contract, or other document, that reference applies to the department to which the respective functions are transferred by this Plan.

Section 116. Compensation of Department Heads and Commis sioners.
The heads of departments continued by this Plan shall be com pensated as presently provided by law. The compensation of the heads of departments created by this Plan shall be determined by the General Assembly. Compensation for unclassified positions within any agency created by this Plan shall be established by the official in charge of the agency.

Section 117. Agencies--Continuation.
Any existing agency not provided for in this Plan but established or created by the General Assembly shall continue to exercise all of its functions.

Section 118. Chairmen of Boards.
Unless otherwise provided by law, the chairman of a policy board shall be appointed by the Governor.

Section 119. Federal Aid.
Whenever any agency or function is transferred, the resulting agency performing the transferred function shall be construed as a continuation of the original agency for the purposes of federal aid, and may continue to receive any such funds to carry out or perform such functions.

CHAPTER 2. GOVERNOR.

Section 201. The Governor--Continued.
The Governor, provided for in Article V, Section I, Paragraph I of the Constitution, and his functions, and the functions of his office,

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are continued except those functions relating to the Bureau of State Planning and Community Affairs and the Budget Bureau which are transferred to the Office of Planning and Budget, the Department of Industry and Trade, and the Department of Human Resources in Chap ters 2, 7, and 12 respectively of this Plan, the State Library which is
transferred to the Department of Law in Chapter 14, and the Division of Conservation and the Commissioner of Conservation which are trans ferred to the Department of Natural Resources in Chapter 15 of this Plan.

Section 202. Office of Planning and Budget--Created.

There is created in the office of the Governor an Office of Planning and Budget. This Office shall have a director whose title shall be Director of the Office of Planning and Budget. The Director shall be responsible for management of the Office and exercise supervision and control over the Office. The Director shall be appointed by and serve at the pleasure of the Governor.

Section 203. State Planning and Community Affairs Policy Board --Functions Transferred.

All of the functions of the State Planning and Community Affairs Policy Board, created in Ga. Laws 1970, p. 321 (Ga. Code Ann. 402909), are transferred as provided in Section 205 of this Plan.

Section 204. State Planning and Community Affairs Officer-- Functions Transferred.

All the functions of the State Planning and Community Affairs
Officer, created in Ga. Laws 1970, p. 321 (Ga. Code Ann. 40-2909), are transferred to the Director of the Office of Planning and Budget created in this Chapter. Unless inconsistent with this Plan, any refer
ence in Georgia Laws to the State Planning and Community Affairs Officer means the Director of the Office of Planning and Budget.

Section 205. Bureau of State Planning and Community Affairs-- Functions Transferred.

(a) All of the functions of the Bureau of State Planning and Community Affairs, set forth in Ga. Laws 1967, p. 252, (Act No. 123), Sections 5 and 6 are transferred to the Department of Industry and Trade. All other functions of the Bureau of State Planning and Com munity Affairs, set forth in Ga. Laws 1967, p. 252, are transferred to the Office of Planning and Budget unless otherwise inconsistent with this Plan.
(b) All functions of the Bureau of State Planning and Community Affairs, set forth in Ga. Laws 1970, pp. 321-332, (Act No. 1066), Sections 4f, 6, 8b, 9, lOa and lOc are transferred to the Office of Planning and Budget. All functions set forth in Sections 2, 3b, 3c, 4a, 4b, 4c, 4e and 7 of Ga. Laws 1970, pp. 321-332 are abolished. All other functions, set forth in Ga. Laws 1970, pp. 321-332, except those pro vided in Section lOe, transferred to the Department of Human Re-

MONDAY, JANUARY 10, 1972

23

sources in Section 1211 of this Plan, and Sections 3a, 11, and 12, are transferred to the Department of Industry and Trade. The functions set forth in Section 3a, 11 and 12 of said statute are transferred to the Board of Commissioners of the Department of Industry and Trade.

Section 206. Budget Bureau--Functions Transferred.
All of the functions of the Budget Bureau and the State Budget Officer established in the office of the Governor, Ga. Laws 1962, p. 17, as amended (Ga. Code Ann. 40-401 et seq.), are transferred to the Office of Planning and Budget and the Director of the Office of Plan ning and Budget, respectively. Unless inconsistent with this Plan, any reference in Georgia laws to the Budget Bureau and the State Budget Officer means the Office of Planning and Budget and the Director of the Office of Planning and Budget, respectively.

Section 207. Georgia Commission on the Arts--Transferred.
All of the functions of the Georgia Commission on the Arts, created in Ga. Laws 1968, p. 1235 (Ga. Code Ann. Ch 40-26), are transferred to the Office of Planning and Budget. The Governor shall appoint such advisory councils on the Arts as he deems necessary and appropriate. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Commission on the Arts means the Office of Planning and Budget created in this Chapter.

Section 208. Georgia Science and Technology Commission--Trans ferred.
All of the functions of the Georgia Science and Technology Com mission, created in Ga. Laws 1964, p. 717, as amended (Ga. Code Ann. 43-1001 et al.), are transferred to the Office of Planning and Bud get. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Science and Technology Commission means the Office of Planning and Budget created in this Chapter.

Section 209. Institute for Research in Bio-Technology--Abolished.
The Institute for Research in Bio-Technology, created in Ga. Laws 1969, p. 987 (Ga. Code Ann. 43-1008), and its functions are abolished.

CHAPTER 3. LIEUTENANT GOVERNOR.

Section 301. The Lieutenant Governor--Continued.
The Lieutenant Governor, provided for in Article V, Section I, Paragraph VII of the Constitution, and his functions are continued.

CHAPTER 4. DEPARTMENT OF ADMINISTRATIVE SERVICES.

Section 401. Department of Administrative Services--Created; Head.
There is created a Department of Administrative Services. The de partment head is the Commissioner. The Commissioner shall be ap-

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pointed by the Governor by and with the advice and consent of the Senate. The Commissioner shall serve at the pleasure of the Governor.
Section 402. Supervisor of Purchases--Functions Transferred.
All of the functions of the Office of Supervisor of Purchases and the Supervisor of Purchases, created by Ga. Laws 1931, p. 7, as amended (Ga. Code Ann. Ch. 40-19), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Office of Supervisor of Purchases or the Supervisor of Purchases means the Department of Administrative Services.
Section 403. Air Transportation--Functions Transferred.
All of the functions of the State Department of Air Transporta-, tion and the State Board of Air Transportation, created by Ga. Laws 1968, p. 130 (Ga. Code Ann. Ch. 40-30), are transferred to the De partment. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Department of Air Transportation or the State Board of Air Transportation means the Department of Administrative Services.
Section 404. State Communications Committee--Functions Trans ferred.
All of the functions of the State Communications Committee, cre ated by Ga. Laws 1969, p. 616, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Communications Committee means the Department of Admin istrative Services.

Section 405. Advisory Council on Georgia Government Documents-- Functions Transferred.
All of the functions of the Advisory Council on Georgia Govern ment Documents, created by Ga. Laws 1971, p. 216, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Advisory Council on Georgia Government Docu ments means the Department of Administrative Services.
Deleted pursuant to objection of State School Superintendent.

Section 407. Highway Department--Functions Transferred.
The self-insurance Workmen's Compensation functions of the State Highway Department of Georgia, provided for in Ga. Laws 1969, p. 234 (Ga. Code Ann. 89-926), are transferred to the Department.

Section 408. Additional Functions Transferred.
The Governor shall have the authority to transfer the printing, duplication, reproduction, and copying functions of all State agencies

MONDAY, JANUARY 10, 1972

25

to the Department. This Section shall be implemented by Executive Order of the Governor, and he shall have the authority to implement this Section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transfer, the Governor shall consult with the head of the department affected and shall insure that such transfer shall not interrupt such department's services.

Section 409. Additional Functions Transferred.

The Governor shall have the authority to transfer the electronic data processing and electronic computer service functions of all State agencies to the Department. This Section shall be implemented by Executive Order of the Governor, and he shall have the authority to implement this Section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transfer, the Governor shall consult with the head of the department affected and shall insure that such transfer shall not inter rupt such department's services.

Section 410. State Treasurer--Functions Transferred.
The functions of the State Treasurer and the Treasury Depart ment relating to payment of salaries and expenses to Judges, provided for in Ga. Laws 1945, p. 1199, as amended (Ga. Code Ann. 24-2606.1), Ga. Laws 1969, p. 113 (Ga. Code Ann. 24-2606.2), and District At torneys, provided for in Ga. Laws 1966, p. 438, as amended (Ga. Code Ann. 24-2904.1), Ga. Laws 1968, p. 992, as amended (Ga. Code Ann. 24-2922, et al.), are transferred to the Department. Unless incon sistent with this Plan, any reference in Georgia Laws to the State Treasurer or the Treasury Department relating to the functions trans ferred to the Department in this Section means the Department of Administrative Services.
Deleted pursuant to objection of State Treasurer.

Section 412. Secretary of State--Functions Transferred.
The functions of the Secretary of State, provided for in Ga. Laws 1970, p. 672 (Ga. Code Ann. Ch. 91-4A), relating to inventory of real property and requirements relating to the acquisition or disposition of real property, except the function of filing and retaining conveyances and plats, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Secretary of State relating to the functions transferred to the Department in this Section means the Department of Administrative Services.

Section 413. State Properties Control Commission--Continued; Assigned.
The State Properties Control Commission, created by Ga. Laws 1964, p. 146, as amended (Ga. Code Ann. Ch. 91-1 A), and its functions are continued. The State Properties Control Commission is assigned to

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the Department for administrative purposes only as prescribed in Sec tion 105 of this Plan.

Section 414. State Properties Acquisition Commission--Functions Transferred

All of the functions of the State Properties Acquisition Commis sion, created by Ga. Laws 1965, p. 396 (Ga. Code Ann. Ch. 36-1 A), are transferred to the State Properties Control Commission. Unless in consistent with this Plan, any reference in Georgia Laws to the State Properties Acquisition Commission means the State Properties Control Commission.

Section 415. Mineral Leasing Commission--Functions Transferred.

All of the functions of the Mineral Leasing Commission, created by Ga. Laws 1945, p. 352, as amended (Ga. Code Ann. 91-118), are transferred to the State Properties Control Commission. Unless incon
sistent with this Plan any reference in Georgia Laws to the Mineral Leasing Commission means the State Properties Control Commission.

Section 416. Employees Retirement System of Georgia--Continued; Assigned.
The Employees Retirement System of Georgia, created by Ga. Laws 1949, p. 138, as amended (Ga. Code Ann. Ch. 40-25), and its functions are continued. The System is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 417. Teachers Retirement System of Georgia--Continued; Assigned.
The Teachers Retirement System of Georgia, created by Ga. Laws 1943, p. 640, as amended (Ga. Code Ann. Ch. 32-29), and its functions are continued. The System is assigned to the Department for adminis trative purposes only as prescribed in Section 105 of this Plan.

Section 418. State Depository Board--Continued; Assigned.
The State Depository Board, created by Ga. Laws 1949, p. 13, as amended (Ga. Code Ann. Ch. 100-1), and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 419. Georgia Education Authority (University)--Con tinued; Assigned.

The Georgia Education Authority (University), created by Ga. Laws 1949, p. 1009, as amended (Ga. Code Ann. Ch. 32-1A), and its functions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

MONDAY, JANUARY 10, 1972

27

Section 420. Georgia Education Authority (Schools)--Continued; Assigned.

The Georgia Education Authority (Schools), created by Ga. Laws 1951, p. 241, as amended (Ga. Code Ann. Ch. 32-14A), and its func tions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 421. Georgia Building Authority--Continued; Assigned.

The Georgia Building Authority, created by Ga. Laws 1951, p. 699, as amended (Ga. Code Ann. Ch. 91-5A), and its functions are con tinued. The Authority is assigned to the Department for administra tive purposes only as prescribed in Section 105 of this Plan.

Section 422. Georgia Building Authority (Hospital)--Continued; Assigned.
The Georgia Building Authority (Hospital), created by Ga. Laws 1939, p. 144, as amended (Ga. Code Ann. Ch. 99-14), and its functions are continued. The Authority is assigned to the Department for admin istrative purposes only as prescribed in Section 105 of this Plan.

Section 423. Georgia Building Authority (Markets)--Continued; Assigned.
The Georgia Building Authority (Markets), created by Ga. Laws 1955, p. 224, as amended (Ga. Code Ann. Ch. 65-3), and its functions are continued. The Authority is assigned to the Department for admin istrative purposes only as prescribed in Section 105 of this Plan.

Section 424. Georgia Building Authority (Penal)--Continued; Assigned.
The Georgia Building Authority (Penal), created by Ga. Laws 1960, p. 892, as amended (Ga. Code Ann. Ch. 77-10), and its functions are continued. The Authority is assigned to the Department for admin istrative purposes only as prescribed in Section 105 of this Plan.

Section 425. Bond Indebtedness.
Nothing in this Plan shall affect in any way the obligation of any authorities with respect to their bond indebtedness.

Section 426. State Personnel Board--Continued; Assigned.

The State Personnel Board, provided for in Article XIV, Section I, Paragraph I of the Constitution and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

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Section 427. Personnel Division--Created; Merit System Director --Continued.

There is created within the Department a Personnel Division. The Merit System Director, who shall be the Director of the Personnel Division, and his functions are continued and transferred to the De partment. The Director shall be appointed by the State Personnel Board subject to the approval of the Commissioner of the Department. The position of Director of the Personnel Division shall be included in the classified service.

Section 428. State Merit System--Functions Transferred.
All of the functions of the Merit System of Personnel Administra tion, provided for in Ga. Laws 1943, p. 171 (Ga. Code Ann. Ch. 40-22), as amended by Ga. Laws 1971, p. 45, except the functions transferred to the Department in Section 427, are transferred to the Personnel Division of the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Merit System of Personnel Adminis tration means the Personnel Division created in this Chapter.

Section 429. Refunding Bond Commission--Abolished.
The Refunding Bond Commission, created by Ga. Laws 1947, p. 504 (Ga. Code Ann. Ch. 87-5A), is abolished.

Section 430. Georgia Real Estate Investment Board--Abolished.
The Georgia Real Estate Investment Board, created in Ga. Laws 1963, p. 34 (Ga. Code Ann. Ch. 40-28), is abolished. Prior to the effec tive date of this abolishment, the Board shall refund all escrow de posits retained by the Board to the proper loan applicants. All fund balances remaining after the refunds referred to herein shall be trans ferred to the General Treasury.

CHAPTER 5. DEPARTMENT OF AGRICULTURE.
Section 501. Department of Agriculture--Continued; Head.
The Department of Agriculture, created by Ga. Laws 1874, p. 5, as amended (Ga. Code Ann. 5-101), and its functions are continued. The department head is the Commissioner of Agriculture.
Section 502. Livestock and Poultry Disease Control Board--Func tions Transferred.
All of the functions of the Livestock and Poultry Disease Control Board, created by Ga. Laws 1956, p. 247, as amended (Ga. Code Ann. Ch. 6218), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgfia Laws to the Livestock and Poultry Disease Control Board means the Department of Agriculture.

MONDAY, JANUARY 10, 1972

29

Section 503. Seed Advisory Committee--Functions Transferred.
All of the functions of the Seed Advisory Committee, created by Ga. Laws 1956, p. 217 (Ga. Code Ann. 5-2410), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Seed Advisory Committee means the Department of Agriculture.

Section 504. Department of Public Health--Functions Trans ferred.
The functions of the Department of Public Health relating to articles of bedding, provided for by Ga. Laws 1964, p. 499, 552, et al., as amended (Ga. Code Ann. Ch. 88-8), are transferred to the Depart ment. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred to the Department in this Section means the Department of Agriculture.

Section 505. Department of Revenue--Functions Transferred.
The motor fuel testing and pump calibration functions of the De partment of Revenue, provided for in Ga. Laws 1927, p. 279, as amended (Ga. Code Ann. 73-220), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the func tions transferred to the Department in this Section means the Depart ment of Agriculture.

Section 506. State Oil Chemist--Functions Transferred.
The State Oil Chemist, provided for by Ga. Laws 1927, p. 279, as amended (Ga. Code Ann. Ch. 73-2), and his functions are transferred to the Department. Unless inconsistent with this Plan, any reference to Georgia Laws to the positions and functions transferred to the De partment in this Section means the Department of Agriculture.

Section 507. Department of Revenue--Functions Transferred.
The Inspectors of the Department of Agriculture, in the regular course of their duties, shall verify that each facility they inspect has proper state licenses for the sale of cigarettes, malt beverages, and wine. Should any facility not have such State licenses as required by law, the Commissioner of Revenue shall be notified of such fact imme diately so that he can take such action as required by law.

Section 508. Department of Public Health--Functions Transferred.
The functions of the Department of Public Health relating to regulations of canning factories and shucking plants, provided for in Ga. Laws 1955, p. 483 (Ga. Code Ann. 45-931), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred to the Department in this Section means the Department of Agriculture.

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Section 509. Georgia Seed Development Commission--Continued ; Assigned.

The Georgia Seed Development Commission, created by Ga. Laws 1959, p. 83, (Ga. Code Ann. Ch. 5-27), is continued. The Commission is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 510. Tobacco Advisory Board--Abolished.
The Tobacco Advisory Board, created by Ga. Laws 1955, p. 589 (Ga. Code Ann. 111-603-605), is abolished.

Section 511. Georgia Milk Commission--Abolished.
The Georgia Milk Commission, created by Ga. Laws 1937, p. 247, as amended (Ga. Code Ann. 42-525), is abolished.

Section 512. Commission on State Institutional Farms--Abolished.
The Commission on State Institutional Farms, created by Ga. Laws 1966, p. 734 (Ga. Code Ann. 5-2803), is abolished.

CHAPTER 6. DEPARTMENT OF AUDITS AND ACCOUNTS.
Section 601. Department of Audits and Accounts and State Audi tor--Continued.
The Department of Audits and Accounts and the State Auditor, created by the Ga. Laws 1923, Extra Session, page 7, as amended (Ga. Code Ann. Ch. 40-18), and their functions are continued.
Section 602. Board of Equalization--Abolished.
The Board of Equalization, created by Ga. Laws 1970, p. 542, 548 (Ga. Code Ann. 92-7013), and its functions are abolished.
CHAPTER 7. DEPARTMENT OF INDUSTRY AND TRADE.
Section 701. Department of Industry and Trade--Continued.
The Department of Industry and Trade created in Article V, Sec tion X, Paragraph I of the Constitution and its functions are continued, except those functions related to the Metropolitan Atlanta Rapid Transit Authority transferred to the Department of Transportation in Section 2106 of this Plan, and those functions related to aviation transferred to the Department of Transportation in Section 2105 of this Plan. The Director shall be the executive officer and administra tive head as prescribed by the Constitution.

MONDAY, JANUARY 10, 1972

31

Section 702. Board of Commissioners of the Department of Indus try and Trade--Continued.

The Board of Commissioners of the Department of Industry and Trade, created in Article V, Section X, Paragraph I of the Constitu tion, and its functions are continued except those functions transferred in Sections 2105 and 2106 of this Plan, and those functions added in Section 205 of this Plan.

Section 703. Division of Community Affairs--Creation.
There is created a Division of Community Affairs in the Depart ment of Industry and Trade. There shall be a Director of this Division. The Director shall exercise supervision and control over all employees of the Division. The Director of the Division of Community Affairs shall be appointed by the Director of the Department of Industry and Trade.

Section 704. Division of Community Affairs--Functions Trans ferred.
All of the functions transferred from the Bureau of State Plan ning and Community Affairs by this Plan in Chapter 2 to the Depart ment of Industry and Trade are assigned to the Division of Community

Section 705. Other Functions Transferred. Affairs.
The functions of the Ocean Science Center of the Atlantic Commis sion, provided for in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. 43-1301 et al.), to promote participation in and arrange for the loca tion of research and industrial activities are transferred to the De partment of Industry and Trade.

Section 706. Georgia Development Authority--Continued; As signed.
The Georgia Development Authority, created in Ga. Laws 1953, p. 337 as amended (Ga. Code Ann. 62-1502 et al.), is continued and the Authority and its units are assigned to the Department of Industry and Trade for administrative purposes only as prescribed in Section 105 of this Plan.

CHAPTER 8. COMPTROLLER GENERAL.
Section 801. Comptroller General--Continued.
The Comptroller General of Georgia, provided for in Article V, Section II, Paragraph I of the Constitution, and his functions are con tinued. Deleted pursuant to objection of Comptroller General.

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Section 802. Additional Functions Transferred to Comptroller General.

The functions of the State Treasurer relating to deposits by Domestic Life Insurers, set forth in Ga. Laws 1960, p. 289 (Ga. Code Ann. 56-1101), are transferred to the Comptroller General as Insurance Commissioner of the State of Georgia.

CHAPTER 9. DEPARTMENT OP DEFENSE.
Section 901. Department of Defense--Continued.
The Department of Defense, created in Ga. Laws 1955, pp. 10, 23 (Ga. Code Ann. 86-201), its present organization and its functions are continued.
Section 902. Adjutant General--Continued.
The Adjutant General shall continue to be the department head and shall continue to exercise all his functions as prescribed by law.

CHAPTER 10. DEPARTMENT OF EDUCATION.
Section 1001. Department of Education--Continued; Head; Ad ministrative Officer; Functions.
(a) The State Department of Education, provided for in Article VIII, Section II, Paragraph I of the Constitution, is continued. The department head is the State Board of Education. The administrative officer of the Department is the State Superintendent of Schools.
(b) The functions of the Department are continued, except the Vocational Rehabilitation functions transferred to the Department of Human Resources in Chapter 12 of this Plan. Deleted. See Section 406.
Section 1002. State Board of Education--Continued.
The State Board of Education, provided for in Article VIII, Sec tion II, Paragraph I of the Constitution, and its functions are continued.
Section 1003. State Superintendent of Schools--Continued.
The State Superintendent of Schools, provided for in Article VIII, Section III, Paragraph I of the Constitution, and his functions are continued.
Section 1004. State Treasurer--Functions Transferred.
The functions of the State Treasurer and the Treasury Depart ment relating to distribution of State funds under the Minimum

MONDAY, JANUAEY 10, 1972

33

Foundation Program of Education Act, provided for in Ga. Laws 1964, p. 3 (Ga. Code Ann. 32-647), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Treasurer or the Treasury Department relating to the func tions transferred to the Department in this Section means the State Department of Education.

Section 1005. Industry Services Advisory Committee --Functions Transferred.

All of the functions of the Industry Services Advisory Committee, created by Ga. Laws 1968, p. 1138 (Ga. Code Ann. Ch. 32-36), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Industry Services Advisory Commit tee means the State Department of Education.

Section 1006. State Teacher Scholarships--Continued; Assigned.

The State Teacher Scholarships, provided for in Article VII, Sec tion I, Paragraph II of the Constitution, are continued. The State Teacher Scholarships are assigned to the State Board of Education for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1007. Professional Practices Commission--Abolished.

The Professional Practices Commission, created by Ga. Laws 1967, p. 840, as amended (Ga. Code Ann. 32-839-842), is abolished.

Section 1008. Georgia Educational Improvement Council--Abol ished.
The Georgia Educational Improvement Council, created by Ga. Laws 1964, p. 711, as amended, is abolished.

Section 1009. Fernbank Science Center Committee--Abolished.
The Fernbank Science Center Committee, created by Ga, Laws 1970, p. 747, is abolished.

CHAPTER 11. DEPARTMENT OF FINANCIAL REGULATION.
Section 1101. Department of Financial Regulation--Created.
There is created a Department of Financial Regulation. The de partment head is a Commissioner who shall exercise supervision and control over all divisions and employees of the Department of Financial Regulation.
Section 1102. Commissioner--Term of Office.
The Commissioner shall be appointed by the Governor for a fouryear term. The initial term of the Commissioner shall terminate on

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January 20, 1976. Each succeeding term of office shall be for four years commencing on the expiration date of the previous term.

Section 1103. Department of Banking and Superintendent of Banks--Functions Transferred.

All of the functions of the Department of Banking, and the posi

tion of Superintendent of Banks, created in Ga. Laws 1919, p. 135, as

amended (Ga. Code Ann. 13-301 et al.), including the regulation of

credit unions, are transferred to the Department of Financial Regu

lation. Unless inconsistent with this Plan, any reference in Georgia

;

Laws to the Department of Banking or the Superintendent of Banks

means the Department of Financial Regulation.

Section 1104. Regulation of State Building and Loan Associa tions--Functions Transferred.

All functions of the Secretary of State of Georgia relating to State : Building and Loan Associations, Georgia Laws 1937-38, Extra Session,
p. 307, as amended (Ga. Code Ann. 16-401 et al.), or any other func tions related to the regulation of State Building and Loan Associations or State Savings and Loan Associations are transferred to the Depart ment of Financial Regulation. The Commissioner of the Department of Financial Regulation is hereby designated the Georgia Building and Loan Commissioner.

. Deleted pursuant to objection of Comptroller General.

.Section 1106. Functions Retained.

Nothing in this Plan shall divest the Secretary of State of any ; ; existing functions related to the chartering or liquidation of any bank,
credit union, State building and loan association, State savings and loan association, or corporation.

CHAPTER 12. DEPARTMENT OF HUMAN RESOURCES.
Section 1201. Department of Human Resources--Created.
There is created a Department of Human Resources.
Section 1202. Board of Human Resources--Created; Chairman-- Designation.
There is created a Board of Human Resources which shall establish the general policy to be followed by the Department. The Board shall consist of nine members who are appointed by the Governor by and with the advice and consent of the Senate. The members of the Board, insofar as practical, shall be drawn from all sections of the State. Eight members of the Board shall be appointed for staggered terms of four years, provided, however, the Governor shall designate the initial terms of these eight members of the Board as follows: two members

MONDAY, JANUARY 10, 1972

35

shall be appointed for terms ending on January 20, 1973; two mem bers shall be appointed for terms ending on January 20, 1974; two members shall be appointed for terms ending on January 20, 1975; and two members shall be appointed for terms ending on January 20, 1976. Thereafter, all terms of all successors to these eight members, except in the case of appointments to fill vacancies, shall be four years dat ing from January 20 of the beginning year of such term. The ninth member of the Board shall serve at the pleasure of the Governor. Not more than three members of the Board shall represent the medical profession, and at least two of these members shall be licensed to practice medicine pursuant to Ga. Laws 1913, p. 101, as amended. (Ga. Code Ann. Ch. 84-9). Vacancies in office shall be filled by ap pointment of the Governor and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assem bly. An appointment to fill a vacancy shall be for the balance of the unexpired term. There shall be a Chairman of the Board, designated by the Governor, who shall be the presiding officer of the Board.

Section 1203. Commissioner of Human Resources--Created.
There is created the position of Commissioner of Human Resources. The Commissioner shall be the chief administrative officer and be both appointed and removed by the Board of Human Resources sub ject to the approval of the Governor. Subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department by this Plan.

Section 1204. State Department of Family and Children Services-- Functions Transferred to Department.

All of the functions of the State Department of Family and Chil dren Services, created in Ga. Laws 1937, p. 355, as amended (Ga. Code Ann. 99-103), and of its units, except those functions transferred in Section 2402 of this Plan, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Department of Family and Children Services means the Depart ment of Human Resources.

Section 1205. State Board for Children and Youth--Functions Transferred.
All of the functions of the State Board for Children and Youth, created in Ga. Laws 1963, p. 81 (Ga. Code Ann. 99-204 (a)), except for the policy-making functions transferred to the Board of Human Resources in Section 1212 of this Plan, are transferred to the De partment. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board for Children and Youth, except references to its policy-making functions, means the Department of Human Resources.

Section 1206. Department of Public Health and Board of Health-- Functions Transferred.
All of the functions of the Department of Public Health and the Board of Health, created in Ga. Laws 1964, p. 499 et seq., as amended

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(Ga. Code Ann. 88-102 & 103), and of their units, except those func tions enumerated in Sections 1206.1 through 1206.8, are transferred to
the Department of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Public Health and the Board of Health relating to the functions transferred in this Section means the Department of Human Resources.

Section 120&.1. Additional Function Transferred.

The policy-making functions of the Board of Health are trans ferred to the Board of Human Resources in Section 1213 of this Plan.

Section 1206.2. Additional Functions Transferred.

;

The functions with respect to the Division for Georgia Water

Quality Control and the State Water Quality Control Board, created

in Ga. Laws 1964, p. 416, as amended (Ga. Code Ann. 17-504), are

transferred to the Department of Natural Resources in Section 1520 of

this Plan.

Section 1206.3. Additional Functions Transferred.

:,

The functions with respect to Air Quality Control, contained in

;;

Ga. Laws 1967, p. 581 as amended, Ga. Code Ann. 88-901), are

transferred to the Department of Natural Resources in Section 1533

of this Plan.

Section 1206.4. Additional Functions Transferred.
The functions with respect to Water Supply Quality Control, con tained in Ga. Laws 1964, p. 499 (Ga. Code Ann. Ch. 88-26), are trans ferred to the Department of Natural Resources in Section 1534 of this . . i . Plan.

Section 1206.5. Additional Functions Transferred.
The functions with respect to oyster bed inspection, contained in Ga. Laws 1955, pp. 483, 540 (Ga. Code Ann. 45-926), are trans ferred to the Department of Natural Resources in Section 1532 of this Plan.

Section 1206.6. Additional Functions Transferred.
The functions of the Department of Public Health with respect to Solid Waste Management are transferred to the Department of Natural Resources in Section 1535 of this Plan.

Section 1206.7. Additional Functions Transferred.
The functions with respect to regulation of articles of bedding, contained in Ga. Laws 1964, p. 499, 552, et al., as amended (Ga. Code Ann. 88-801 et seq.), are transferred to the Department of Agri culture in Section 504 of this Plan.

MONDAY, JANUARY 10, 1972

37

Section 1206.8. Additional Functions Transferred.

The functions with respect to regulation of canning factories andshucking plants, contained in Ga. Laws 1955, pp. 483, 542 (Section. 114) (Ga. Code Ann. 45-931), are transferred to the Department of Agriculture in Section 508 of this Plan.

Section 1207. Division of Vocational Rehabilitation--Functions Transferred.

All of the functions of the Division of Vocational Rehabilitation, established in the State Board of Education by Georgia Laws 1951, p. 516, as amended (Ga. Code Ann. 32-2302), are transferred to the Department of Human Resources. The official of the Department of Human Resources who is charged with the administration of the func tions transferred to the Department in this Section shall be included in the classified service. He shall possess those qualifications currently provided by law with respect to the Director of the Division of Voca tional Rehabilitation. Unless inconsistent with this Plan, any reference in Georgia Laws to the Division of Vocational Rehabilitation means the Department of Human Resources.

Section 1208. State Board of Probation--Functions Transferred.
All of the functions of the State Board of Probation, created in Ga. Laws 1956, p. 27, as amended (Ga. Code Ann. 27-2703), except the policy-making functions transferred to the Board of Human Re sources in Section 1215 of this Plan, are transferred to the Depart ment of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Probation means the Department of Human Resources. Nothing in this Plan shall alter the relationship between judges and probation supervisors prescribed in the Statewide Probation Act. Ga. Laws 1956, pp. 27, 28 et seq. (Ga. Code Ann. 27-2702 et seq.).

Section 1209. State Commission on Aging--Functions Transferred to Department.
All of the functions of the State Commission on Aging, created in Ga. Laws 1962, p. 604 (Ga. Code Ann. 99-2602), except the policymaking functions transferred to the Board of Human Resources in Section 1217 of this Plan, are transferred to the Department of Human Resources. Unless inconsistent with this Plan any reference in Georgia Laws to the State Commission on Aging means the Department of Human Resources.

Section 1210. State Board of Pardons and Paroles--Functions Transferred.
All of the functions of the State Board of Pardons and Paroles, contained in Ga. Laws 1943, p. 185, as amended (Ga. Code Ann. 77-501), except its quasi-judicial functions contained in the Consti tution which are continued in Section 1218 of this Plan, and its policy-

38

JOURNAL OF THE HOUSE,

making functions transferred to the Board of Human Resources in 1216 of this Plan, are transferred to the Department of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Pardons and Paroles except the references relating to its quasi-judicial functions or its policy-making functions means the Department of Human Resources.

,.. ........ Section 1211. Additional Functions Transferred to Department.

The functions of the Bureau of State Planning and Community
Affairs with respect to housing, contained in Ga. Laws 1970, pp. 321, 327, Section lOe, (Ga. Code Ann. 40-2916 (c)), are transferred to the Department of Human Resources. Unless inconsistent with this
Plan, any reference in Georgia Laws to the Bureau of State Planning and Community Affairs with respect to its housing functions means
the Department of Human Resources.

Section 1212. State Board for Children and Youth--Functions Transferred to Board.
! ->
The policy-making functions of the State Board for Children and Youth, contained in Ga. Laws 1963, p. 81 (Ga. Code Ann. 99-206(a)), .1,..., are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Board for Chil dren and Youth with respect to its policy-making functions means the Board of Hunjan Resources.

Section 1213. Board of Health--Functions Transferred to Board.

:.'. :

The policy-making functions of the Board of Health, created in Ga. Laws 1964, p. 499 (Ga. Code Ann. 88-103), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Board of Health with respect to its policy-making functions means the Board of Human Resources.

. Section; 1214. State Board of Education--Functions Transferred to Board.

The policy-making functions of the State Board of Education and its executive officer pertaining to the Division of Vocational Rehabili tation, contained in Ga. Laws 1951, p. 516 et seq., as amended (Ga. Code Ann. 32-2302 et seq.), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Geor gia Laws to the State Board of Education or to the same body desig nated as the State Board of Vocational Education pertaining to policymaking functions with respect to the Division of Vocational Rehabili
tation means the Board of Human Resources.

Section 1215. State Board of Probation--Functions Transferred to Board.
The policy-making functions of the State Board of Probation, created in Ga. Laws 1956, p. 27 (Ga. Code Ann. 27-2702), are trans-

MONDAY, JANUARY 10, 1972

39

ferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Probation pertaining to its policy-making functions means the Board of Human Resources.

Section 1216. State Board of Pardons and Paroles--functions Transferred to Board.

The functions of the State Board of Pardons and Paroles with respect to policy-making, provided for in Ga. Laws 1943, p. 185, as amended (Ga. Code Ann. 77-501 et seq.), not to include the quasijudicial functions continued in the Board in Section 1218 are trans ferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Pardons and Paroles pertaining to its policy-making functions means the Board of Human Resources.

Section 1217. Commission on Aging--Functions Transferred to Board.

The policy-making functions of the Commission on Aging, created in Ga. Laws 1962, p. 604 (Ga. Code Ann. 99-2602), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Commission on Aging pertaining to its policy-making functions means the Board of Human Resources.

Section 1218. State Board of Pardons and Paroles--Continued; Assigned.
The State Board of Pardons and Paroles and its quasi-judicial functions, provided for in Article V, Section 1, Paragraph XI of the Constitution, are continued. The Board is assigned to the Department of Human Resources for administrative purposes only as prescribed in Section 105 of this Plan. In addition to the salary provided by: the Con stitution and notwithstanding any other provision of the Plan, the members of the Board of Pardons and Paroles shall continue to receive the amount specified in Ga. Laws 1956, p. 27, as amended (Ga. Code Ann. 27-2703), as supplementary compensation and, in lieu of per forming duties with respect to the State Probation System, shall per form such other duties as shall be provided by law.

Section 1219. State Board of Corrections--Continued; Assigned.
The State Board of Corrections and its functions withi respect to state penal institutions, provided for in Article V, Section V, Para graph I of the Constitution, are continued. The Board is assigned to the Department of Human Resources for administrative purposes as prescribed in Section 105 of this Plan.

Section 1220. Hospital Advisory Council for Construction and Licensure--Continued; Assigned.
The Hospital Advisory Council for Construction and Licensure, created in Ga. Laws 1968, p. 1421, (Ga. Code Ann. 88-2201), is con-

40

JOURNAL OF THE HOUSE,

tinned, and; the Council is assigned to the Department of Human Re sources for administrative purposes as prescribed in Section 105 of this Plan.

Section 1221. Commission on the Status of Women--Continued; Assigned.
The Commission on the Status of Women, created in Ga. Laws 1966, p. 605, is continued, and the Commission is assigned to the De partment of Human Resources for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1222. Drug and Alcohol Programs.
All programs conducted by State agencies with respect to drug and alcohol abuse, except the regulation of the sale or dispensation of drugs or related products by the State Board of Pharmacy pursuant to Georgia Laws, and the investigation of criminal conduct pertaining to illegal drugs transferred to the Department of Public Safety in Section 1606 of this Plan, shall be conducted and coordinated by the Department of Human Resources.

Section 1223. Council on Aging--Creation. There is created a Council on Aging within the Department.

Section 1224. Georgia Factory for the Blind--Continued; Trans ferred,

:

The Georgia Factory for the Blind, created in Ga. Laws 1937, p.

579, as amended (Ga. Code Ann. 99-801), is continued and is trans

ferred to the Department of Human Resources created in this Chapter.

Section 1225. Additional Functions Transferred.
All of the functions of the Radiation Control Council, created in Ga. Laws 1964, p. 499, 568, as amended (Ga. Code Ann. 88-1305), are transferred to the Department of Human Resources.

Section 1226. State Board of Family and Children Services-- Abolished.
The State Board of Family and Children Services, provided for in Ga. Laws 1937, p. 355, as amended (Ga. Code Ann. 99-104-106), is abolished.
Section 1227. Food Service Advisory Council--Abolished.
The Ford Service Advisory Council, created in Ga. Laws 1964, pp. 499, 560, as amended (Ga. Code Ann. 88-1005), is abolished.

MONDAY, JANUARY 10, 1972

41

Section 1228. Georgia Youth Council--Abolished.

The Georgia Youth Council, created in Ga. Laws 1966, p. 601, is abolished.

CHAPTER 13. DEPARTMENT OF LABOR.
Section 1301. Department of Labor--Continued.
The Department of Labor, created by Ga. Laws 1937, p. 230 (Ga. Code Ann. 54-102), and its functions are continued. Deleted. See Sec tion 1303. The Commissioner of Labor, provided for in Article V, Sec tion II, Paragraph I of the Constitution, shall continue to be the depart ment head and exercise those functions assigned to him by law except those transferred in this Plan.
Section ISOla. State Board of Workmen's Compensation--Con tinued.
The State Board of Workmen's Compensation, created in Ga. Laws 1943, p. 167, as amended (Ga. Code Ann. 54-108), and its functions are continued.
Section 1302.' Director of Administration--Created.
There is created the position of Director of Administration under the State Board of Workmen's Compensation who shall be responsible for handling the administrative functions of the agency. He shall be both appointed and removed by the State Board of Workmen's Com pensation subject to the approval of the Governor.
Deleted pursuant to objection of Commissioner of Labor.

CHAPTER 14. DEPARTMENT OF LAW.
Section 1401. Department of Law--Continued; Head.
The Department of Law, created in Georgia Laws 1943, p. 284, as amended (Ga. Code Ann. 46-1612), and its functions are continued. The Attorney General as provided by the Constitution, Article V, Sec tion II, Paragraph I, is the department head and shall exercise those functions authorized by law.
Section 1402. State Library--Transferred.
The State Library, created in Ga. Laws 1947, p. 1166 (Ga. Code Ann. 101-101), is continued and transferred to the Department of Law. The State Library shall be under the direction and supervision of the Attorney General.

42

JOURNAL OF THE HOUSE,

Section 1403. State Literature Commission--Functions Trans ferred.
All of the functions of the State Literature Commission, created in Ga. Laws 1953, Jan.-Feb. Session, p. 135, as amended (Ga. Code Ann. Ch. 40-31), are transferred to the Department of Law. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Literature Commission means the Department of Law.

CHAPTER 15. DEPARTMENT OF NATURAL RESOURCES.
Section 1501. Department of Natural Resources--Created; Head.
(a) There is created a Department of Natural Resources.
(b) There is created the position of Commissioner of Natural Re sources. The Commissioner shall be both appointed and removed by the State Game and Fish Commission subject to approval of the Gover nor. Subject to the general policy established by the State Game and Fish Commission, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department of Natural Resources by this Plan.
Section 1502. Department of Mines--Functions Transferred.
All of the functions of the Department of Mines, Mining, and Geology, created in Ga. Laws 1937, p. 264, as amended (Ga. Code Ann. 43-117), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Mines, Mining, and Geology means the Department of Natural Resources.
Section 1503. State Forestry Commission--Functions Transferred.
All of the functions of the State Forestry Commission, created in Ga. Laws 1955, p. 309, as amended (Ga. Code Ann. 43-201 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Forestry Commission means the Department of Natural Resources.
Section 1504. Department of State Parks--Functions Transferred.
All of the functions of the Department of State Parks, Historic Sites, and Monuments, created in Ga. Laws 1937, p. 264, as amended (Ga. Code Ann. 43-120 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, and reference in Georgia Laws to the Department of Parks, Historic Sites, and Monument means the Department of Natural Resources.
Section 1505. State Division of Conservation--Functions Trans ferred.
All of the functions of the State Division of Conservation and of the Commissioner of Conservation, created in Ga. Laws 1943, p. 180,

MONDAY, JANUARY 10, 1972

43

as amended (Ga. Code Ann. 43-101 et al.), are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Division of Conservation or the Commissioner of Conservation means the Department of Natural Resources.

Section 1506. Chattahoochee River Basin Commission--Functions Transferred.

All of the functions of the Georgia Commission for the Develop ment of the Chattahoochee River Basin, created in Ga. Laws, 1967, p. 805, and its units are transferred to the Department of Natural Re sources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Commission for the Development of the Chatta hoochee River Basin means the Department of Natural Resources.

Section 1507. Altamaha River Basin Commission -- Functions Transferred.

All of the functions of the Altamaha River Basin Commission, created in Ga. Laws 1970, p. 632, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Altamaha River Basin Commis sion means the Department of Natural Resources.

Section 1508. Georgia Recreation Commission--Functions Trans ferred.
All of the functions of the Georgia Recreation Commission created in Ga. Laws 1963, p. 445, as amended (Ga. Code Ann. 99-2301 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Recreation Commission means the Department of Natural Resources.

Section 1509. Franklin D. Roosevelt Warm Springs Memorial Foundation--Functions Transferred.
All of the functions of the Franklin D. Roosevelt Warm Springs Memorial Foundation, created in Ga. Laws 1946, p. 31, as amended (Ga. Code Ann. 40-2401 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Franklin D. Roosevelt Warm Springs Memorial Foundation means the Department of Natural Resources.

Section 1510. Ty Cobb Memorial Commission--Functions Trans ferred.
All of the functions of the Ty Cobb Baseball Memorial Commission, created in Ga. Laws 1962, p. 674, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Ty Cobb Baseball Memorial Com mission means the Department of Natural Resources.

44

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Section 1511. Surface Mined Land Use Board--Functions Trans ferred.

All of the functions of the Surface Mined Land Use Board, created in Ga. Laws 1968, p. 9, as amended (Ga. Code Ann. 43-1404), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Surface Mined Land Use Board means the Department of Natural Resources.

Section 1512. Coastal Marshlands--Functions Transferred.

All of the functions of the Coastal Marshlands Protection Agency, created in Ga. Laws 1970, p. 939 (Ga. Code Ann. 45-136), and its units are transferred to the Department of Natural Resources. Unless in consistent with this Plan, any reference in Georgia Laws to the Coastal Marshlands Protection Agency means the Department of Natural Resources.

Section 1513. Georgia Natural Areas Council--Functions Trans ferred.

All of the functions of Georgia Natural Areas Council, created in Ga. Laws 1969, p. 750, as amended (Ga. Code Ann. 43-1203), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Geor gia Natural Areas Council means the Department of Natural Resources.

Section 1514. Georgia Waterways Commission--Functions Trans ferred.

All of the functions of the Georgia Waterways Commission, created in Ga. Laws 1953, Nov.-Dec. Sess., p. 67 (Ga. Code Ann. 17-301), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Waterways Commission means the Department of Natural Resources.

Section 1515. Georgia Forest Research Council--Functions Trans ferred.

All of the functions of the Georgia Forest Research Council, created in Ga. Laws 1953, Nov.-Dec. Sess., p. 45 (Ga. Code Ann. 43-801), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Forest Research Council means the Department of Natural Resources.

Section 1516. North Georgia Mountains Commission--Functions Transferred.

All of the functions of the North Georgia Mountains Commission, created in Ga. Laws 1968, p. 291 (Ga. Code Ann. 99-2701 et al.), and its units are transferred to the Department of Natural Resources. Unless

MONDAY, JANUARY 10, 1972

45

inconsistent with this Plan, any reference in Georgia Laws to the North Georgia Mountains Commission means the Department of Natural Resources.

Section 1517. Lake Lanier Islands Development Commission-- Functions Transferred.
All of the functions of the Lake Lanier Islands Development Com mission, created in Ga. Laws 1969, p. 392, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Lake Lanier Islands Development Commission means the Department of Natural Resources.

Section 1518. Citizens Environmental Council--Functions Trans ferred.
All of the functions of the Citizens Environmental Council, created in Ga. Laws 1971, p. 788, and its units are transferred to the Depart ment of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Citizens Environmental Council means the Department of Natural Resources.

Section 1519. Rivers and Harbors Development Commission-- Functions Transferred.
All of the functions of the Rivers and Harbors Development Com mission, created in Ga. Laws 1967, p. 516, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Rivers and Harbors Development Commission means the Department of Natural Resources.
Section 1520. State Water Quality Control Board, Division For Georgia Water Quality Control-- Functions Transferred.
All of the functions of the State Water Quality Control Board and the Division for Georgia Water Quality Control, created in Ga. Laws 1964, p. 416, as amended (Ga. Code Ann. 17-504), are trans ferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Public Health or the Board of Health relating to the functions transferred in this Section and in Sections 1532 through 1535 to the Department of Natural Resources means the Department of Natural Resources.

Section 1521. Ocean Science Center of the Atlantic--Functions Transferred.
All functions of the Ocean Science Center of the Atlantic Com mission, created in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. 43-1301, et al.), except those functions transferred in Sections 705 and 2303 of this Plan, are transferred to the Department of Natural Re sources.

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Section 1522. Soil and Water Conservation Committee--Continued; Assigned.
The Soil and Water Conservation Committee, created in Ga. Laws 1937, p. 337, as amended (Ga. Code Ann. 5-1807, et al.), is continued and is assigned to the Department of Natural Resources for adminis trative purposes only as prescribed in Section 105 of this Plan.

Section 1523. Jekyll Island State Park Authority--Continued? Assigned.
The Jekyll Island State Park Authority, created in Ga. Laws 1950, p. 152, as amended (Ga. Code Ann. 43-601a, et al.), and its functions, are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1524. Stone Mountain Memorial Association--Continued; Assigned.
The Stone Mountain Memorial Association, created in Ga. Laws 1958, p: 61, as amended, and its functions are continued. The Association is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan. ,

Section 1525. Groveland Lake Development Authority--Continued; Assigned.
The Groveland Lake Development Authority, created in Ga. Laws 1969, p. 572, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1526. North Georgia Mountains Authority--Continued; Assigned.
The North Georgia Mountains Authority, created in Ga. Laws, 1968, p. 297, as amended (Ga. Code Ann. Ch. 99-32), and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed by Section 105 of this Plan.

Section 1527. Lake Lanier Islands Development Authority--Con tinued; Assigned.
The Lake Lanier Islands Development Authority, created in Ga. Laws 1962, p. 736, as amended, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1528. Kinchafoonee Lake Authority--Continued; Assigned.
The Kinchafoonee Lake Authority, created in Ga. Laws 1970, p. 3379, and its functions are continued. The Authority is assigned to the

MONDAY, JANUARY 10, 1972

47

Department of Natural Resources for administrative purposes only as prescribed by Section 105 of this Plan.

Section 1529. Bond Indebtedness.

Nothing in this Plan shall affect in any way the obligations of any authorities with respect to their bond indebtedness.

Section 1530. Herty Foundation--Functions Continued; Assigned.

The Herty Foundation, created in Ga. Laws 1937-38 Extra Sess. p. 191 (Ga. Code Ann. 43-501), and its functions are continued. The Foundation is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan. The Herty Foundation shall continue to hire its own personnel as presently provided by law.

Section 1531. State Game and Fish Commission--Continued.

The State Game and Fish Commission, created in the Constitution, Article V, Section IV, Paragraph I, is continued and shall establish the general policies to be followed by the Department of Natural Re sources. The operational, field, and administrative functions of the State Game and Fish Commission, set forth in Ga. Laws 1955, p. 483, as amended (Ga. Code Ann. 45-103 et al.), are transferred to the Depart ment of Natural Resources. The State Game and Fish Commission shall have all the policy-making functions previously granted by law to those agencies whose functions are transferred to the Department of Natural Resources by this Plan.

Section 1532. Oyster Bed Inspection--Functions Transferred.

All functions pertaining to oyster bed inspection, Ga. Laws 1955, p. 483 (Ga. Code Ann. 45-926 et al.), performed by the State Depart ment of Public Health are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred in this Section means the Department of Natural Resources.

Section 1533. Air Quality Control--Functions Transferred.

All functions related to Air Quality Control, Ga. Laws 1967, p. 581, as amended (Ga. Code Ann. 88-903 et al.), performed by the Department of Public Health and the Board of Health are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in the Georgia Laws to the functions transferred in this Section means the Department of Natural Resources.

Section 1534. Water Supply Quality Control--Functions Trans ferred.
All functions related to Water Supply Quality Control, Ga. Laws 1964, p. 499 (Ga. Code Ann. 88-2601 et al.), performed by the Depart-

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ment of Public Health and the Board of Health are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred in this Sec tion means the Department of Natural Resources.

Section 1535. Solid Waste Management--Functions Transferred.
All of the functions related to Solid Waste Management performed by the Department of Public Health and the Board of Health are trans ferred to the Department of Natural Resources.
Section 1536. Additional Functions.
The Commissioner of the Department of Natural Resources with the approval of the Governor is hereby authorized to implement the United States "Land and Water Conservation Fund Act of 1965," Pub. Law 88-578 (1965), and the Georgia "State Assistance Fund" as estab lished by the General Assembly of the State of Georgia, Ga. Laws 1969, p. 855, as amended, and shall have all powers, duties and authority of office as provided by the laws of Georgia.
Section 1537. Compact Representation--Designation.
The Commissioner or his designated representative shall represent the State in the Interstate Environmental Compact, Ga, Laws 1971, p. 194. The Commissioner or his designated representative shall be the Compact Administrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact, Ga. Laws 1953, Nov.-Dec. Session, p. 49. The Commissioner or his designated representative shall be a commissioner to the Atlantic States Marine Fisheries Commission, Ga. Laws 1955, p. 483.
Deleted pursuant to objection of Secretary of State.
Section 1539. Division of Environmental Protection -- Created; Head; Functions Transferred.
There is created within the Department a Division of Environmental Protection. All of the functions transferred to the Department in Sections 1520, 1533, 1534, and 1535 of this Plan and those functions of the Geor gia Surface Mined Land Use Board, transferred to the Department in Section 1511 of this Plan, relating to strip mining are hereby assigned to the Division of Environmental Protection. The Division shall have a Director who shall be both appointed and removed by the State Game and Fish Commission with the approval of Commissioner of the Depart ment. The position of Director shall be included in the classified service. The Director of the Division shall be responsible for enforcing the environmental protection laws of Georgia, including those enumerated above and any others which may be assigned to the Division.

Section 1540. Committee Created.
There is created a committee to be composed of three members. The Commissioner of Natural Resources and the Director of the Division.

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49

of Environmental Protection shall be members of this committee. The third member of the committee shall be selected by the State Game and Fish Commission. The committee shall grant, deny, or revoke all permits required pursuant to those functions transferred to the Department of Natural Resources in this Plan. Denial or revocation of a permit may be appealed to the State Game and Fish Commission in accordance with the Georgia Administrative Procedure Act.

CHAPTER 16. DEPARTMENT OF PUBLIC SAFETY.
Section 1601. Department of Public Safety--Created.
There is created a Department of Public Safety.
Section 1602. Board of Public Safety Created.
There is created a Board of Public Safety which shall establish the general policy to be followed by the Department. The Board shall consist of nine members.
(1) The following three members serve ex-officio: the Governor, who shall be Chairman of the Board; the Attorney General; and the official in charge of offender rehabilitation in the Department of Human Resources, created in Chapter 12 of this Plan.
(2) Three members shall be selected as follows:
(a) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Sheriffs' Association; the first representative shall serve an initial term ending on January 20, 1975, each subsequent term being three years;
(b) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Chiefs of Police; the first representative shall serve an initial term ending on January 20, 1974, each sub sequent term being three years;
(c) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the District Attorneys' Association of Georgia; the first representa tive shall serve an initial term ending on January 20, 1973, each subsequent term being three years.
(3) Within thirty days after its first meeting, the Board by majority vote shall appoint three members from the State at large; no person so appointed shall be an officer or employee of any State or local governmental entity at the time of his appointment to or during his membership on the Board. The Board shall designate the initial terms of the three at-large members for one, two, and three years respectively. Thereafter, all terms of all successors shall be three years.

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Appointments made pursuant to subsection (2) at times when the Senate is not in session shall be effective ad interim.

Section 1603. Commissioner of Public Safety--Created.
There is created the position of Commissioner of Public Safety. The Commissioner shall be the chief administrative officer and shall be both appointed and removed by the Board with the approval of the Governor. Except as otherwise provided by this Plan, and subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the func tions vested in the Department by this Plan.

Section 1604. Department of Public Safety--Functions Trans ferred.

All of the functions of the Department of Public Safety, created in Ga. Laws 1937, p. 322, as amended (Ga. Code Ann. 92A-101 et seq.), and its units, except the policy-making functions transferred to the Board in Section 1613 of this Plan, are transferred to the Depart ment of Public Safety created in this Chapter. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Public Safety means the Department of Public Safety created in this Chapter.
Deleted pursuant to objection of Comptroller General.

Section 1606. Additional Functions, Transferred to Department.
The functions of the Georgia State Board of Pharmacy relating to investigation of criminal conduct pertaining to drugs under Ga. Laws 1967, pp 296, 304, as amended (Ga. Code Ann. 79A-208 (f) et seq.), are transferred to the Department of Public Safety. Nothing in this Section shall affect the responsibilities of the State Board of Pharmacy relating to the investigation of the sale or dispensing of drugs or other articles which are subject to the Board's regulation under the laws of Georgia, Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Pharmacy relating to its criminal investiga tive functions means the Department of Public Safety.
Section 1607. Additional Functions Transferred to Department.
The functions of the Public Service Commission relating to the performance of safety inspections of motor vehicles pursuant to Georgia Laws 1931, Extra Session, pp. 99, 111 and Georgia Laws 1931, pp. 199, 209 (Ga. Code Ann. 68-251 (a), 68-627 (a) ), are transferred to the Department of Public Safety. The Public Service Commission shall retain the responsibility for establishing inspection criteria for vehicles subject to its regulation. Unless inconsistent with this Plan, any reference in Georgia Laws to the Public Service Commission relating to the per formance of its vehicle safety inspection functions means the Department of Public Safety.

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51

Section 1608. Office of Coordinator of History Safety--Continued; Renamed; Transferred.

The office of Coordinator of Highway Safety provided for in Ga. Laws 1967, pp. 708, 709 (Ga. Code Ann. 92A-1001), is continued, is renamed the Office of Highway Safety, and the Office is transferred to the Department. The director of the Office shall report to the Commis sioner of Public Safety who is hereby designated the Governor's Highway Safety Representative. The Office of Highway Safety is charged and empowered to carry out the responsibilities established by the National Highway Safety Act of 1966, Pub. Law 89-564, as amended. Unless inconsistent with this Plan, any reference in Georgia Laws to the Co ordinator of Highway Safety means the Office of Highway Safety.

Section 1609. Georgia Peace Officer Standards and Training Council--Continued; Assigned.
The Georgia Peace Officer Standards and Training Council, created in Ga. Laws 1970, p. 208 (Ga. Code Ann. 92A-2103 et seq.), and its functions are continued. The Council is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1610. Georgia Police Academy Board--Functions Trans ferred to Peace Officer Standards and Training Council.
All of the functions of the Georgia Police Academy Board, created in Ga. Laws 1962, p. 535 (Ga, Code Ann. 32-3201), are transferred to the Georgia Peace Officer Standards and Training Council, provided for in Section 1609 of this Plan. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Police Academy Board means the Georgia Peace Officer Standards and Training Council.

Section 1611. Georgia Pirefighter Standards and Training Council --Continued; Assigned.
The Georgia Pirefighter Standards and Training Council, created in Ga. Laws 1971, p. 693, its units, including the Georgia Fire Institute, and their functions are continued. The Council is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1612. Division of Investigation--Created.
There is created a Division of Investigation within the Department. The division head shall be a Director who is appointed by and serves at the pleasure of the Board, and who reports directly to the Board.

The functions enumerated in Section 1612.1 through 1612.4 shall be assigned to the Division of Investigation.

Section 1612.1. Functions Assigned to Division.
The functions of the Bureau of Investigation, provided for in Ga. Laws 1937, pp. 322, 340 (Ga. Code Ann. 92A-301 et seq.), and

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transferred to the Department in Section 1604 of this Plan are assigned to the Division of Investigation.

Section 1612.2 Functions Assigned to Division.
The functions of the State Crime Laboratory, referenced in Ga. Laws 1953, p. 602, as amended (Ga. Code Ann. 21-203, et al.), and transferred to this Department in Section 1604 of this Plan are assigned to the Division of Investigation.

Deleted pursuant to objection of Comptroller General.

Section 1612.4. Functions Assigned to Division.
The criminal investigative functions transferred to the Department by Section 1606 of this Plan are assigned to the Division of Investigation.

Section 1613. Functions Transferred to Board.
The policy-making functions of the Department of Public Safety, contained in Ga. Laws 1937, p. 322, as amended (Ga. Code Ann. 92 A101 et seq.), are transferred to the Board of Public Safety created in this Chapter. Unless inconsistent with this Plan, any reference in Geor gia Laws to the Department of Public Safety relating to its policy-mak ing functions means the Board of Public Safety created in this Chapter.

Section 1614. Commission. Abolished.
The Georgia Study Commission on Law Enforcement Officer Standards and Education, created in Ga. Laws 1968, p. 829, is abolished.

Section 1615. Committee Abolished.
The Governor's Traffic Safety Study Committee, created in Ga. Laws 1968, p. 1384, is abolished.

CHAPTER 17. PUBLIC SERVICE COMMISSION.
Section 1701. Public Service Commission--Continued. The Public Service Commission, created in Article IV, Section IV, Paragraph III of the Constitution, and its functions, except the per formance of safety inspections of motor vehicles transferred to the Department of Public Safety in Section 1607 of this Plan, are continued. The Commission shall continue to be responsible for establishing inspec tion criteria for vehicles subject to its regulation.
CHAPTER 18. DEPARTMENT OF REVENUE.
Section 1801. Department of Revenue--Continued; Head.
The Department of Revenue, created in Ga. Laws 1937-38, Extra Session, p. 77 (Ga. Code Ann. 92-8402), and its functions, except

MONDAY, JANUARY 10, 1972

53

the motor fuel testing and pump calibration functions, the State Oil Chemist and his functions, both of which are transferred in Section 505 and 506 respectively of this Plan to the Department of Agriculture and the motor vehicle tag inspection functions and motor carrier permit inspection functions, both of which are transferred to the Department of Transportation, in Section 2107 of this Plan, are continued as pres ently provided by law. The office of the State Revenue Commissioner, created by Ga. Laws 1937-38, Extra Session, p. 77 (Ga. Code Ann. 92-8402), and other statutorily created offices of the Department, are continued. The State Revenue Commissioner shall be the department head and shall continue to exercise his functions as provided by law.

Section 1802. Board of Settlements and Compromises--Continued; Assigned.
The Board of Settlements and Compromises, provided for in Ga. Laws 1953, p. 185 (Ga. Code Ann. 92-8411.1), and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1803. Council to Investigate the Suspension of the State Revenue Commissioner--Abolished.
The Council to Investigate the Suspension of the State Revenue Commissioner, provided for in Ga. Laws 1937-38 Extra Sess., p. 77, 80 (Ga. Code Ann. 92-8403), and its functions are abolished.

CHAPTER 19. SECRETARY OF STATE.
Section 1901. Secretary of State--Continued.
The Secretary of State, provided for in Article V, Section II, Paragraph I of the Constitution, and his functions are continued except those functions enumerated in Sections 1902 through 1904.
Section 1902. Functions Transferred.
The functions of the Georgia Building and Loan Commissioner are transferred to the Department of Financial Regulation in Section 1104 of this Plan.
Deleted pursuant to objection of Secretary of State.
Section 1904. Functions Transferred.
Certain functions relating to Real Property Inventory are trans ferred to the Department of Administrative Services in Section 412 of this Plan. The Secretary of State shall retain the function of filing and retaining conveyances and plats.

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Section 1905. Georgia State Board of Pharmacy--Continued; Assigned.
The Georgia State Board of Pharmacy, created in Ga. Laws 1967, p. 296, 302 (Ga. Code Ann. 79A-201), and its functions, except those functions transferred in Chapter 16 of this Plan, are continued. The Board is assigned to the Joint Secretary, State Examining Boards, for administrative purposes as prescribed in Section 105 of this Plan.

Section 1906. Georgia Commission for the National Bicentennial Celebration--Continued; Assigned.
The Georgia Commission for the National Bicentennial Celebration, created in Ga. Laws 1969, p. 1074, is continued and is assigned to the Secretary of State for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1907. Claims Advisory Board--Continued; Assigned.
The Claims Advisory Board, created in Ga. Laws 1963, p. 624 (Ga. Code Ann. 47-504), and its functions are continued. The Claims Advisory Board is assigned to the Secretary of State for administrative purposes only as prescribed in Section 105 of this Plan.

CHAPTER 20. STATE SCHOLARSHIP COMMISSION.
Section 2001. State Scholarship Commission--Continued.
The State Scholarship Commission, provided for in Article VII, Section I, Paragraph II of the Constitution, and its functions are con tinued.
Section 2002. Georgia Higher Education Assistance Corporation-- Continued; Assigned.
The Georgia Higher Education Assistance Corporation, provided for in Article VII, Section I, Paragraph II of the Constitution, and its functions are continued. The Corporation is assigned to the State Scholarship Commission for administrative purposes only as pre scribed in Section 105 of this Plan.
Section 2003. Georgia Higher Education Assistance Authority-- Continued; Assigned.
The Georgia Higher Education Assistance Authority, created by Ga. Laws 1969, p. 683 (Ga. Code Ann. Ch. 32-37), and its functions are continued. The Authority is assigned to the State Scholarship Commis sion for administrative purposes only as prescribed in Section 105 of this Plan.
Section 2004. Georgia Higher Education Assistance Committee-- Abolished.
The Georgia Higher Education Assistance Committee, created in Ga. Laws 1968, p. 1082 (Ga. Code Ann. 32-3401), is abolished.

MONDAY, JANUARY 10, 1972

55

CHAPTER 21. DEPARTMENT OP TRANSPORTATION.
Section 2101. Department of Transportation--Created; Head; Chief Executive Officer.
There is created a Department of Transportation. The department head shall be the State Highway Board. The chief executive officer of the Department is the Director.

Section 2102. State Highway Board--Continued; Functions.
The State Highway Board, provided for in Article V, Section XI, Paragraph I of the Constitution, and its functions are continued. The State Highway Board shall establish the general polices to be followed by the Department of Transportation.

Section 2103. Director of State Highway Department--Continued; Renamed Director of Department of Transportation.
The position of Director of the State Highway Department of Geor gia, created by Ga. Laws 1963, p. 3, as amended (Ga. Code Ann. 951602), and its functions are continued, and the position shall be renamed Director of the Department of Transportation. Unless inconsistent with this Plan, any reference in Georgia Laws to the Director of the State Highway Department of Georgia means the Director of the Department of Transportation created in this Plan.

Section 2104. State Highway Department of Georgia--Functions Transferred.
All of the functions of the State Highway Department of Georgia, created by Ga. Laws 1919, p. 244, as amended (Ga. Code Ann. Ch. 9515), except the self-insurance workmen's compensation functions trans ferred to the Department of Administrative Services in Section 407 of this Plan, are transferred to the Department of Transportation created in this Plan. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Highway Department of Georgia means the Department of Transportation created in this Plan.

Section 2105. Additional Functions Transferred.
The functions of the Department of Industry and Trade and the Board of Commissioners of the Department of Industry and Trade relating to airports, aviation, landing fields, other aviation facilities, air routes and air markers, provided for in Ga. Laws 1949, p. 249, as amended (Ga. Code Ann. 40-2107) and Ga. Laws 1965, p. 105 (Ga. Code Ann. 11-304, 305) are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Industry and Trade or the Board of Commissioners of the Department of Industry and Trade relating to the functions trans ferred to the Department in this Section means the Department of Trans portation created in this Plan.

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'

Section 2106. Additional Functions Transferred.

The functions and funding programs of the Department of Industry and Trade and the Board of Commissioners of the Department of Indus try and Trade relating to the Metropolitan Atlanta Rapid Transit Au thority, created by Ga. Laws 1965, p. 2243, as amended, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Industry and Trade or the Board of Commissioners of the Department of Industry and Trade relating to the functions and programs transferred to the Department in this Section means the Department of Transportation created in this Plan.

Section 2107. Additional Functions Transferred.
The functions, except personnel, budget, and unexpended balances of appropriations, of the Department of Revenue relating to the inspec tion of motor carrier permits and motor vehicle tags are transferred to the Department of Transportation.

CHAPTER 22. TREASURER AND TREASURY DEPARTMENT.
Section 2201. Treasurer and Treasury Department--Continued.
The State Treasurer, provided for in Article V, Section II, Para graph I of the Constitution, and the Treasury Department, provided for in Ga. Laws 1828, Cobb, p. 1027, as amended (Ga. Code Ann. Ch. 40-9), and their functions are continued except those functions ennumerated in Sections 2202 through 2205.
Section 2202. Functions Transferred.
The functions relating to deposits by Domestic Life Insurers are transferred to the Comptroller General in Section 802 of this Plan.
Section 2203. Functions Transferred.
The functions relating to the payment of salaries and expenses to Judges and District Attorneys are transferred to the Department of Administrative Services in Section 410 of this Plan.
Deleted pursuant to objection of the State Treasurer.
Section 2205. Functions Transferred.
The functions relating to the distribution of State funds under the Minimum Foundation Program of Education Act are transferred to the Department of Education in Section 1004 of this Plan.

MONDAY, JANUARY 10, 1972

57

CHAPTER 23. BOARD OF REGENTS OP THE UNIVERSITY SYSTEM OF GEORGIA.

Section 2301. Board of Regents of the University System of Geor gia--Continued.

The Board of Regents of the University System of Georgia, provided for in Article VIII, Section IV, Paragraph I of the Constitution, and its functions are continued.

Section 2302. Regents of the University System of Georgia -- Continued.

The Regents of the University System of Georgia, created by Ga. Laws 1931, p. 7 (Ga. Code Ann. 32-101), and its functions are con tinued.

Section 2303. Ocean Science Center of the Atlantic Commission-- Functions Transferred.

The functions of the Ocean Science Center of the Atlantic Com mission, provided for in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. 43-1301), to establish and cause to be operated one or more marine resources extension centers and the Oceanographic Research Center are transferred to the Board of Regents of the University Sys tem of Georgia. Unless inconsistent with this Plan, any reference in Georgia Laws to the Ocean Science Center of the Atlantic Commission relating to the functions transferred to the Board of Regents of the University System in this Section means the Board of Regents of the University System of Georgia.

Section 2304. Functions Transferred.

All of the functions of the Georgia Agrirama and the Georgia Agrirama Board of Governors, created by Ga. Laws 1970, p. 568 (Ga. Code Ann. 32-301a.-304a), are transferred to the Board of Regents.

Section 2305. State Medical Education Board--Continued; As signed.

The State Medical Education Board, created in Article VII, Section I, Paragraph II of the Constitution, and its functions are continued. The Board is assigned to the Board of Regents of the University System of Georgia for administrative purposes only as prescribed in Section 105 of this Plan.

Section 2306. Board of Regents of the University System of Geor gia Scholarships--Continued; Assigned.

The Board of Regents of the University System of Georgia Scholar ships, provided for in Article VII, Section I, Paragraph II of the Con stitution, are continued and shall continue to be administered by the Board of Regents of the University System of Georgia.

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CHAPTER 24. STATE DEPARTMENT OF VETERANS SERVICE.

Section 2401. State Department of Veterans Service and Veterans Service Board--Continued.

The State Department of Veterans Service and the Veterans Service Board, created by Article V, Section VI, Paragraph I of the Constitution
and their functions are continued. The Veterans Service Board shall have such control, duties, powers, and jurisdiction of the State Depart
ment of Veterans Service as shall be provided by law. The Board shall appoint a Director who shall be the executive officer of the Department. Members shall continue to serve as presently appointed and all future
appointments shall be made as provided by the Constitution.

Section 2402. Functions Transferred.
The functions of the State Department of Family and Children Services pertaining to the care of widows of Confederate veterans, as prescribed in Georgia Laws 1946, p. 84 (Ga. Code Ann. 35-906), are transferred to the State Department of Veterans Service. Unless in consistent with this Plan, any reference in Georgia Laws to the State Department of Family and Children Services with respect to the funo tions transferred in this Section means the State Department of Veterans, Service.

CHAPTER 25. ADDITIONAL AGENCIES ABOLISHED.
Section 2501. Commission of Constitutional Government--Abol ished.
The Commission of Constitutional Government, created in Ga. Laws 1959, p. 5, 23, is abolished.
Section 2502. Governor's Award for Heroism Committee--Abollished.
The Governor's Award for Heroism Committee, created in Ga, Laws 1970, p. 743, is abolished.
Section 2503. Georgia Interdepartmental Council for the Handi capped--Abolished.
The Georgia Interdepartmental Council for the Handicapped, created in Ga. Laws 1968, p. 1079, is abolished.
Section 2504. Forward Georgia Commission--Abolished.
The Forward Georgia Commission, created in Ga. Laws 1968, p. 980, is abolished.

MONDAY, JANUARY 10, 1972

59

CHAPTER 26. ADDITIONAL PROVISIONS.

Section 2601. Classification of Positions.
The position of, or person occupying the position of, head of de partment or division director of any agency created by the transfer of functions shall be in the unclassified service as defined in the Acts governing the State Merit System, except for the Director of the Per sonnel Division of the Department of Administrative Services, the official of the Department of Human Resources in charge of Vocational Rehabilitation, and the Director of the Environmental Protection Divi sion of the Department of Natural Resources who shall be in the classi fied service. The position of head of department or division director of any agency created by the transfer of functions shall be new positions. The State Personnel Board shall adopt rules and regulations not in consistent with this Plan to effectuate the transfer of positions and personnel and the classification of such positions.

Section 2602. Severability.
In the event any section, subsection, sentence, clause or phrase of this Plan 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 Plan, which shall remain of full force and effect, as if the sections, subsections, sentences, clauses or phrases so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have ratified and approved the remaining parts of this Plan even if it had known that part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 2603. Effective Date.
The Governor is authorized, pursuant to Ga. Laws 1971, p. 4, to effectuate and implement any chapter, section or subsection of this Plan by Executive Order immediately after the ratification of the Plan by the Georgia General Assembly. Any chapter, section or subsection of this Plan which has not been effectuated by July 1, 1972, shall become effective on that date unless otherwise provided by law.

Section 2604. Publication in Georgia Laws.
The Secretary of State is authorized to publish the approved Plan in the Georgia Laws of 1972; and, notwithstanding any deletion of any chapter, section, or subsection of this Plan as authorized by Ga. Laws 1971, p. 4, each chapter, section, or subsection shall in its final form appear in consecutive order, whether numerically or alphabetically. References to chapters, sections, and subsections which have been renumbered shall be deemed to refer to such renumbered chapters, sec tions, and subsections and shall be renumbered accordingly.

The Governor's reorganization plan having been distributed to each member of the House, the Honorable George L. Smith, II, Speaker of the House of Representatives addressed the members of the House as follows:

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I've been coming up to Atlanta for Legislative Sessions for a. long, long time now--and as I think back--I don't believe I can recall a single one where someone didn't say the session before us would be the toughest one yet.

In a sense they were right every time,--because the toughest job is always the one that lies directly before you.

Certainly we have a difficult task before us this year.

Reorganization alone would make this historic session,--but you and I know there are dozens of other major matters before us also.

Now, during the last few sessions some of you have accused me of getting up here and making and old-fashioned pep talk on opening day.

I certainly haven't thought of it that way,--but in retrospect I suppose it could be partially true.

If so, I must apologize, because I realize this house doesn't need any pep talks.

I realize that each of you,--just as much as I, want to do a good,-- businesslike job for your constituents and for the State as a whole.

I think we've proved not only our desire, but our ability to do this.

And so you'll be getting no pep talk from me.

We know what we have to do, and now is the time to begin doing it.

The Governor's reorganization Bill was introduced today. Each committee of the House will receive a copy of the Bill.
I urge each committee to study the Bill, and particularly those aspects of it which relate to your committee's work.
Wednesday, we are breaking with precedent and having each of the State's Constitutional Officers,--including the Governor and the Lieu tenant Governor, come in and state their views about reorganization.
This procedure is necessary because by the Nature of the Legislation, those officials have not a chance to appear before the various commit tees of the House.
And then we will proceed to take up the Bill, section by section.
As you know, this is a unique piece of Legislation.

We cannot amend it and we cannot even pass it. We can either veto it, or sections of it, or allow it to become law by no action.

MONDAY, JANUARY 10, 1972

61

Regardless of how it emerges from this House,--I know that all of us will have given it our best thought and will have done what a majority of us feel is best for our people and our State.

I am hopeful--No, make that CONFIDENT--that this will be the best Legislative Session we've ever had.

It is only left for me, then,-- to say God Bless and Godspeed.

Thank You.

By unanimous consent, the following Bill of the House was introduced, read the first time and referred to the Committee on State Planning and Community Affairs:

HB 1103. By Mr. Lane of the 101st:
A Bill to be entitled an Act to create a State Boxing Commission; to provide for the juridiction, duties and authority of said Commission; and for other purposes.

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

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.

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.

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.

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Mr. Busbee of the 61st moved that all House and Senate Bills and Resolutions pending on the General Calendar be referred back to the committees to which they were previously assigned.

The motion prevailed and the following Bills and Resolutions were recom mitted :

HB

18. District Attorney and Grand Jury

HB

19. Criminals Trials, Accused Testify

HB

20. Criminal Cases, State's Right to Appeal (Reconsidered)

HB

35. Unfit Dwellings, Suspend Rent

HB

45. Clerk of Court, Send Records To Pardons Board

HB

53. Jurors, Felony Cases, Selection of

HB

58. Driver's License Examination, Visual Acuity, P.P.

HB

59. Director of Public Safety, Driver's Licenses

HB

61. State Examining Boards, Administrative Authority

HB

66. Criminal Proceedings, Prosecution Immunity

HB

76. Taxicab, Seat Belts Required

HB

117. Employees Retirement System, Former Employees

HB

118. Tenants Holding Over, Summons

HB

121. Deed of Lands, Address of Grantee

HB

167. Teacher Retirement System, Withdraw Contributions

HB

197. Board of Correction, Director's Compensation (Tabled)

HB

198. Board of Pardons and Paroles, Salary

HB

200. Public Safety, Director's Compensation

HB

218. Felonies, Pre-Sentence Hearings, Indictments

HB

224. Superior Court Judges, Contributions

HB

243. Criminal Procedure, Revise

HB

250. State Court Clerks, File Civil Case

HB

261. Grants, State and Federal, Three Municipal Services

HB

270. Bad Checks, Refuse to Honor (Reconsidered)

HB

282. Civil Cases, Tried by Jury

HR 118- 283. Grand Jurors, One Box for Each County

HB

324. Ad Valorem Taxes, Tangible Property

HR 123- 324. Intangible Tax. Negotiable Instruments

HB

336. State Arborist Board, Create (Tabled)

MONDAY, JANUARY 10, 1972

63

HB

373. Health Code, Mental, Home Care for 111

HB

375. Mentally 111, Taken into Custody

HB

424. Misdemeanor, Reduce Number of Jurors P.P.

HB

425. Felony Trials, Reduce Number of Jurors

HR 143- 425. Board of Education, School Districts, Merge

HR 144- 425. Misdemeanor Cases, Jury

HB

439. Cigarette Advertising, Control of

HB

447. Loan Sharking

HB

450. Sales Tax, Personal Property

HB

462. Veteran's Day, Holiday

HR 155- 462, State Board of Education, Create New Board

HB

484. Deceptive Practices, Sound Recordings (Reconsidered)

HB

523. Municipal Corporation, Liable For Injury

HB

524. County Liability, Immunity

HB

548. Practice Medicine, Clinical Training

HB

620. School System, Increase Millage Rate

HB

630. School Attendance, Compulsory Age

HB

647. Abortions, Define Criminal Abortion

HB

648. Mechanics and Materialmen's Liens, Amend

HB

651. U. S. Postal Service, Obligations

HR 191- 658. State Employees Awards Program

HB

659. Peace Warrants, Person

HB

663. 5-year License Plates, Peach State

HR 196- 665. Election Days, Sale of Liquor (Reconsidered)

HB

666. Cigarette Tax, Veterans Home

HR 197- 681. Merit System, Longevity Steps

HR 232- 698. State Incur Debt, Toll Bridges and Roads

HB

717. County Board of Education, Parking Permits

HB

754. Actions, Injuries, Time Limitations

HB

761. Department of Public Safety, Identification Card

HB

768. General Assembly Members, File Notice of Absence

HB

772. Motor Vehicles, Piggy Back Length

HB

779. State Penal Institution, Habeas Corpus

HB

787. Alcoholic Beverage, Licensing

64

JOURNAL OP THE HOUSE,

HB

798. Criminal Code, Parental Responsibility

HB

809. Public Assistance Act, Repayment of Sums

HB

814. Public Accountants, Audits

HR 265- 825. Convey Property, Montgomery County

HB

850. Sales Tax, Contractors

HB

858. Hunting and Pishing License, Agents Fees

HB

861. Credit Cards, Illegal Use of

HB

920. Minors, X-Rated Motion Pictures

HB

924. Criminal Justice Act

HB

961. Trucks, Hauling of Milk, License

HB

978. Bonds, Distress Warrants

HB

979. Zoning and Planning Ordinance

HB

980. Superintendent of Schools, Trace Debtors

HB 1041. Board of Corrections, Power of Arrest

HR 368-1053. Harold Adkerson, Relieve Surety

HR 371-1075. Central State Hospital, Name Building

HR 372-1075. Chattahoochee River Study Committee

SENATE

SR

52. Inter-Governmental Relations Study Committee

SB

155. Clerks Superior Courts, Destroy Records

SB

160. Civil Cases, Jurors, Verdict

SB

164. Employment Agencies, Agent (Tabled)

SB

169. Motor Vehicles, Identification

SB

170. Driver Training, Examination of Instructors

SB

173. Banking Business, Chartered

SB

177. Insurers, Invest in Obligations Issued (Reconsidered)

SB

179. Banks, Board of Directors, Change

SB

186. Agency, Purchase of Autos

SB

238. AVorkmen's Compensation, Right of Subrogation

SB

244. Tenants Holding Over, Landlord

SB

310. Criminal Trials, Change of Venue Procedure

MONDAY, JANUARY 10, 1972

65

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

Mr. Speaker:

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

SR 203. By Senator Holley of the 22nd:
A Resolution notifying the House of Representatives that the Senate has convened; and for other purposes.

The following communications were received and read:
HOUSE OF REPRESENTATIVES Atlanta
November 12, 1971
Honorable Glenn W. Ellard Clerk of the House Room 309 State Capitol Atlanta, Georgia 30334
Dear Jack:
This is to advise you that I am appointing the following officers of the Benefits & Aid subcommittee of the WELFARE COMMITTEE:
/s/ Ezzard, Chairman /s/ Cheeks, Vice Chairman /s/ Hill, Secretary
With kindest regards, I am
Cordially yours, /s/ Geo. L. Smith II
Speaker
GLS:eph CC: Honorable Cary Bond, Fiscal Officer
Honorable Frank Edwards, Legislative Counsel

66

JOURNAL OF THE HOUSE,

HOUSE OF REPRESENTATIVES Atlanta

November 12, 1971

Honorable Glenn W. Ellard
Clerk of the House of Representatives Room 309 State Capitol Atlanta, Georgia 30334

Dear Jack:

This is to advise you that I am appointing the Honorable Robert G.
Peters, District 2, to serve as Secretary of the Fire, Casualty & Allied Lines subscommittee of the standing House INSURANCE COMMIT TEE.

With kindest regards, I am GLS:eph

Cordially yours, /s/ Geo. L. Smith II
Speaker

CC: Honorable Gary Bond, Fiscal Officer

Honorable Frank Edwards, Legislative Counsel

HOUSE OF REPRESENTATIVES Atlanta

November 12, 1971

Honorable Glenn W. Ellard Clerk of the House of Representatives
Room 309 State Capitol , Atlanta, Georgia 30334

Dear Jack:

This is to advise you that I am appointing the Honorable Marvin Adams of the 39th to serve as Vice Chairman of the Gas, Oil, Geology & Minerals subcommittee of the NATURAL RESOURCES COMMIT TEE ; and Honorable Grover C. Patten of the 63rd to serve as Secretary
of the same sub-committee.

With kindest regards, I am

GLS:eph

Cordially yours,
/s/ Geo. L. Smith II Speaker

CC: Honorable Gary Bond, Fiscal Officer

*

Honorable Frank Edwards, .Legislative Counsel

MONDAY, JANUARY 10, 1972

67

HOUSE OF REPRESENTATIVES Atlanta

November 12, 1971

Honorable Glenn W. Ellard Clerk of the House of Representatives Room 309 State Capitol Atlanta, Georgia 30334

Dear Jack:

This is to advise you that I am appointing the Honorable John W. Greer, District 95, to serve as Vice Chairman of the Fire, Casualty & Allied Lines subcommittee of the standing House INSURANCE COM MITTEE.

With kindest personal regards, I am

GLS:eph

Cordially yours, /si Geo. L. Smith II
Speaker

CC: Honorable Cary Bond, Fiscal Officer

Honorable Frank Edwards, Legislative Counsel

HOUSE OF REPRESENTATIVES Atlanta, Georgia
December 6, 1971
Honorable Glenn W. Ellard Clerk, House of Representatives 309 State Capitol Atlanta, Georgia
Dear Jack:
This is to advise you that I am appointing Honorable Ralph E. Wood, Representative, District 75, Post 3, to the following standing committees of the House:
1. INSURANCE Fire, Casualty & Allied Lines
2. UNIVERSITY SYSTEM OF GEORGIA Long Range Program
3. AUDITING, ENROLLING & ENGROSSING, JOURNALS COMMITTEE

JOURNAL OP THE HOUSE,

Mr. Wood is assigned Seat 136 in the House Chamber.

With kindest regards, I am GLS:eph

Cordially yours, /s/ Geo. L. Smith II
Speaker

CC: Honorable Ralph E. Wood

Honorable Roy McCracken, Chairman, Insurance Committee

Honorable Chappelle Matthews, Chairman, University Committee

Honorable Lucius Black, Chairman, Auditing, Enrolling Committee

Honorable Gary Bond, Fiscal Officer, General Assembly

Honorable Prank Edwards, Legislative Counsel

Honorable Ben W. Fortson, Jr., Secretary of State

The following communication from His Excellency Governor Jimmy Carter was received and read:
EXECUTIVE DEPARTMENT Atlanta 30334

April 20, 1971

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

Dear Mr. Speaker:

I have vetoed House Bills 148, 268, 632, 661, 721, 1017 and 1064 and House Resolutions 59-135, 135-385, 244-772 and 353-1043 which were passed by the General Assembly at the 1971 Session.

Article V, Section I, Paragraph XV of the Constitution of the State of Georgia requires that I transmit such bills to you together with a list of reasons for such vetoes. The bills and list of reasons for their .veto are enclosed.

", ,

Sincerely, /s/ Jimmy Carter
Jimmy Carter

JC:bjc Enclosures

cc: Honorable Glenn W. Ellard

Honorable Frank H. Edwards

Honorable Arthur K. Bolton

Honorable Ben W. Fortson, Jr.

MONDAY, JANUARY 10, 1972

69

H. B. 268 (Veto No. 1)--By Representative Knowles of the 22nd, authorizing the Board of Commissioners of Henry County to levy and collect a license tax from any person, firm or corporation except those subject to regulation by the Georgia Public Service Commission who> may maintain a place of business in any area outside the incorporated; limits of municipalities. Stock car racing was our first major league; sport in Georgia. It has brought prestige and income as well as recogni tion to all parts of Georgia. The Atlanta International Raceway is already in some financial difficulty, and I am opposed to placing an. additional burden of a 5% tax on their gross receipts when other sporting events throughout Georgia are not subject to such a tax.

H. B. 148 (Veto No. 9)--By Representative Adams of ,the 100th and others, amending an Act establishing a merit system of. personnel administration for State employees, so as to provide a procedure where by employees of the Legislative Branch of Government may be granted Merit System status in the same manner as employees of the Execu tive Branch of Government, and for other purposes. This bill purported to amend Ga. Laws 1943, p. 171 (approved February 4, 1943) establish ing a merit system of personnel administration for State employees so as to provide a procedure whereby employees of the Legislative Branch of Government may be granted Merit System status. However, Ga. Laws 1943, p. 171 was repealed in its entirety on March 10, 1971, upon approval of Senate Bill 151, also passed at the 1971 Regular Session of the General Assembly. This bill therefore purports to amend a non existent law, and was therefore vetoed by me.

H. B. 632 (Veto No. 5)--By Representative Farrar of the 77th amending an Act known as the "Minimum Foundation Program of Education Act", so as to provide that if the General Assembly takesaction 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. This bill amends Section 22 of the "Minimum Foundation Program of Education Act"; however, that section was repealed by the passage of House Bill 140. The passage of House Bill 140 effectively alleviates the problem by substituting a different formula which in effect freezes the present level of local effort.

H. B. 661 (Veto No. 11)--By Representative Rainey of the 47th and Representative Dorminy of the 48th, providing for the creation of a Georgia System of Scenic Trails. This bill would have created a 30 member commission superimposed upon three agencies concerned with scenic trails of Georgia. My efforts during the next four years will be toward reducing the number of boards, agencies and commissions in government. I recognize the need for reorganization of activities con cerned with establishing and protecting a system of scenic trails. This need will be met in the governmental reorganization plan.

H. B. 721 (Veto No. 4)--By Representative Rush of the 51st, authorizing the Georgia Building Authority to provide three parking spaces for the Governor, three parking spaces for the Lt. Governor and three parking spaces for the Speaker of the House of Representatives, all free of cost. The present spaces have been assigned to the Governor almost since the Capitol was built. Employees of the Governor, Lt.

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Governor and Speaker of the House of Representatives work late into the evening. It is important especially for the ladies in these offices to have parking spaces in close proximity to the Capitol so that they will not be forced to walk several blocks after dark alone to their cars. It is almost impossible for employees of the Governor and Lt. Governor to acquire parking space in the State parking lots through normal channels since the employees change every four years and the waiting list for parking places is from 5 to 7 years.

H. B, 1017 (Veto No. 8)--By Representative Dixon of the 65th and others, amending 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. This bill was vetoed at the request of Representative Dixon.

H. B. 1064 (Veto No. 2)--By Representative Colwell of the 5th, amending an Act placing the Sheriff of Towns County on an annual
salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff. This bill was vetoed at the request of the author.

H. R. 59-135 (Veto No. 16)--By Representative Lewis of the 37th, authorizing the conveyance of a certain tract of stateowned property.
This is a land conveyance and would have conveyed the property to the original owner one year sooner and this would have deprived the State
of the opportunity to remove a building and a fire tower which had been constructed there at taxpayer's expense.

H. R. 135-385 (Veto No. 20)--By Representative McDaniell of the 117th and others authorizing the conveyance of certain real property located in Cobb County. I am generally opposed to the conveyance of
State property when the need can be met equally well by leasing said property.

H. R. 244-772 (Veto No. 10)--By Representatives Jessup and Tripp of the 49th, authorizing and directing the State Librarian to furnish certain law books to the clerk of the superior court of Pulaski
County. Ga. Laws 1868, p. 195 provides that the State Librarian shall not replace volumes missing after an original distribution to a public official unless there is proof of destruction by fire or other causes which are beyond the control of the counties. This is a general law which may not be avoided by special legislation. The Attorney General has
advised me that the county official to whom the reports were originally supplied is responsible to his successor in office for all volumes missing.

H. R. 353-1043 (Veto No. 19)--By Representative Smith of the 43rd and Chandler of the 34th declaring certain property of the State sur plus; authorizing and empowering the State Properties Control Com mission to sell or lease such property. It is the opinion of legal advisors that this bill could authorize the sale of this land without meeting the legal requirements for competitive bids.

MONDAY, JANUARY 10, 1972

71

The following communication from the Honorable Ben W. Fortson, Jr., Secretary of State, was received:

SECRETARY OF STATE State Capitol Atlanta 30334

November 1, 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 all those persons who registered in the Docket of Legislative Appearances for the 1971 Extraordinary Session, in accordance with Act No. 1294, Georgia Laws, 1970.

With best wishes, I am

Sincerely your friend, /s/ Ben W. Fortson, Jr.
Secretary of State.

Enclosures

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 three pages of photographed matter hereto attached contain the names and addresses of all those persons (numbered 1 through 32), along with the names of the respective persons, firms, corporations or associations they represent, who registered in the Docket of Legislative Appearances for the Extraordinary Session, 1971, pursuant to Act No. 1294, Georgia Laws, 1970.

In Testimony Whereof, I have hereunto set my hand and affixed the seal of my office, at the Capitol, in the City of Atlanta, this 1st
day of November, 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-sixth.

/s/ Ben W. Fortson, Jr. Secretary of State.

(Seal).

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JOURNAL OP THE HOUSE,

1. Ralph H. Witt City of Atlanta 2614 First National Bank Tower Atlanta, Georgia 30303

2. S. G. Davenport United Transportation Union Route 4, Box 179 Americus, Georgia 31709

3. Gene Dyson
Georgia Business & Industry Assoc., Inc. 181 Washington Street, S. W. Atlanta, Georgia 30303

4. Clifford M. Clarke

Georgia Business & Industry Assoc., Inc.

. .. , 181 Washington Street, S. W.

';;:;' ^ '

Atlanta, Georgia 30303

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

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

7. Bill T. Hardman Hardman Travel Industries
100 Peachtree Street, N. E. Atlanta, Georgia 30303

.

= 8. Wilton Hill

::

Georgia School Bus Drivers Association

.;

, Reidsville, Georgia 30453

9. W. B. Bryan Seaboard Coastline Railroad
148 Cain Street, N.E. Atlanta, Georgia 30303

10. J. R. (Jim) Snyder United Transportation Union
P. 0. Box 332 Snellville, Georgia 30278

11. Claude Kimbrell
Roadside Business Association 5925 Peachtree Industrial Boulevard Chamblee, Georgia 30341

MONDAY, JANUARY 10, 1972

73

12. James L. Upchurch Outdoor Advertising Association of Georgia 2735 Fern Valley Drive East Point, Georgia 30344

13. Gretta M. Dewald The Democratic Women of DeKalb 2231 Kodiak Drive, N. E. Atlanta, Georgia 30345

14. Katharine E. Wright Fulton County Republican Women's Club 97 Robin Hood Road, N. E. Atlanta, Georgia 30309

15. Marthena Burn Legislative Coalition 26 South Prado, N. E. Atlanta, Georgia 30309

16. Jerry R. Griffin Georgia Municipal Association 501 Fulton Federal Building Atlanta, Georgia 30303
17. Eric Holmes, Jr. Petroleum Council of Georgia 161 Peachtree Street, N. E. Atlanta, Georgia 30303

18. James D. King, Jr. Atlanta Chamber of Commerce 1300 Commerce Building Atlanta, Georgia 30303

19. Rev. Fred D. Bennette REGISTERED AGENT 1. Southern Christian Leadership Conference 2. Georgia Voters League 3. All Citizens Registration Committee 334 Auburn Avenue, N. E. Atlanta, Georgia 30303

20. Larry Lemons REGISTERED AGENT 1. Southern Christian Leadership Conference 2. Georgia Voters League 3. All Citizens Registration Committee 708 Landmark Apartments Atlanta, Georgia 30303

21. J. V. Dasher, Jr. Candyland, Inc. P. 0. Box 1609 Valdosta, Georgia 31601

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22. James L. Harper Candyland, Inc.
P. 0. Box 644 Jesup, Georgia 31545

23. David J. Reedy Roadside Business Association 1517 Virginia Street Downers Grove, Illinois 60515

24. Henry B. Troutman, Jr. Turner Outdoor Advertising 3200 Rockingham Drive, N. W. Atlanta, Georgia 30327

25. David H. Flint Turner Communications Corporation
732 Ashby Street, N. W. Atlanta, Georgia 30318

26. W. A. Herring Turner Communications Corporation
732 Ashby Street, N. W. Atlanta, Georgia 30318

27. Peter A. Dames
Turner Communications Corporation 732 Ashby Street, N. W. Atlanta, Georgia 30318

28. Frank Harris, Jr.
Harris Poster Advertising Box 194 Griffin, Georgia 30223

29. Claude Williams, Jr. Outdoor Advertising Association of Georgia Georgia Outdoor Advertising, Inc.
Athens, Georgia 30601

30. Kirby L. Turnage, Jr. Outdoor Advertising Association of Georgia Georgia Outdoor Advertising, Inc. Athens, Georgia 30601
31. Jane H. Yarn SAVE 881 West Conway Road, N. W. Atlanta, Georgia 30327
32. Bryce Holcomb Georgia Soft Drink Association 3512 Broad Street Chamblee, Georgia 30005

MONDAY, JANUARY 10, 1972

75

The following communication from the Honorable Ben W. Fortson, Jr., Secretary of State, was received:

SECRETARY OF STATE State Capitol Atlanta 30334

January 10, 1972

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 all those persons who have registered in the Docket of Legislative Appearances as of 4:30 P.M. Friday, January 7, 1972, in accordance with Act No. 1294, Georgia Laws, 1970.

With best wishes, I am

Sincerely your friend, /s/ Ben W. Fortson, Jr.
Secretary of State

Enclosures

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia, do hereby certify, that the fifteen pages of photographed matter hereto attached contain the names and addresses of all those persons (numbered 1 through 60), along with the names of the respective persons, firms, corporations or associations they represent, who registered in the Docket of Legislative Appearances, pursuant to Act No. 1294, Georgia Laws, 1970, as of 4:30 P.M. Friday, January 7, 1972.

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 10th day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-Two and of the Independence of the United States of Ameri ca the One Hundred and Ninety-sixth.

/s/ Ben W. Fortson, Jr. Secretary of State

(Seal).

1. Max Blankenship Georgia Safety Council 2378 Engineer Drive East Marietta, Georgia 30036

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JOURNAL OF THE HOUSE,

2. Gene Dyson Georgia Business & Industry Assoc. 181 Washington Street, SW Atlanta, Georgia 30303

3. James N. Parkman Georgia Business & Industry Assoc. 181 Washington Street, SW Atlanta, Georgia 30303

4. Clifford M. Clarke Georgia Business & Industry Assoc. 181 Washington Street, SW Atlanta, Georgia 30303
5. Mary Anne Whatley Home Builders Association 339 Buckhead Avenue, N. E. Atlanta, Georgia 30305

6. M. C. Honea, Jr. Home Builders Association 339 Buckhead Avenue, N. E. Atlanta, Georgia 30305
7. William T. Bryant Home Builders Association 339 Buckhead Avenue, N. E. Atlanta, Georgia 30305

8. Charles W. Yeargin Home Builders Association P. 0. Box 584
Elberton, Georgia 30635

9. Woodrow W. Lavender Registered Agent Home Builders Association Georgia Optometric Assn. 11 Thomas Street P. O. Box 40 Elberton, Georgia 30635

10. Dunham McAllister Fourth Congressional District Municipal Assn. 6 Courthouse Way Jonesboro, Georgia 30236

11. R. Edward Rice Georgia State Association of Life Underwriters
P. 0. Box 5071 Macon, Georgia 31208

MONDAY, JANUARY 10, 1972

77

12. Roy J. Nicholson Georgia Professional Barbers Association, Inc. 11 West Wieuca Road, N. W. Atlanta, Georgia 30342

13. Helen F. Shell Georgia Roadside Council 5545 Arundel Drive, N. W. Atlanta, Georgia 30328

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

15. Richard Wilkins Sears, Roebuck and Co. 675 Ponce de Leon Ave., N. E. Atlanta, Georgia 30308

16. Leland Moore Sears, Roebuck and Co. 675 Ponce de Leon Ave., N. E. Atlanta, Georgia 30308

17. W. R. Hornsby Georgia Professional Bail Bondsmen's Association 1142 Jefferson Street, N. W. Atlanta, Georgia 30318

18. Alvin E. Cagle Georgia Professional Bail Bondsmen's Association 1142 Jefferson Street, N. W. Atlanta, Georgia 30318

19. Howard H. Burns Georgia Hearing Aid Society 1411 William-Oliver Bldg. Atlanta, Georgia 30303
20. Glenn A. Tatum, Jr., DDS Georgia Dental Association 1353 Clairmont Road Decatur, Georgia
21. Frank L. Carter Georgia Textile Manufacturers Association, Inc. 740 Bank of Georgia Bldg. Atlanta, Georgia 30303
22. John B.1 Chapman Ga. Association of Real Estate Boards 231 Healey Building Atlanta, Georgia 30303

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23. Dr. Sid Williams Georgia Chiropractic Assn. P. O. Box 37 Austell, Georgia 30001

24. Ed W. Hiles Georgia Savings and Loan League 1616 William Oliver Building Atlanta, Georgia 30303

25. Jerry R. Griffin Georgia Municipal Association 501 Fulton Federal Building Atlanta, Georgia 30303

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

27. F. P. Lindsey, Jr. Georgia Bankers Association 1420 William Oliver Building Atlanta, Georgia 30303

28. Glenn M. Hogan Georgia Hospital Association 92 Piedmont Ave., N. E. Atlanta, Georgia 30303

29. Jesse Flanigan III Metropolitan Atlanta Rapid Transit Authority 3765 King Edward Trail, S. W. Atlanta, Georgia 30331

30. Wesley Wood Terry Wesley Wood Terry 66 Copeland Rd., N. E. Atlanta, Georgia

31. A. G. Hendrix A. G. Hendrix Route 1, Box 279 Monroe, Georgia 30655

32. W. C. "Bill" McBrayer Georgia Retail Association 8th Floor, Suite E2 Atlanta Merchandise Mart Atlanta, Georgia 30303

MONDAY, JANUARY 10, 1972

79

33. Cubbedge Snow Independent Bankers Association of Georgia 700 Home Federal Building Macon, Georgia 31201

34. C. M. Stapleton Independent Bankers Association of Georgia 700 Home Federal Building Macon, Georgia 31201

35. Gretta M. Dewald Democratic Women of DeKalb 2231 Kodiak Drive, N. E. Atlanta, Georgia 30345

36. Katharine E. Wright Fulton County Republican Women's Club 97 Robin Hood Road, N. E. Atlanta, Georgia 30309

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

38. Herbert H. Mabry Georgia State AFL-CIO 501 Pulliam Street, S. W. Atlanta, Georgia 30312

39. J. 0. Moore (Jim) Georgia State AFL-CIO 501 Pulliam Street, S. W. Atlanta, Georgia 30312

40. Charles T. White Georgia Brewers Association 133 Carnegie Way, N. W. Suite 920 Atlanta, Georgia 30303

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

42. Ralph H. Witt City of Atlanta 2614 First National Bank Tower Atlanta, Georgia 30303

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43. W. B. (Bill) Bryan Seaboard Coastline Railroad
148 Cain Street, N. E.
Room 644 Atlanta, Georgia 30303

44. Rev. Michael A. Morris Georgia Catholic Conference
756 West Peachtree St., N.W. Atlanta, Georgia 30308

45. Harold Sheats Association County Commissioners of Georgia 2036 Headland Drive, East Point, Georgia 30344

46. James H. Sheats Association County Commissioners of Georgia
2036 Headland Drive East Point, Georgia 30344

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

48. R. B. Symonette Georgia Power Company Box 4545
Atlanta, Georgia 30302

49. Judge G. Sisk National Association of Retired and Veteran Railway Employees 390 Lake Drive Hapeville, Georgia 30354

50. Jack W. Houston Georgia Association of Petroleum Retailers P. 0. Box 639 Decatur, Georgia 30031

51. George C. Spence Georgia Osteopathic Medical Association 147 Huntington Road, N. E. Atlanta, Georgia 30309

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

MONDAY, JANUARY 10, 1972

81

53. John P. Kiser Medical Association of Atlanta 875 West Peachtree St., N. E. Atlanta, Georgia 30309
54. C. G. "Mike" Bender Georgia Dairy Association P. O. Box 458 Marietta, Georgia 30060
55. Raymond L. Hill Georgia Hotel-Motel Assn. 1410 Rhodes Haverty Building Atlanta, Georgia 30303
56. C. E. Young Georgia Hotel-Motel Assn. 1410 Rhodes Haverty Building Atlanta, Georgia 30303
57. Talitha M. Russell Georgia Society of Ophthamology P. O. Box 655 McDonough, Georgia 30253
58. Mrs. Napier Burson, Jr. Alcohol-Drug Programs 4220 Club Drive, N. E. Atlanta, Georgia 30319
59. Mrs. Donald E. Lee Alcohol-Drug Programs 2652 Galahad Drive, N. E. Atlanta, Georgia 30345
60. Joseph L. Abraham Consumer Institute of Georgia 818 First Federal Building Atlanta, Georgia 30303

Leave of absence was granted to Mr. Cole of the 3rd in accordance with the following request:
HOUSE OF REPRESENTATIVES Atlanta, Georgia
January 8, 1972
Honorable George L. Smith Speaker, House of Representatives State Capitol Atlanta, Georgia
Dear Mr. Speaker:
I have an appointment in Chicago, 111., on the 10th of January which concerns legislation for the County of Whitfield.

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JOURNAL OF THE HOUSE,

For this reason, I respectfully request a leave of absence from the Georgia House of Representatives on this date.

Sincerely, /s/ Jack Cole
Representative District 3 Post 1

JHC:c

Mr. Busbee of the 61st moved that the House do now adjourn until 11:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 11:00 o'clock, tomorrow morning.

TUESDAY, JANUARY 11, 1972

83

Representative Hall, Atlanta, Georgia Tuesday, January 11, 1972

The House met pursuant to adjournment at 11:00 o'clock, A.M., this day and was called to order by the Speaker.
The following prayer was offered by Rev. Vernard Robertson, District Superintendent, Valdosca District, United Methodist Church, Valdosta, Georgia:
0 Father, as we become involved in the routine of the day, we pause to seek Thy help. Experienced in the ways of men, we know all too little the ways of God.
Teach us better to know ourselves, that, knowing our weakness we may be on our guard.
Teach us better to understand other people that we may view their shortcomings with charity, their virtues with appreciation, and their kindness to us with gratitude.
Be with Thy servants in this place, in all things great and small, so that small things become great and great things become possible.
Father of mercies, bless their loved ones and their families, and make their homes sanctuaries of love and peace where they may find spiritual resources for the strain and pressure of their duties here.
Give us now Thy spirit to guide and direct our thinking, that when the day's work is over we may merit Thy "Well done".
Through Jesus Christ our Lord.
AMEN.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T.

Bennett, Tom Berry Blackshear 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

84
Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Conn ell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser, D. H. Gary Gaynor Gei singer Gignilliat
Grahl
Granade
Grantham
Greer
Griffin
Groover
Gunter
Ham
Hamilton
Harrington
Harris
Harrison
Hawes
Hays
Hill, B. L.
Hill, G.
Hood
Horton

JOURNAL OF THE HOUSE,

Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett 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 Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Sweat
Thomason
Thompson
Toles
Townsend
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

TUESDAY, JANUARY 11, 1972

85

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 Resolution. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call upon any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1104. By Mr. Groover of the 27th: A Bill to be entitled an Act to amend Section 27-2505, as amended, which section relates to the time from which sentences in criminal cases shall run, so as to provide that a judge shall compute a sentence from a date prior to the date of sentence; and for other purposes.
Referred to the Committee on Judiciary.
HB 1105. By Mr. Groover of the 27th: A Bill to be entitled an Act to repeal the Act providing for counties to require the issuance of certain permits relative to the location or relocation of certain mobile homes; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1106. By Mr. Groover of the 27th: A Bill to be entitled an Act to amend Code Section 27-2401, relating to stenographic notes, the entry of testimony on the minutes of the

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JOURNAL OF THE HOUSE,

court, and transcripts or briefs, so as to provide that filing of untranscribed recording tapes, stenographic notes or like materials shall be sufficient entry on the minutes of the court; and for other purposes.
Referred to the Committee on Judiciary.

HB 1107. By Mr. Adams of the 9th:
A Bill to be entitled an Act to amend an Act authorizing automobile wrecking companies to sell or otherwise dispose of certain motor ve hicles, so as to change the time limit in which motor vehicles must be kept in custody; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1108. By Mr. Adams of the 9th:
A Bill to be entitled an Act to amend Code Section 34-629, relating to where electors shall vote, so as to change the population figures therein; and for other purposes.
Referred to the Committee on State of Republic.

HR 500-1108. By Mr. Mullinax of the 30th: A Resolution compensating Mr. Luther King; and for other purposes.
Referred to the Committee on Appropriations.
HR 501-1108. By Mr. Shanahan of the 8th: A Resolution compensating Mr. Terrell Harris; and for other purposes.
Referred to the Committee on Appropriations.
HB 1109. By Messrs. Mullinax, Ware, Potts and Knight of the 30th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to extend and increase the corporate limits of the City of LaGrange; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1110. By Messrs. Ware, Mullinax, Potts and Knight of the 30th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to extend the corporate limits of the City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, JANUARY 11, 1972

87

HB 1111. By Mr. Hill of the 97th:
A Bill to be entitled an Act to amend Code Section 92-5702, relating to the meaning of "fair market value", so as to provide that the sales price of property shall be deemed to be the fair market value thereof for the year during which sold; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1112. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to require the school boards of any school districts that maintain a recognized public school to establish and maintain preschool educational facilities; to define "preschool children"; and for other purposes.
Referred to the Committee on Education.

HB 1113. By Messrs. Miles of the 78th, Connell of the 79th, Smith and Sherman of the 80th, Groover of the 27th, Bohannon of the 20th, Isenberg of the 67th and others:
A Bill to be entitled an Act to amend an Act authorizing and em powering the State Board of Education to administer any and all funds allocated for pupil transportation, so as to provide that it shall be un lawful to transport any student if a physician shall certify that trans portation would be detrimental to the health of the student; and for other purposes.
Referred to the Committee on Education.

HB 1114. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to provide that no individual, firm, corportion or business shall install, sell or offer for sale certain automatic hot water tanks or heaters without approved relief valves; and for other purposes.
Referred to the Committee on Industry.

HB 1115. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees of said County, so as to provide a new section for vesting privileges; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 1116. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees of said County, so as to provide refund of employee's contributions to estate where amount of pension paid does not equal total contributions paid; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1117. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees of said County, so as to provide that the Board of Trustees of said Fund shall have full power to invest and reinvest not more than 50% of assets of the Fund in stocks, bonds, mortgages, etc.; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1118. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees of said County, so as to provide that the highest 36 months of service shall be used in computing pensions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 502-1118. By Mr. Hill of the 97th:
A Resolution proposing an amendment to the Constitution to authorize the General Assembly to enact legislation treating buildings under con struction as a separate class from other classes of tangible property for ad valorem property tax purposes by providing for the assessment of such buildings on a quarterly basis for the taxation thereof; and for other purposes.
Referred to the Committee on Ways and Means.

HR 503-1118. By Mr. Hill of the 97th:
A Resolution proposing an amendment to the Constitution to provide that no low rent housing project shall hereafter be developed, con structed or acquired within any city or county until a majority of the

TUESDAY, JANUARY 11, 1972

89

qualified electors of such city or county voting upon such issue approve such project by voting in favor thereof at any election to be held for that purpose; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HR 504-1118. By Mr. Wheeler of the 57th:
A Resolution compensating Miss Jeanett Purdom; and for other pur poses.
Referred to the Committee on Appropriations.

HR 505-1118. By Mr. Alien of the 92nd: A Resolution compensating Mr. David Harn; and for other purposes.
Referred to the Committee on Appropriations.

HB 1119. By Messrs. Lane of the 101st, Adams of the 100th, Hudson of the 48th and Savage of the 104th:
A Bill to be entitled an Act to amend Code Section 27-901, relating to bail in capital and other cases, so as to provide that offenses involv ing the giving, selling, offering for sale, bartering or exchanging of any narcotic shall be considered as capital offenses as respects bailability; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 506-1119. By Messrs. Lane of the 101st, Adams of the 100th, Colwell of the 5th, Leggett of the 67th, Toles of the 9th, and Hudson of the 48th: A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $5,000 from all State and County ad valorem taxes for residents of Georgia who are 65 years of age or over or disabled and who have a net income not exceeding $6,000 for the immediately preceding taxable year; and for other purposes.
Referred to the Committee on Ways and Means.
HR 507-1119. By Messrs. Lane of the 101st, Toles of the 9th, Adams of the 100th and Hudson of the 48th: A Resolution to repeal House Resolution No. 169-492 adopted at the 1971 session of the General Assembly of Georgia relating to homestead exemptions and for other purposes.
Referred to the Committee on Ways and Means.

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HR 508-1119. By Messrs. Lane of the 101st, Adams of the 100th, Toles of the 9th, Larsen of the 113th, and others:
A Resolution proposing an amendment to the Constitution so as to limit the maximum amount of county school taxes to the amount of such taxes paid for the calendar year 1972 for any person who is 65 years of age or over and owns and occupies a homestead as his residence within this State when the net income of any such person, from all sources, does not exceed $6,000 for the immediately preceding taxable year; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1120. By Mr. Thomason of the 77th:
A Bill to be entitled an Act to amend an Act prohibiting the operation of clinical laboratories in this State unless licensed, so as to change the provisions relative to exceptions and exemptions from the pro visions of said Act; and for other purposes.
Referred to the Committee on Health and Ecology.

HR 509-1120. By Messrs. Lane of the 101st, Toles of the 9th, Adams of the 100th, Hudson of the 48th and Colwell of the 5th:
A Resolution proposing an amendment to the Constitution so as to pro vide for a homestead exemption of $10,000 for certain totally and permanently disabled veterans certified as such by the United States Veterans Administration; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1121. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act, relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to include landscape architects and land surveyors within the pro visions of said Act; and for other purposes.
Referred to the Committee on Ways and Means.
HR 510-1121. By Messrs. Greer of the 95th and Smith of the 43rd:
A Resolution proposing an amendment to the Constitution so as to provide that each county or group of counties shall have legislative power to establish a commission with the authority to protect the rivers and flowing streams within the said county or group of coun ties and for other purposes.
Referred to the Committee on Natural Resources.

TUESDAY, JANUARY 11, 1972

91

HR 511-1121. By Messrs. Greer of the 95th, McCracken of the 36th and Smith of the 43rd:
A Resolution creating the No-Fault Insurance Study Committee; and for other purposes.
Referred to the Committee on Insurance.

HB 1122. By Messrs. Thomason of the 77th and Melton of the 32nd:
A Bill to be entitled an Act to provide a severance tax on the severance of oil, gas and certain other petroleum related natural resources from the soil or water, or from beneath the soil or water of this State; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1123. By Messrs. Mauldin of the 12th, Moore of the 6th, Phillips of the 50th, Farrar of the 77th, Wood of the llth, Wheeler of the 57th, Jordan of the 74th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the calculations of the amounts to be raised by local units of administration in support of the Minimum Foundation Program of Education; and for other purposes.
Referred to the Committee on Education.

HR 512-1123. By Mr. Larsen of the 113th:
A Resolution compensating Mr. Henry B. Ferchaud; and for other purposes.
Referred to the Committee on Appropriations.

HB 1124. By Mr. Murphy of the 19th:
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, so as to provide that graduates of nationally ac credited law schools located within the State of Georgia shall not be required to stand or pass a Georgia Bar Examination; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1125. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 13-904, relating to applications for bank charters, so as to provide that the applicants

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shall not be required to divulge the name of the chief executive officer of any proposed new bank; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1126. By Mr. Murphy of the 19th:
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, so as to provide that students who are enrolled in the last two quarters of the last semester of legal study shall be eligible to stand the Georgia Bar Examination; and for other purposes.
Referred to the Committee on Special Judiciary.

By unanimous consent, the following Bill of the House was read the second time:

HB 1103. By Mr. Lane of the 101st:
A Bill to be entitled an Act to create a State Boxing Commission; to provide for the jurisdiction, duties and authority of said Commission; and for other purposes.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has adopted the following Resolutions of the House, to-wit:

HR 495. By Mr. Smith of the 43rd and others:
A Resolution to notify the Governor that the General Assembly has convened; and for other purposes.

The President has appointed as a Committee of Escort the following Sena tors: Sutton of the 9th, Hamilton of the 26th, Plunkett of the 30th, Ward of the 39th, Tysinger of the 41st, Summers of the 53rd and Jackson of the 16th.

HR 497. By Mr. Smith of the 43rd and others:
A Resolution calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor; and for other purposes.

TUESDAY, JANUARY 11, 1972

93

The President has appointed as a committee to notify the Governor the following Senators; Holloway of the 12th, Holley of the 22nd, Bateman of the 27th, Johnson of the 38th, Rowan of the 8th, Chapman of the 32nd, and Overby of the 49th.

HR 498. By Mr. Smith of the 43rd and others:
A Resolution calling a joint session of the House of Representatives and Senate for the purpose of hearing a message from the Governor; and for other purposes.

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

Ballard of the 45th, Broun of the 46th, Coggin of the 35th, Smith of the 34th, Fincher of the 51st, Hudgins of the 15th and Hill of the 29th.

HR 499. By Mr. Smith of the 43rd and others:
A Resolution calling a joint session of the House of Representa tives and the Senate for the purpose of hearing a message from Honor able Henry M. Jackson; and for other purposes.

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

Riley of the 1st, Young of the 13th, Scott of the 17th, McDuffie of the 19th, McGill of the 24th, Kidd of the 25th and Lester of the 23rd.

Mr. Snow of the 1st moved that the following Bill of the House be withdrawn from further consideration:

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; and for other purposes.
The motion prevailed.
Mr. Snow of the 1st moved that the following Bill of the House be with drawn from further consideration:

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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, as amended, so as to change the compensation of the mayor of Rossville; and for other purposes.

The motion prevailed.

Mr. Snow of the 1st moved that the following Bill of the House be withdrawn from further consideration:

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, so as to change the compensation of said clerk; and for other purposes.

The motion prevailed.
Mr. Snow of the 1st moved that the following Bill of the House be with drawn from further consideration:
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, so as to change the compensation of the ordinary; and for other purposes.
The motion prevailed.
The following communications, which were filed with the Clerk of the House after adjournment of the first day's session on January 10, 1972, were read;
EXECUTIVE DEPARTMENT Atlanta 30334
January 10, 1972 Hon. Glenn W. Ellard Clerk of the House Georgia House of Representatives State Capitol Atlanta, Georgia 30334
Dear Glenn:
I am today presenting to you an identical copy of the Executive Reorganization Plan of 1972 which was submitted to you on December

TUESDAY, JANUARY 11, 1972

95

23, 1971, in accordance with the requirements of Georgia Laws 1971, p. 4 (H. B. 1).

The official plan sets forth the details of the proposed reorganiza tion of state government and reasons therefor which can be found in Chapter 1, Section 102.

Sincerely, I si Jimmy Carter

js Attach.

A Plan to comply with the direction of the General Assembly as provided for in an Act approved February 15, 1971, entitled "An Act to charge and authorize the Governor as Chief Executive, within con stitutional and other limitations, to direct and effectuate the reorganiza tion of any one or more departments, agencies, commissions, boards or bureaus of the Executive Branch of State Government, or any functions thereof; to provide definitions; to provide criteria for the exercise of such authority; to provide when and under what conditions such re organization shall become effective and final; to provide for an ex piration date; to provide for severability; to repeal conflicting laws; and for other purposes," (Ga. Laws 1971, p. 4) ; to simplify the opera tions of the Executive Branch of State Government and make said Executive Branch more effective and more responsive to the needs of the people of the State of Georgia by redistributing the powers, duties and functions of the Executive Branch among such offices, boards, commissions, and departments as are herein continued or established; to define such powers, duties and functions and coordinate the same; to provide for the implementation of such reorganization; to provide an effective date; and for other purposes.

Be it approved and ratified by the General Assembly of Georgia:

CHAPTER 1. GENERAL PROVISIONS
Section 101. Short Title.
This Plan shall be known and may be cited as "Executive Reor ganization Plan of 1972."
Section 102. Declaration of Policy and Purpose.
(a) The State Constitution contemplates a separation of power within State Government among the Legislative, the Executive, and the Judicial Branches of government. The Legislative Branch determines policies and programs and reviews program performance. The Execu tive Branch executes programs and policies adopted by the Legislature and makes policy recommendations to the Legislature. The Judicial Branch determines the constitutional propriety of the policies and programs and adjudicates conflicts arising from the interpretation or application of laws.

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(b) Within constitutional limitations and in accordance with the charge of the 1971 General Assembly as expressed in an Act of the Georgia General Assembly approved February 15, 1971, (Act No. 2, Ga. Laws 1971, p. 4), the agencies which comprise the Executive Branch should be consolidated into a reasonable number of departments con sistent with executive capacity to administer effectively at all levels. The agencies in the Executive Branch should be merged into one of the departments of the Executive Branch established or continued under this Plan to achieve maximum efficiency and effectiveness.

(c) Structural reorganization should be a continuing process through careful executive and legislative appraisal of the placement of proposed new programs and the coordination of existing programs in response to public needs. It is the public policy of this State and the purpose of this Plan to create a structure of the Executive Branch of State Government which is responsive to the needs of the people of this State and sufficiently flexible to meet changing conditions; to promote economy and efficiency in the operation and management of State Gov ernment; to improve services to the citizens of the State; to conserve the human and natural resources of the State; to promote orderly growth of the State and its Government; to strengthen the executive capacity to administer effectively and efficiently at all levels; to en courage greater participation in State Government; to effect the grouping of State agencies into a reasonable number of departments primarily according to function; to provide that the responsibility within the Executive Branch of State Government for the implementa tion of programs and policies is clearly fixed and ascertainable; and to eliminate overlapping and duplication of effort within the Executive Branch of State Government.

(d) It is the intent of this Reorganization Plan to simplify the operations of the Executive Branch of State Government and to pro vide for the orderly transfer of functions of existing agencies to de partments provided by this Plan, with the least disruption of the de livery of governmental services.

(e) It is further the intent of this Reorganization Plan not to in crease, decrease, or change the statutory powers of any agency existing before the effective date of this Plan, unless such intent is specifically
expressed herein.

Section 103. Definitions. As used in this Plan:

(a) "Agency" means any officer, department, division, bureau, board, commission or agency in the Executive Branch of State Govern ment.

(b) "Unit" means an internal subdivision of an agency, created by statute or by administrative action, including a division, bureau, section, or department, or an agency assigned to a department for administrative purposes only as provided in Section 105 of this Plan.

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97

(c) Except when used in connection with the name of an agency existing before the effective date of this Plan, "department" means a principal, functional and administrative entity provided for by this Plan, within the Executive Branch of State Government and includes its divisions.

(d) "Department head" means a director, commission, board, com missioner, or constitutional officer or such other official in charge of a department continued or created by this Plan.

(e) "Function" means a duty, power, or program exercised by or assigned to an agency, whether or not specifically provided for by law, including budgeted positions and personnel relating to the per formance of such function unless otherwise provided by this Plan.

(f) "Constitution" means the Constitution of the State of Georgia of 1945 as amended.

(g) Unless otherwise required by the context of this Plan, the terms "policy" or "policy-making" as used in this Plan mean those functions related to establishing the general direction which programs of an agency shall take.

(h) Unless otherwise required by the context of this Plan, the term "administrative" is used to refer to functions related to the specific implementation of general policies.

(i) "Classified service" means a position included in the State Merit System of Personnel Administration subject to the laws, rules, and regu lations relating to the State Personnel Board and the State Merit System of Personnel Administration.

Section 104. Structure of Executive Branch of State Government.

(a) All executive offices, boards, commissions, committees, agen cies, departments, bureaus, and instrumentalities of the Executive Branch of State Government, and their respective functions, are allo cated by this Plan among and within the following departments or offices continued or established by this Plan:
Governor
Lieutenant Governor
Department of Administrative Services
Department of Agriculture
Department of Audits and Accounts
Department of Industry and Trade
Comptroller General
Department of Defense
Department of Education

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Department of Financial Regulation Department of Human Resources Department of Labor Department of Law Department of Natural Resources Department of Public Safety Public Service Commission Department of Revenue Secretary of State State Scholarship Commission Department of Transportation Treasurer Board of Regents of the University System of Georgia State Department of Veterans Service

(b) For its internal structure, each department shall adhere to

the following standard terms: (1) the principal unit of a department

'

is a "division." Each division shall be headed by a "director." (2) The

principal unit of a division is a "section." Each section shall be headed

by a "supervisor."

Section 105. Assignment for Administrative Purposes Only.
(a) An agency assigned to a department for administrative pur poses only in this Plan shall:
(1) Exercise its quasi-judicial, rule-making, licensing or policymaking functions independently of the department and without approval or control of the department. The Governor shall resolve any questions concerning whether a function is policy-making or administrative and his decision shall be final.

(2) Prepare its budget, if any, and submit its budgetary re quests, if any, through the department.

(b) The department to which an agency is assigned for administra tive purposes only in this Plan shall:

(1) Provide record keeping, reporting, and related administra tive and clerical functions for the agency and provide staff for the agency; in addition the department shall include in the depart mental budget the agency's budgetary request, if any, as prepared and submitted to the department.

(2) The agency may hire its own personnel only if authorized in this Plan or the Constitution; provided, however, with the ap-

TUESDAY, JANUARY 11, 1972

99

proval of the Governor the agency may hire personal secretaries and its chief administrative officer.

(3) Disseminate for the agency any required notices, rules, or orders adopted, amended, or repealed by the agency.

(c) Whenever any authority is assigned for administrative pur poses, it means only that the State Department through which the au thority deals with the State shall be that Department to which the au thority is assigned by this Plan. Any authority created by Georgia law shall retain its separate identity as an instrumentality of the State and a public corporation. The Department to which an authority is as signed is authorized to perform for such authority all functions set forth in Section 105 (b) (1).

(d) Any retirement system assigned for administrative purposes shall retain its separate identity and the department to which it is assigned is authorized to perform for such retirement system all func tions set forth in Section 105 (b) (1).

Section 106. Prior Right of Department Head to Agencies and Records.

In order that a department head appointed or holding office pur suant to this Plan might formulate and effectuate plans for the internal organization and the fiscal and personnel administration of the agency which he will administer, each such department head shall, after rati fication of this Plan and, where applicable, after his appointment, have full access to all agencies or units (including records) whose functions will be placed within his department by this Plan.

Section 107. Creation of Advisory Councils.
A department head or the Governor may create advisory councils. Any other official or agency of the Executive Branch of State Govern ment may also create advisory councils, but only if federal law or regulation requires that such official or agency create the advisory council as a condition to the receipt of federal funds. Advisory coun cils may be created only for the purpose of acting in an advisory capacity. Unless otherwise provided by law, any such advisory council shall have a definite termination date in the instrument creating it, such date not to extend beyond the term of the Governor holding office at the time of the creation of such council.

Section 108. Agencies Abolished with Multiple Transfers.
If any agency is abolished before all of its functions have been transferred to other departments as provided by this Plan, the depart ment created in the chapter of this Plan under which the agency is abolished shall succeed to the remaining functions.

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Section 109. Agencies Abolished.
\
Any agency all of whose functions are transferred to another agency or agencies as provided in this Plan is abolished as a separate agency.

Section 110. Rights of State Personnel.
Unless otherwise provided in this Plan, each State officer or em ployee affected by the reorganization of the Executive Branch of State Government under this Plan shall be entitled to all rights which he possessed as a State officer or employee before the effective date of the applicable provision of this Plan, including all rights of rank or grade, rights to vacation, sick pay and leave, rights under any retirement or personnel plan, and any other rights under any law or administra tive policy. This section is not intended to create any new rights for any State officer or employee, but to continue only those rights in effect before the effective date of the applicable provision of this Plan.

Section 111. Rights to Property.
(a) The department which succeeds to all or part of the functions of an agency under this Plan also succeeds to the rights to all real and personal property of that agency relating to the functions or parts of functions transferred. The property shall include real property, records, office equipment, supplies, contracts, books, papers, documents, maps, appropriations, accounts within and without the State Treasury, funds, vehicles, and all other similar property. However, the depart ment or unit may not use property nor may it use or divert monies in a fund or an account for any purpose other than provided by law. The Governor shall resolve any conflict as to the proper disposition of the property and his decision shall be final.

(b) The real property of any agency abolished by this Reorganiza
tion Plan, the functions of which agency are not continued or trans ferred to a department provided by this Plan, shall be transferred to
the State Properties Control Commission, unless otherwise provided
by this Plan.

(c) The personal property of any agency abolished by this Re
organization Plan, the functions of which agency are not continued or transferred to a department provided by this Plan, shall be trans ferred to the Department of Administrative Services, unless otherwise provided by this Plan. Any funds held by any such agency shall revert
to the General Fund of the State.

(d) This section does not apply to property owned by the fed eral government or any local governments.

Section 112. Rules, Regulations, and orders.
The department which succeeds to all or part of the functions of an agency under this Plan other than an agency assigned to the de-

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101

partment for administrative purposes, also succeeds to the rules, regu
lations, and orders of that agency and the power of that agency to make rules and regulations relating to the functions or parts of func
tions transferred. The rules, regulations, and orders of any agency in effect before the effective date of the provisions of this Plan affect ing the agency remain in effect until amended, repealed, superseded
or nullified by proper authority or as otherwise provided by law.

Section 113. Legal Proceedings.

This Plan shall not affect the validity of any judicial or admin istrative proceeding pending or which could have been commenced be
fore the effective date of the applicable provisions of this Plan, and the department which succeeds to the functions of an agency relating to the proceeding shall be substituted as a party at interest.

Section 114. Rights and Duties Under Existing Transactions.

The rights, privileges, and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other transactions entered into, before the effective date of the
applicable provision of this Plan, by the State or by any agency, officer, or employee thereof, and covenants and agreements as set forth there in, remain in effect and none of those rights, privileges, duties,
covenants, or agreements is impaired or diminished by reason of the transfer of the functions of an agency or the abolition of an agen cy in this Plan. The department which succeeds to the functions of an
agency is substituted for that agency and succeeds to its rights and duties under the provisions of those bonds, contracts, leases, indentures, and other transactions.

Section 115. References.
Unless inconsistent with this Plan, whenever an agency existing before the effective date of the provision of this Plan affecting that agency is referred to by any law, contract, or other document, that reference applies to the department to which the respective functions are transferred by this Plan.

Section 116. Compensation of Department Heads and Commis sioners.
The heads of departments continued by this Plan shall be compen sated as presently provided by law. The compensation of the heads of departments created by this Plan shall be determined by the General Assembly. Compensation for unclassified positions within any agency created by this Plan shall be established by the official in charge of the agency.

Section 117. Agencies--Continuation.
Any existing agency not provided for in this Plan but established or created by the General Assembly shall continue to exercise all of its functions.

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;

Section 118. Chairman of Boards.

Unless otherwise provided by law, the chairman of a policy board shall be appointed by the Governor.

1

Section 119. Federal Aid.

Whenever an agency or function is transferred, the resulting agen

cy performing the transferred function shall be construed as a con

tinuation of the original agency for the purposes of federal aid, and

:'

may continue to receive any such funds to carry out or perform such

functions.

CHAPTER 2. GOVERNOR

;v Section 201. The Governor--Continued.

''-''

The Governor, provided for in Article V, Section I, Paragraph I

*''

of the Constitution, and his functions, and the functions of his office,

are continued except those functions relating to the Bureau of State

Planning and Community Affairs and the Budget Bureau which are

:

transferred to the Office of Planning and Budget, the Department of

Industry and Trade, and the Department of Human Resources in

Chapters 2, 7, and 12 respectively of this Plan, the State Library which

is transferred to the Department of Law in Chapter 14, and the Di-

;

vision of Conservation and the Commissioner of Conservation which are

'

transferred to the Department of Natural Resources in Chapter 15 of

this Plan.

Section 202. Office of Planning and Budget--Created.

There is created in the office of the Governor an Office of Planning

and Budget. This Office shall have a director whose title shall be

1

Director of the Office of Planning and Budget. The Director shall be

responsible for management of the Office and exercise supervision and

control over the Office. The Director shall be appointed by and serve

at the pleasure of the Governor.

Section 203. State Planning and Community Affairs Policy Board--Functions Transferred.

All of the functions of the State Planning and Community Affairs

;

Policy Board, created in Ga. Laws 1970, p. 321 (Ga. Code Ann 40-2909),

are transferred as provided in Section 205 of this Plan.

Section 204. State Planning and Community Affairs Officer-- Functions Transferred.

All the functions of the State Planning and Community Affairs

;

Officer, created in Ga. Laws 1970, p. 321 (Ga. Code Ann. 40-2909),

are transferred to the Director of the Office of Planning and Budget

created in this Chapter. Unless inconsistent with this Plan, any ref-

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103

erence in Ga. Laws to the State Planning and Community Affairs Of ficer means the Director of the Office of Planning and Budget.

Section 205, Bureau of State Planning and Community Affairs-- Functions Transferred.

(a) All of the functions of the Bureau of State Planning and Community Affairs, set forth in Ga. Laws 1967, p. 252, (Act No. 123),
Sections 5 and 6 are transferred to the Department of Industry and Trade. All other functions of the Bureau of State Planning and Com munity Affairs, set forth in Ga. Laws 1967, p. 252, are transferred to the Office of Planning and Budget unless otherwise inconsistent with this Plan.

(b) All functions of the Bureau of State Planning and Com munity Affairs, set forth in Ga. Laws 1970, pp. 321-332, (Act No. 1066), Sections 4f, 6, 8b, 9, lOa and lOc are transferred to the Office of Planning and Budget. All functions set forth in Sections 2, 3b, 3c, 4a, 4b, 4c, 4e and 7 of Ga. Laws 1970, pp. 321-332 are abolished. All other functions, set forth in Ga. Laws 1970, pp. 321-332, except those provided in Section lOe, transferred to the Department of Human Resources in
Section 1211 of this Plan, and Sections 3a, 11, and 12 are transferred to the Department of Industry and Trade. The functions set forth in Sections 3a, 11 and 12 of said statute are transferred to the Board of Commissioners of the Department of Industry and Trade.

Section 206. Budget Bureau--Functions Transferred,
All of the functions of the Budget Bureau and the State Budget Officer established in the office of the Governor, Ga. Laws 1962, p. 17, as amended (Ga, Code Ann 40-401 et seq.), are transferred to the Office of Planning and Budget and the Director of the Office of Plan ning and Budget, respectively. Unless inconsistent with this Plan, any reference in Georgia laws to the Budget Bureau and the State Budget Officer means the Office of Planning and Budget and the Director of the Office of Planning and Budget, respectively.

Section 207. Georgia Commission on Arts--Transferred.
All of the functions of the Georgia Commission on the Arts, created in Ga. Laws 1968, p. 1235 (Ga. Code Ann. Ch. 40-26), are transferred to the Office of Planning and Budget. The Governor shall appoint such ad visory councils on the Arts as he deems necessary and appropriate. Un less inconsistent with this Plan, any reference in Georgia Laws to the Georgia Commission on the Arts means the Office of Planning and Budget created in this Chapter.

Section 208. Georgia Science and Technology Commission--Trans ferred.
All of the functions of the Georgia Science and Technology Com mission, created in Ga. Laws 1964, p. 717, as amended (Ga. Code Ann. 43-1001 et al.), are transferred to the Office of Planning and Budget.

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Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Science and Technology Commission means the Office of Planning and Budget created in this Chapter.

Section 209. Institute for Research in Bio-Technology--Abolished.

The Institute for Research in Bio-Technology, created in Ga. Laws 1960, p. 987 (Ga. Code Ann. 43-1008), and its functions are abolished.

CHAPTER 3. LIEUTENANT GOVERNOR
Section 301. The Lieutenant Governor--Continued.
The Lieutenant Governor, provided for in Article V, Section I, Paragraph VII of the Constitution, and his functions are continued.

CHAPTER 4. DEPARTMENT OP ADMINISTRATIVE SERVICES
Section 401. Department of Administrative Services--Created; Head.
There is created a Department of Administrative Services. The department head is the Commissioner. The Commissioner shall be ap pointed by the Governor by and with the advice and consent of the Senate. The Commissioner shall serve at the pleasure of the Governor.
Section 402. Supervisor of Purchases--Functions Transferred.
All of the functions of the Office of Supervisor of Purchases and the Supervisor of Purchases, created by Ga. Laws 1931, p. 7, as amended (Ga. Code Ann. Ch. 40-19), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Office of Supervisor of Purchases or the Supervisor of Purchases means the Department of Administrative Services.
Section 403. Air Transportation--Functions Transferred.
All of the functions of the State Department of Air Transportation and the State Board of Air Transportation, created by Ga. Laws 1968, p. 130 (Ga. Code Ann. Ch. 40-30), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Department of Air Transportation or the State Board of Air Transportation means the Department of Administrative Services.
Section 404. State Communications Committee--Functions Trans ferred.
All of the functions of the State Communications Committee, created by Ga. Laws 1969, p. 616, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Communications Committee means the Department of Administrative Services.

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Section 405. Advisory Council on Georgia Government Documents-- Functions Transferred.

All of the functions of the Advisory Council on Georgia Govern ment Documents, created by Ga. Laws 1971, p. 216, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Advisory Council on Georgia Government Docu ments means the Department of Administrative Services.

Deleted Pursuant to Objection of State School Superintendent.

Section 407. Highway Department--Functions Transferred.
The self-insurance Workmen's Compensation functions of the State Highway Department of Georgia, provided for in Ga. Laws 1969, p. 234 (Ga. Code Ann. 89-926), are transferred to the Department.

Section 408. Additional Functions Transferred.
The Governor shall have the authority to transfer the printing, duplication, reproduction, and copying functions of all State agencies to the Department. This Section shall be implemented by Executive Order of the Governor, and he shall have the authority to implement this Section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transr fer, the Governor shall consult with the head of the department affected and shall insure that such transfer shall not interrupt such depart ment's services.

Section 409. Additional Functions Transferred.
The Governor shall have the authority to transfer the electronic data processing and electronic computer service functions of all State agencies to the Department. This Section shall be implemented by Executive Order of the Governor, and he shall have the authority to implement this Section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transfer, the Governor shall consult with the head of the de partment affected and shall insure that such transfer shall not interrupt such department's services.

Section 410. State Treasurer--Functions Transferred.
The functions of the State Treasurer and the Treasury Department relating to payment of salaries and expenses to Judges, provided for in Ga. Laws 1945, p. 1199, as amended (Ga. Code Ann. 24-2606.1), Ga. Laws 1969, p. 113 (Ga. Code Ann. 24-2606.2), and District Attorneys, provided for in Ga. Laws 1966, p. 438, as amended (Ga. Code Ann. 24-2904.1), Ga. Laws 1968, p. 992, as amended (Ga. Code Ann. 24-2922, et al.), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Treasurer or the Treaury Department relating to the functions transferred to the

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Department in this Section means the Department of Administrative Services.

Deleted Pursuant to Objection of State Treasurer.

Section 412. Secretary of State--Functions Transferred.
The functions of the Secretary of State, provided for in Ga. Laws 1970, p. 672 (Ga. Code Ann. Ch. 91-4A), relating to inventory of real property and requirements relating to the acquisition or disposition of real property, except the function of filing and retaining conveyances and plats, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Secretary of State relating to the functions transferred to the Department in this Section means the Department of Administrative Services.

Section 413. State Properties Control Commission--Continued; Assigned.
The State Properties Control Commission, created by Ga. Laws 1964, p. 146, as amended (Ga. Code Ann. Ch. 91-1A), and its functions are continued. The State Properties Control Commission is assigned to the Department for administrative purposes only as prescribed in Sec tion 105 of this Plan.

Section 414. State Properties Acquisition Commission--Functions Transferred.
All of the functions of the State Properties Acquisition Commis sion, created by Ga. Laws 1965, p. 396 (Ga. Code Ann. Ch. 36-1 A), are transferred to the State Properties Control Commission. Unless in consistent with this Plan, any reference in Georgia Laws to the State Properties Acquisition Commission means the State Properties Control Commission.

Section 415. Mineral Leasing Commission--Functions Transferred.
All of the functions of the Mineral Leasing Commission, created by Ga. Laws 1945, p. 352, as amended (Ga. Code Ann. 91-118), are trans ferred to the State Properties Control Commission. Unless inconsistent with this Plan any reference in Georgia Laws to the Mineral Leasing Commission means the State Properties Control Commission.

Section 416. Employees Retirement System of Georgia--Continued; Assigned.
The Employees Retirement System of Georgia, created by Ga. Laws 1949, p. 138, as amended (Ga. Code Ann. Ch. 40-25), and its functions are continued. The System is assigned to the Department for adminis trative purposes only as prescribed in Section 105 of this Plan.

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Section 417. Teachers Retirement System of Georgia--Continued; Assigned.

The Teachers Retirement System of Georgia, created by Ga. Laws 1943, p. 640, as amended (Ga. Code Ann. Ch. 32-29), and its functions are continued. The System is assigned to the Department for adminis trative purposes only as prescribed in Section 105 of this Plan.

Section 418. State Depository Board--Continued; Assigned.

The State Depository Board created by Ga. Laws 1949, p. 13, as amended (Ga. Code Ann. Ch. 100-1), and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 419. Georgia Education Authority (University)--Con tinued; Assigned.

The Georgia Education Authority (University), created by Ga. Laws 1949, p. 1009, as amended (Ga. Code Ann. Ch. 32-1 A), and its functions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 420. Georgia Education Authority (Schools)--Continued; Assigned.

The Georgia Education Authority (Schools), created by Ga. Laws 1951, p. 241, as amended (Ga. Code Ann. Ch. 32-14A), and its functions are continued. The Authority is assigned to the Department for ad ministrative purposes only as prescribed in Section 105 of this Plan.

Section 421. Georgia Building Authority--Continued; Assigned.

The Georgia Building Authority, created by Ga. Laws 1951, p. 699, as amended (Ga. Code Ann. Ch. 91-5A), and its functions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 422. Georgia Building Authority (Hospital)--Continued; Assigned.
The Georgia Building Authority (Hospital), created by Ga. Laws 1939, p. 144, as amended (Ga. Code Ann. Ch. 99-14), and its functions are continued. The Authority is assigned to the Department for Ad ministrative purposes only as prescribed in Section 105 of this Plan.

Section 423. Georgia Building Authority (Markets)--Continued; Assigned.
The Georgia Building Authority (Markets), created by Ga. Laws 1955, p. 224, as amended (Ga. Code Ann. Ch. 65-3), and its functions

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are continued. The Authority is assigned to the Department for ad ministrative purposes only as prescribed in Section 105 of this Plan.

Section 424. Georgia Building Authority (Penal)--Continued; Assigned.
The Georgia Building Authority (Penal), created by Ga. Laws 1960, p. 892, as amended (Ga. Code Ann. Ch. 77-10), and its functions are continued. The Authority is assigned to the Department for admin istrative purposes only as prescribed in Section 105 of this Plan.

Section 425. Bond Indebtedness.

Nothing in this Plan shall affect in any way the obligations of any authorities with respect to their bond indebtedness.

Section 426. State Personnel Board--Continued; Assigned.

The State Personnel Board, provided for in Article XIV, Section 1, Paragraph I of the Constitution and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 427. Personnel Division--Created; Merit System Director-- Continued.
There is created within the Department a Personnel Division. The Merit System Director, who shall be the Director of the Personnel Di vision, and his functions are continued and transferred to the Depart ment. The Director shall be appointed by the State Personnel Board sub ject to the approval of the Commissioner of the Department. The posi tion of Director of the Personnel Division shall be included in the clas sified service.
Section 428. State Merit System--Functions Transferred.

All of the functions of the Merit System of Personnel Administra tion, provided for in Ga. Laws 1943, p. 171 (Ga. Code Ann. Ch. 40-22), as amended by Ga. Laws 1971, p. 45, except the functions transferred to the Department in Section 427, are transferred to the Personnel Di
vision of the Department. Unless inconsistent with this Plan, any ref erence in Georgia Laws to the Merit System of Personnel Administra tion means the Personnel Division created in this Chapter.

Section 429. Refunding Bond Commission--Abolished.

The Refunding Bond Commission, created by Ga. Laws 1947, p. 504 (Ga. Code Ann. Ch. 87-5A), is abolished.

Section 430. Georgia Real Estate Investment Board--Abolished.

The Georgia Real Estate Investment Board, created in Ga. Laws 1963, p. 34 (Ga. Code Ann. Ch. 40-28), is abolished. Prior to the effec
tive date of this abolishment, the Board shall refund all escrow de-

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posits retained by the Board to the proper loan applicants. All fund balances remaining after the refunds referred to herein shall be trans ferred to the General Treasury.

CHAPTER 5. DEPARTMENT OF AGRICULTURE
Section 501. Department of Agriculture--Continued; Head.
The Department of Agriculture, created by Ga. Laws 1874, p. 5, as amended (Ga. Code Ann. 5-101), and its functions are continued. The department head is the Commissioner of Agriculture.
Section 502. Livestock and Poultry Disease Control Board--Func tions Transferred.
All of the functions of the Livestock and Poultry Disease Control Board, created by Ga. Laws 1956, p. 247, as amended (Ga. Code Ann. Ch. 62-18), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Livestock and Poul try Disease Control Board means the Department of Agriculture.
Section 503. Seed Advisory Committee--Functions Transferred.
All of the functions of the Seed Advisory Committee, created by Ga. Laws 1956, p. 217 (Ga. Code Ann. 5-2410), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Seed Advisory Committee means the Department of Agri culture.
Section 504. Department of Public Health--Functions Transferred.
The functions of the Department of Public Health relating to ar ticles of bedding, provided for by Ga. Laws 1964, p. 499, 552, et al., as amended (Ga. Code Ann. Ch. 88-8), are transferred to the Depart ment. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred to the Department in this Section means the Department of Agriculture.
Section 505. Department of Revenue--Functions Transferred.
The motor fuel testing and pump calibration functions of the De partment of Revenue, provided for in Ga. Laws 1927, p. 279, as amended (Ga. Code Ann. 73-220), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the func tions transferred to the Department in this Section means the Depart ment of Agriculture.
Section 506. State Oil Chemist--Functions Transferred.
The State Oil Chemist, provided for by Ga. Laws 1927, p. 279, as amended (Ga. Code Ann. Ch. 73-2), and his functions are transferred to the Department. Unless inconsistent with this Plan, any reference

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in Georgia Laws to the positions and functions transferred to the De partment in this Section means the Department of Agriculture.

Section 507. Department of Revenue--Functions Transferred.

The Inspectors of the Department of Agriculture, in the regular course of their duties, shall verify that each facility they inspect has proper state licenses for the sale of cigarettes, malt beverages, and wine. Should any facility not have such State licenses as required by law, the Commissioner of Revenue shall be notified of such fact im mediately so that he can take such action as required by law.

Section 508. Department of Public Health--Functions Transferred.

The functions of the Department of Public Health relating to regu lation of canning factories and shucking plants, provided for in Ga. Laws 1955, p. 483 (Ga. Code Ann. 45-931), are transferred to the De partment. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred to the Department in this Section means the Department of Agriculture.

Section 509. Georgia Seed Development Commission--Continued-, Assigned.

The Georgia Seed Development Commission, created by Ga. Laws 1959, p. 83 (Ga. Code Ann. Ch. 5-27), is continued. The Commission is assigned to the Department for administrative purposes only as pre scribed in Section 105 of this Plan.

Section 510. Tobacco Advisory Board--Abolished.
The Tobacco Advisory Board, created by Ga. Laws 1955, p. 589 (Ga. Code Ann. 111-603-605), is abolished.

Section 511. Georgia Milk Commission--Abolished.
The Georgia Milk Commission, created by Ga. Laws 1937, p. 247, as amended (Ga. Code Ann. 42-525), is abolished.

Section 512. Commission on State Institutional Farms--Abolished.
The Commission on State Institutional Farms, created by Ga. Laws 1966, p. 734 (Ga. Code Ann. 5-2803), is abolished.

CHAPTER 6. DEPARTMENT OF AUDITS AND ACCOUNTS
Section 601. Department of Audits and Accounts and State Au ditor--Continued.
The Department of Audits and Accounts and the State Au ditor, created by the Ga. Laws 1923, Extra Session, page 7, as amended (Ga. Code Ann. Ch. 40-18), and their functions are continued.

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Section 602. Board of Equalization--Abolished.
The Board of Equalization, created by Ga. Laws 1970, p. 542, 548 (Ga. Code Ann. 92-7013), and its functions are abolished.

CHAPTER 7. DEPARTMENT OF INDUSTRY AND TRADE
Section 701. Department of Industry and Trade--Continued.
The Department of Industry and Trade created in Article V, Sec tion X, Paragraph I of the Constitution and its functions are con tinued, except those functions related to the Metropolitan Atlanta Rapid Transit Authority transferred to the Department of Transportation in Section 2106 of this Plan, and those functions related to aviation transferred to the Department of Transportation in Section 2105 of this Plan. The Director shall be the executive officer and administrative head as prescribed by the Constitution.
Section 702. Board of Commissioners of the Department of Industry and Trade--Continued.
The Board of Commissioners of the Department of Industry and Trade, created in Article V, Section X, Paragraph I of the Constitution, and its functions are continued except those functions transferred in Sections 2105 and 2106 of this Plan, and those functions added in Sec tion 205 of this Plan.
Section 703. Division of Community Affairs--Creation.
There is created a Division of Community Affairs in the Depart ment of Industry and Trade. There shall be a Director of the Division. The Director shall exercise supervision and control over all employees of the Division. The Director of the Division of Community Affairs shall be appointed by the Director of the Department of Industry and Trade.
Section 704. Division of Community Affairs--Functions Trans ferred.
All of the functions transferred from the Bureau of State Planning and Community Affairs by this Plan in Chapter 2 to the Department of Industry and Trade are assigned to the Division of Community Affairs.
Section 705. Other Functions Transferred.
The functions of the Ocean Science Center of the Atlantic Com mission, provided for in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. 43-1301 et al.), to promote participation in and arrange for the location of research and industrial activities are transferred to the Department of Industry and Trade.

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Section 706. Georgia Development Authority--Continued; As signed.

The Georgia Development Authority, created in Ga. Laws 1953, p. 337 as amended (Ga. Code Ann. 62-1502 et al.), is continued and the Authority and its units are assigned to the Department of Industry and Trade for administrative purposes only as prescribed in Section 105 of this Plan.

CHAPTER 8. COMPTROLLER GENERAL
Section 801. Comptroller General--Continued.
The Comptroller General of Georgia, provided for in Article V, Section II, Paragraph I of the Constitution, and his functions are continued.
Deleted pursuant to objection of Comptroller General.
Section 802. Additional Functions Transferred to Comptroller General.
The functions of the State Treasurer relating to deposits by Do mestic Life Insurers, set forth in Ga. Laws 1960, p. 289 (Ga. Code Ann. 56-1101), are transferred to the Comptroller General as In surance Commissioner of the State of Georgia.

CHAPTER 9. DEPARTMENT OF DEFENSE
Section 901. Department of Defense--Continued.
The Department of Defense, created in Ga. Laws 1955, pp. 10, 23 (Ga. Code Ann. 86-201), its present organization and its functions are continued.
Section 902. Adjutant General--Continued.
The Adjutant General shall continue to be the department head and shall continue to exercise all his functions as prescribed by law.

CHAPTER 10. DEPARTMENT OF EDUCATION
Section 1001. Department of Education--Continued; Head; Ad ministrative Officer; Functions.
(a) The State Department of Education, provided for in Article VIII, Section II, Paragraph I of the Constitution, is continued. The department head is the State Board of Education. The administrative officer of the Department is the State Superintendent of Schools.

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(b) The functions of the Department are continued, except the Vo cational Rehabilitation functions transferred to the Department of Human Resources in Chapter 12 of this Plan. Deleted. See Section 406.

Section 1002. State Board of Education--Continued.

The State Board of Education, provided for in Article VIII, Sec tion II, Paragraph I of the Constitution, and its functions are con tinued.

Section 1003. State Superintendent of Schools--Continued.

The State Superintendent of Schools, provided for in Article VII,
Section III, Paragraph I of the Constitution, and his functions are con tinued.

Section 1004. State Treasurer--Functions Transferred.

The functions of the State Treasurer and the Treasury Department relating to distribution of State funds under the Minimum Foundation Program of Education Act, provided for in Ga. Laws 1964, p. 3 (Ga. Code Ann. 32-647), are transferred to the Department. Unless incon sistent with this Plan, any reference in Georgia Laws to the State Treasurer or the Treasury Department relating to the functions trans
ferred to the Department in this Section means the State Department of Education.

Section 1005. Industry Services Advisory Committee--Functions Transferred.

All of the functions of the Industry Services Advisory Committee, created by Ga. Laws 1968, p. 1138 (Ga. Code Ann. Ch. 32-36), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Industry Services Advisory Com mittee means the State Department of Education.

Section 1006. State Teacher Scholarships--Continued; Assigned.
The State Teacher Scholarships, provided for in Article VII, Sec tion I, Paragraph II of the Constitution, are continued. The State Teacher Scholarships are assigned to the State Board of Education for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1007. Professional Practices Commission--Abolished.
The Professional Practices Commission, created by Ga. Laws 1967, p. 840, as amended (Ga. Code Ann. 32-839-842), is abolished.

Section 1008. Georgia Educational Improvement Council--Abol ished.
The Georgia Educational Improvement Council, created by Ga. Laws 1964, p. 711, as amended, is abolished.

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Section 1009. Fernbank Science Center Committee--Abolished.

The Fernbank Science Center Committee, created by Ga. Laws 1970, p. 747, is abolished.

CHAPTER 11. DEPARTMENT OF FINANCIAL REGULATION
Section 1101. Department of Financial Regulation--Created.
There is created a Department of Financial Regulation. The de partment head is a Commissioner who shall exercise supervision and control over all divisions and employees of the Department of Financial Regulation.
Section 1102. Commissioner--Term of Office.
The Commissioner shall be appointed by the Governor for a fouryear term. The initial term of the Commissioner shall terminate on January 20, 1976. Each succeeding term of office shall be for four years commencing on the expiration date of the previous term.
Section 1103. Department of Banking and Superintendent of Banks--Functions Transferred.
All of the functions of the Department of Banking, and the position of Superintendent of Banks, created in Ga. Laws 1919, p. 135, as amended (Ga. Code Ann. 13-301 et al.), including the regulation of credit unions, are transferred to the Department of Financial Regula tion. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Banking or the Superintendent of Banks means the Department of Financial Regulation.
Section 1104. Regulation of State Building and Loan Associations-- Functions Transferred.
All functions of the Secretary of State of Georgia relating to StateBuilding and Loan Associations, Georgia Laws 1937-38, Extra Session, p. 307, as amended (Ga. Code Ann. 16-401 et al.), or any other func tions related to the regulation of State Building and Loan Associa tions or State Savings and Loan Associations are transferred to the Department of Financial Regulation. The Commissioner of the Depart ment of Financial Regulation is hereby designated the Georgia Building and Loan Commissioner.
Deleted pursuant to objection of Comptroller General.
Section 1106. Functions Retained.
Nothing in this Plan shall divest the Secretary of State of any existing functions related to the chartering or liquidation of any bank, credit union, State building and loan association, State savings and loan association, or corporation.

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CHAPTER 12. DEPARTMENT OF HUMAN RESOURCES

Section 1201. Department of Human Resources--Created.

There is created a Department of Human Resources.

Section 1202. Board of Human Resources--Created; Chairman-- Designation.
There is created a Board of Human Resources which shall estab lish the general policy to be followed by the Department. The Board shall consist of nine members who are appointed by the Governor by and with the advice and consent of the Senate. The members of the Board, insofar as practical, shall be drawn from all sections of the State. Eight members of the Board shall be appointed for staggered terms of four years, provided, however, the Governor shall designate the initial terms of these eight members of the Board as follows: two members shall be appointed for terms ending on January 20, 1973; two members shall be appointed for terms ending on January 20, 1974; two members shall be appointed for terms ending on January 20, 1975; and two members shall be appointed for terms ending on January 20, 1976. Thereafter, all terms of all successors to these eight members, except in the case of appointments to fill vacancies, shall be four years dating from January 20 of the beginning year of such term. The ninth member of the Board shall serve at the pleasure of the Governor. Not more than three members of the Board shall represent the medical pro fession, and at least two of these members shall be licensed to practice medicine pursuant to Ga. Laws 1913, p. 101, as amended (Ga. Code Ann. Ch. 84-9). Vacancies in office shall be filled by appointment of the Governor and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appoint ment to fill a vacancy shall be for the balance of the unexpired term. There shall be a Chairman of the Board, designated by the Governor, who shall be the presiding officer of the Board.

Section 1203. Commissioner of Human Resources--Created.
There is created the position of Commissioner of Human Re sources. The Commissioner shall be the chief administrative officer and be both appointed and removed by the Board of Human Resources subject to the approval of the Governor. Subject to the general policy established by the Board, the Commissioner shall supervise, direct, ac count for, organize, plan, administer, and execute the functions vested in the Department by this Plan.

Section 1204. State Department of Family and Children Services-- Functions Transferred to Department.
All of the functions of the State Department of Family and Chil dren Services, created in Ga. Laws 1937, p. 355, as amended (Ga. Code Ann. 99-103), and of its units, except those functions transferred in Section 2402 of this Plan, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Department of Family and Children Services means the Department of Human Resources.

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Section 1205. State Board for Children and Youth--Functions Transferred.
All of the functions of the State Board for Children and Youth, created in Ga. Laws 1963, p. 81 (Ga. Code Ann. 99-204(a)), except for the policy-making functions transferred to the Board of Human Resources in Section 1212 of this Plan, are transferred to the Depart ment. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board for Children and Youth, except references to its policy-making functions, means the Department of Human Resources.

Section 1206. Department of Public Health and Board of Health-- Functions Transferred.
All of the functions of the Department of Public Health and the Board of Health, created in Ga. Laws 1964, p. 499 et sea., as amended (Ga. Code Ann. 88-102 & 103), and their units, except those functions enumerated in Sections 1206.1 through 1206.8, are transferred to the Department of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Public Health and the Board of Health relating to the functions transferred in this Sec tion means the Department of Human Resources.

Section 1206.1. Additional Functions Transferred.
The policy-making functions of the Board of Health are transferred to the Board of Human Resources in Section 1213 of this Plan.

Section 1206.2. Additional Functions Transferred.
The functions with respect to the Division for Georgia Water Quality Control and the State Water Quality Control Board, created in Ga. Laws 1964, p. 416, as amended (Ga. Code Ann. 17-504), are trans ferred to the Department of Natural Resources in Section 1520 of this Plan.

Section 1206.3. Additional Functions Transferred.
The functions with respect to Air Quality Control, contained in Ga. Laws 1967, p. 581 as amended (Ga. Code Ann. 88-901), are trans ferred to the Department of Natural Resources in Section 1533 of this Plan.

Section 1206.4. Additional Functions Transferred.

The functions with respect to Water Supply Quality Control, con tained in Ga. Laws 1964, p. 499 (Ga. Code Ann. Ch. 88-26), are trans ferred to the Department of Natural Resources in Section 1534 of this Plan.

Section 1206.5. Additional Functions Transferred.
The functions with respect to oyster bed inspection, contained in Ga. Laws 1955, pp. 483, 540 (Ga. Code Ann. 45-926), are transferred to the Department of Natural Resources in Section 1532 of this Plan.

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Section 1206.6. Additional Functions Transferred.

The functions of the Department of Public Health with respect
to Solid Waste Management are transferred to the Department of Natural Resources in Section 1535 of this Plan.

Section 1206.7. Additional Functions Transferred.
The functions with respect to regulation of articles of bedding, contained in Ga. Laws 1964, p. 499, 552, et al., as amended (Ga. Code Ann. 88-801 et seq.), are transferred to the Department of Agri culture in Section 504 of this Plan.
Section 1206.8. Additional Functions Transferred.
The functions with respect to regulation of canning factories and shucking plants, contained in Ga. Laws 1955, pp. 483, 542 (Section 114) (Ga. Code Ann. 45-931), are transferred to the Department of Agriculture in Section 508 of this Plan.

Section 1207. Division of Vocational Rehabilitation--Functions Transferred.

All of the functions of the Division of Vocational Rehabilitation, established in the State Board of Education by Georgia Laws 1951, p. 516, as amended (Ga. Code Ann. 32-2302), are transferred to the Department of Human Resources. The official of the Department of Human Resources who is charged with the administration of the func
tions transferred to the Department in this Section shall be included in the classified service. He shall possess those qualifications cur rently provided by law with respect to the Director of the Division of Vocational Rehabilitation. Unless inconsistent with this Plan, any reference in Georgia Laws to the Division of Vocational Rehabilitation means the Department of Human Resources.

Section 1208. State Board of Probation--Functions Transferred.
All of the functions of the State Board of Probation, created in Ga. Laws 1956, p. 27, as amended (Ga. Code Ann. 27-2703), except the policy-making functions transferred to the Board of Human Re sources in Section 1215 of this Plan, are transferred to the Department of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Probation means the Depart ment of Human Resources. Nothing in this Plan shall alter the rela tionship between judges and probation supervisors prescribed in the Statewide Probation Act. Ga. Laws 1956, pp. 27, 28 et seq. (Ga. Code Ann. 27-2702 et seq.)

Section 1209. State Commission on Aging--Functions Transferred to Department.
All of the functions of the State Commission on Aging, created in Ga. Laws 1962, p. 604 (Ga. Code Ann. 99-2602), except the policy-

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making functions transferred to the Board of Human Resources in Section 1217 of this Plan, are transferred to the Department of Human Resources. Unless inconsistent with this Plan any reference in Georgia
Laws to the State Commission on Aging means the Department of Human Resources.

Section 1210. State Board of Pardons and Paroles--Functions Transferred.

All of the functions of the State Board of Pardons and Paroles,
contained in Ga. Laws 1943, p. 185, as amended (Ga. Code Ann. 77-501), except its quasi-judicial functions contained in the Constitu tion which are continued in Section 1218 of this Plan, and its policymaking functions transferred to the Board of Human Resources in
1216 of this Plan, are transferred to the Department of Human Re
sources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Pardons and Paroles except references re
lating to its quasi-judicial functions or its policy-making functions means the Department of Human Resources.

Section 1211. Additional Functions Transferred to Department.
The functions of the Bureau of State Planning and Community Affairs with respect to housing, contained in Ga. Laws 1970, pp. 321, 327, Section lOe, (Ga. Code Ann. 40-2916 (c) ), are transferred to the Department of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Bureau of State Planning and Community Affairs with respect to its housing functions means the Department of Human Resources.
Section 1212. State Board for Children and Youth--Functions Transferred to Board.
The policy-making functions of the State Board for Children and Youth, contained in Ga. Laws 1963, p. 81 (Ga. Code Ann. 99-206(a) ), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Board for Chil dren and Youth with respect to its policy-making functions means the Board of Human Resources.

Section 1213. Board of Health--Functions Transferred to Board.
The policy-making functions of the Board of Health, created in Ga, Laws 1964, p. 499 (Ga. Code Ann. 88-103), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Board of Health with respect to its policy-making functions means the Board of Human Resources.

Section 1214. State Board of Education--Functions Transferred to Board.
The policy-making functions of the State Board of Education and its executive officer pertaining to the Division of Vocational Rehabili-

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tation, contained in Ga. Laws 1951, p. 516 et seq., as amended (Ga, Code Ann. 32-2302 et seq.), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia
Laws to the State Board of Education or to the same body designated as the State Board of Vocational Education pertaining to policy-mak ing functions with respect to the Division of Vocational Rehabilitation means the Board of Human Resources.

Section 1215. State Board of Probation--Functions Transferred to Board.

The policy-making functions of the State Board of Probation, cre ated by Ga. Laws 1956, p. 27 (Ga. Code Ann. 27-2702), are trans ferred to the Board of Human Resources. Unless inconsistent with this
Plan, any reference in Georgia Laws to the State Board of Probation pertaining to its policy-making functions means the Board of Human Resources.

Section 1216. State Board of Pardons and Paroles--Functions Transferred to Board.

The functions of the State Board of Pardons and Paroles with respect to policy-making, provided for in Ga. Laws 1943, p. 185, as amended (Ga. Code Ann. 77-501 et seq.), not to include the quasi-
judicial functions continued in the Board in Section 1218 are trans ferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Pardons and Paroles pertaining to its policy-making functions means the Board
of Human Resources.

Section 1217. Commission on Aging--Functions Transferred to Board.

The policy-making functions of the Commission on Aging, cre ated in Ga. Laws 1962, p. 604 (Ga. Code Ann. 99-2602), are trans ferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Commission on Aging per taining to its policy-making functions means the Board of Human Resources.

Section.,1218. State Board of Pardons and Paroles--Continued; Assigned.

The State Board of Pardons and Paroles and its quasi-judicial functions, provided for in Article V, Section 1, Paragraph XI of the Constitution, are continued. The Board is assigned to the Depart ment of Human Resources for administrative purposes only as pre scribed in Section 105 of this Plan. In addition to the salary provided by the Constitution and notwithstanding any other provision of the Plan, the members of the Board of Pardons and Paroles shall continue to receive the amount specified in Ga. Laws 1956, p. 27, as amended (Ga. Code Ann. 27-2703), as supplementary compensation and, in lieu of performing duties with respect to the State Probation System, shall perform such other duties as shall be provided by law.

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Section 1219. State Board of Corrections--Continued; Assigned.

The State Board of Corrections and its functions with respect to state penal institutions, provided for in Atricle V, Section V, Para graph I of the Constitution, are continued. The Board is assigned to the Department of Human Resources for administrative purposes as prescribed in Section 105 of this Plan.
Section 1220. Hospital Advisory Council for Construction and Licensure--Continued; Assigned.
The Hospital Advisory Council for Construction and Licensure, created in Ga, Laws 1968, p. 1421, (Ga. Code Ann. 88-2201), is con tinued, and the Council is assigned to the Department of Human Re sources for administrative purposes as prescribed in Section 105 of this Plan.
Section 1221. Commission on the Status of Women--Continued; Assigned.
The Commission on the Status of Women, created in Ga. Laws 1966, p. 605 is continued, and the Commission is assigned to the Department of Human Resources for administrative purposes only as prescribed in Section 105 of this Plan.
Section 1222. Drug and Alcohol Programs.
All programs conducted by State agencies with respect to drug and alcohol abuse, except the regulation of the sale or dispensation of drugs or related products by the State Board of Pharmacy pursuant to Georgia Laws, and the investigation of criminal conduct pertaining to illegal drugs transferred to the Department of Public Safety in Section 1606 of this Plan, shall be conducted and coordinated by the Department of Human Resources.
Section 1223. Council on Aging--Creation.
There is created a Council on Aging within the Department.

Section.,1224. Georgia Factory for the Blind--Continued; Trans ferred.
The Georgia Factory for the Blind, created in Ga. Laws 1937, p. 579, as amended (Ga. Code Ann. 99-801), is continued and is trans ferred to the Department of Human Resources created in this Chap ter.

Section 1225. Additional Functions Transferred.
All of the functions of the Radiation Control Council, created in Ga. Laws 1964, p. 499, 568, as amended (Ga. Code Ann. 88-1305), are transferred to the Department of Human Resources.

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Section 1226. State Board of Family and Children Services-- Abolished.
The State Board of Family and Children Services, provided for in Ga. Laws 1937, p. 355, as amended (Ga. Code Ann. 99-104-106), is abolished.

Section 1227. Food Service Advisory Council--Abolished.
The Food Service Advisory Council, created in Ga. Laws 1964, pp. 499, 560, as amended (Ga. Code Ann. 88-1005), is abolished.

Section 1228. Georgia Youth Council--Abolished.
The Georgia Youth Council, created in Ga. Laws 1966, p. 601, is abolished.

CHAPTER 13. DEPARTMENT OF LABOR
Section 1301. Department of Labor--Continued.
The Department of Labor, created by Ga. Laws 1937, p. 230 (Ga. Code Ann. 54-102), and its functions are continued. Deleted see Section 1303. The Commissioner of Labor, provided for in Article V, Section II, Paragraph 1 of the Constitution, shall continue to be the department head and exercise those functions assigned to him by law except those transferred in this Plan.
Section 1301a. State Board of Workmen's Compensation--Con tinued.
The State Board of Workmen's Compensation, created in Ga. Laws 1943, p. 167, as amended (Ga. Code Ann. 54-108), and its functions are continued.
Section 1302. Director of Administration--Created.
There is created the position of Director of Administration under the State Board of Workmen's Compensation who shall be responsible for handling the administrative functions of the agency. He shall be both appointed and removed by the State Board of Workmen's Com pensation subject to the approval of the Governor.
Deleted pursuant to objection of Commissioner of Labor.

CHAPTER 14. DEPARTMENT OF LAW
Section 1401. Department of Law--Continued; Head.
The Department of Law, created in Georgia Laws 1943, p. 284, as amended (Ga. Code Ann. 46-1612), and its functions are continued. The Attorney General as provided by the Constitution, Article V, Sec-

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tion II, Paragraph I, is the department head and shall exercise those functions authorized by law.

Section 1402. State Library--Transferred.
The State Library, created in Ga. Laws 1947, p. 1166 (Ga. Code Ann. 101-101), is continued and transferred to the Department of Law. The State Library shall be under the direction and supervision of the Attorney General.

Section 1403. State Literature Commission--Functions Transferred.
All of the functions of the State Literature Commission, created in Ga. Laws 1953, Jan.-Feb. Session, p. 135, as amended (Ga. Code Ann. Ch. 40-31), are transferred to the Department of Law. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Literature Commission means the Department of Law.

CHAPTER 15. DEPARTMENT OF NATURAL RESOURCES
Section 1501. Department of Natural Resources--Created; Head.
(a) There is created a Department of Natural Resources.
(b) There is created the position of Commissioner of Natural Re sources. The Commissioner shall be both appointed and removed by the State Game and Fish Commission subject to approval of the Gov ernor. Subject to the General policy established by the State Game and Fish Commission, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the De partment of Natural Resources by this Plan.
Section 1502. Department of Mines--Functions Transferred.
All of the functions of the Department of Mines, Mining, and Geology, created in Ga. Laws 1937, p. 264, as amended (Ga. Code Ann. 43-117), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Geor gia Laws to the Department of Mines, Mining, and Geology means the Department of Natural Resources.
Section 1503. State Forestry Commission--Functions Transferred.
All of the functions of the State Forestry Commission, created in Ga. Laws 1955, p. 309, as amended (Ga. Code Ann. 43-201 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Forestry Commission means the Department of Natural Resources.

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Section 1504. Department of State Parks--Functions Transferred.

All of the functions of the Department of State Parks, Historic Sites, and Monuments, created in Ga. Laws 1937, p. 264, as amended (Ga. Code Ann. 43-120 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Parks, Historic Sites, and Monuments means the Department of Natural Resources.

Section 1505. State Division of Conservation--Functions Trans ferred.

All of the functions of the State Division of Conservation and of the Commissioner of Conservation, created in Ga. Laws 1943, p. 180, as amended (Ga. Code Ann. 43-101 et al.), are transferred to the De partment of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Division of Conservation or the Commissioner of Conservation means the Department of Natural Resources.

Section 1506. Chattahoochee River Basin Commission--Functions Transferred.

All of the functions of the Georgia Commission for the Development of the Chattahoochee River Basin, created in Ga. Laws, 1967, p. 805, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Commission for the Development of the Chattahoochee River Basin means the Department of Natural Resources.

Section 1507. Altamaha River Basin Commission; Functions Trans ferred.
All of the functions of the Altamaha River Basin Commission, created in Ga. Laws 1970, p. 632, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Altamaha River Basin Commis sion means the Department of Natural Resources.

Section 1508. Georgia Recreation Commission--Functions Trans ferred.
All of the functions of the Georgia Recreation Commission, cre ated in Ga. Laws 1963, p. 445, as amended (Ga. Code Ann. 99-2301 et al.), and its units are transferred to the Department of Natural Re sources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Recreation Commission means the Department of Natural Resources.

Section 1509. Franklin D. Roosevelt Warm Springs Memorial Foundation--Functions Transferred.
All of the functions of the Franklin D. Roosevelt Warm Springs Memorial Foundation, created in Ga. Laws 1946, p. 31, as amended (Ga.

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Code Ann. 40-2401 et al.), and its units are transferred to the De partment of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Franklin D. Roosevelt Warm Springs
Memorial Foundation means the Department of Natural Resources.

Section 1510. Ty Cohb Memorial Commission--Functions Trans ferred.
All of the functions of the Ty Cobb Baseball Memorial Commission, created in Ga. Laws 1962, p. 674, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Ty Cobb Baseball Memorial Commission means the Department of Natural Resources.

Section 1511. Surface Mined Land Use Board--Functions Trans ferred.
All of the functions of the Surface Mined Land Use Board, created in Ga. Laws 1968, p. 9, as amended (Ga. Code Ann. 43-1404), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Surface Mined Land Use Board means the Department of Natural Resources.
Section 1512. Coastal Marshlands--Functions Transferred.
All of the functions of the Coastal Marshlands Protection Agency, created in Ga. Laws 1970, p. 939 (Ga. Code Ann. 45-136), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Coastal Marshlands Protection Agency means the Department of Na tural Resources.
Section 1513. Georgia Natural Areas Council--Functions Trans ferred.
All of the functions of Georgia Natural Areas Council, created in Ga. Laws 1969, p. 750, as amended (Ga. Code Ann. 43-1203), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan any reference in Georgia Laws to the Georgia Natural Areas Council means the Department of Natural Resources.
Section 1514. Georgia Waterways Commission--Functions Trans ferred.
All of the functions of the Georgia Waterways Commission, created in Ga. Laws 1953, Nov.-Dec. Sess., p. 67 (Ga. Code Ann. 17-301), and its units are transferred to the Department of Natural Resources. Un less inconsistent with this Plan, any reference in Georgia Laws to the Georgia Waterways Commission means the Department of Natural Resources.

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Section 1515. Georgia Forest Research Council--Functions Trans ferred.

All of the functions of the Georgia Forest Research Council, cre ated in Ga. Laws 1953, Nov.-Dec. Sess., p. 45 (Ga. Code Ann. 43801), and its units are transferred to the Department of Natural Re sources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Forest Research Council means the Department of Natural Resources.

Section 1516. North Georgia Mountains Commission--Functions Transferred.

All of the functions of the North Georgia Mountains Commission, created in Ga. Laws 1968, p. 291 (Ga. Code Ann. 99-2701 et al.), and its units are transferred to the Department of Natural Resources. Un less inconsistent with this Plan, any reference in Georgia Laws to the North Georgia Mountains Commission means the Department of Natural Resources.

Section 1517. Lake Lanier Islands Development Commission--Func tions Transferred.

All of the functions of the Lake Lanier Islands Development Com mission, created in Ga. Laws 1969, p. 392, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this plan, any reference in Georgia Laws to the Lake Lanier Islands De velopment Commission means the Department of Natural Resources.

Section 1518. Citizens Environmental Council--Functions Trans ferred.

All of the functions of the Citizens Environmental Council, created in Ga. Laws 1971, p. 788, and its units are transferred to the Depart ment of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Citizens Environmental Council means the Department of Natural Resources.

Section 1519. Rivers and Harbors Development Commission-- Functions Transferred.

All of the functions of the Rivers and Harbors Development Com mission, created in Ga. Laws 1967, p. 516, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Rivers and Harbors De velopment Commission means the Department of Natural Resources.

Section 1520. State Water Quality Control Board, Division for Georgia Water Quality Control--Functions Transferred.
All of the functions of the State Water Quality Control Board and the Division for Georgia Water Quality Control, created in Ga. Laws 1964, p. 416, as amended (Ga. Code Ann. 17-504), are transferred to

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the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Public Health or the Board of Health relating to the functions transferred in this Section and in Sections 1532 through 1535 to the Department of Natural Resources means the Department of Natural Resources.

Section 1521. Ocean Science Center of the Atlantic--Functions Transferred.

All functions of the Ocean Science Center of the Atlantic Com mission, created in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. 43-1301, et al.), except those functions transferred in Sections 705 and 2303 of this Plan, are transferred to the Department of Natural Resources.

Section 1522. Soil and Water Conservation Committee--Continued; Assigned.

The Soil and Water Conservation Committee, created in Ga. Laws 1937, p. 377, as amended (Ga. Code Ann. 5-1807, et al.), is continued and is assigned to the Department of Natural Resources for admin istrative purposes only as prescribed in Section 105 of this Plan.

Section 1523. Jekyll Island State Park Authority--Continued; Assigned.

The Jekyll Island State Park Authority, created in Ga. Laws 1950, p. 152, as amended (Ga. Code Ann. 43-601a, et al.), and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1524. Stone Mountain Memorial Association--Continued; Assigned.

The Stone Mountain Memorial Association, created in Ga. Laws 1958, p. 61, as amended, and its functions are continued. The Associa tion is assigned to the Department of Natural Resources for Admin istrative purposes only as prescribed in Section 105 of this Plan.

Section 1525. Groveland Lake Development Authority--Continued; Assigned.

The Groveland Lake Development Authority, created in Ga. Laws 1969, p. 572, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1526. North Georgia Mountains Authority--Continued; Assigned.

The North Georgia Mountains Authority, created in Ga. Laws, 1968, p. 297, as amended (Ga. Code Ann. Ch. 99-32), and its func-

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127

tions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed by Section 105 of this Plan.

Section 1527. Lake Lanier Islands Development Authority--Con tinued; Assigned.
The Lake Lanier Islands Development Authority, created in Ga. Laws 1962, p. 736, as amended, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1528. Kinchafoonee Lake Authority--Continued; Assigned.
The Kinchafoonee Lake Authority, created in Ga. Laws 1970, p, 3379, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed by Section 105 of this Plan.

Section 1529. Bond Indebtedness.
Nothing in this Plan shall affect in any way the obligations of any authorities with respect to their bond indebtedness.

Section 1530. Herty Foundation--Functions Continued; Assigned.
The Herty Foundation, created in Ga. Laws 1937-38 Extra Sess. p. 191 (Ga. Code Ann. 43-501), and its functions are continued. The Foundation is assigned to the Department of Natural Resources for ad ministrative purposes only as prescribed in Section 105 of this Plan. The Herty Foundation shall continue to hire its own personnel as pres ently provided by law.

Section 1531. State Game and Fish Commission--Continued.
The State Game and Fish Commission, created in the Constitution, Article V, Section IV, Paragraph I, is continued and shall establish the general policies to be followed by the Department of Natural Re sources. The operational, field, and administrative functions of the State Game and Fish Commission, set forth in Ga. Laws 1955, p. 483, as amended (Ga. Code Ann. 45-103 et al.), are transferred to the Department of Natural Resources. The State Game and Fish Commis sion shall have all the policy-making functions previously granted by law to those agencies whose functions are transferred to the Depart ment of Natural Resources by this Plan.

Section 1532. Oyster Bed Inspection--Function Transferred.
All functions pertaining to oyster bed inspection, Ga. Laws 1955, p. 483 (Ga. Code Ann. 45-926 et al.), performed by the State Depart ment of Public Health are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred in this Section means the Department of Natural Resources.

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Section 1533. Air Quality Control--Functions Transferred.

All functions related to Air Quality Control, Ga. Laws 1967, p. 581, as amended (Ga. Code Ann. 88-903 et al.), performed by the Depart ment of Public Health and the Board of Health are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in the Georgia Laws to the functions transferred in this Section means the Department of Natural Resources.

Section 1534. Water Supply Quality Control--Functions Trans ferred.

All functions related to Water Supply Quality Control, Ga. Laws 1964, p. 499 (Ga. Code Ann. 88-2601 et al.), performed by the Depart ment of Public Health and the Board of Health are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred in this Section means the Department of Natural Resources.

Section 1535. Solid Waste Management--Functions Transferred.

All of the functions related to Solid Waste Management performed by the Department of Public Health and the Board of Health are trans ferred to the Department of Natural Resources.

Section 1536. Additional Functions.

The Commissioner of the Department of Natural Resources with the approval of the Governor is hereby authorized to implement the United States "Land and Water Conservation Fund Act of 1965," Pub. Law 88-578 (1965), and the Georgia "State Assistance Fund" as estab lished by the General Assembly of the State of Georgia, Ga. Laws 1969, p. 855, as amended, and shall have all powers, duties and authority of office as provided by the laws of Georgia.

Section 1537. Compact Representation--Designation.

The Commissioner or his designated representative shall represent the State in the Interstate Environmental Compact, Ga. Laws 1971, p. 194. The Commissioner or his designated representative shall be the Compact Administrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact, Ga. Laws 1953, Nov.-Dec. Section, p. 49. The Commissioner or his designated representative shall be a commissioner to the Atlantic States Marine Fisheries Commission, Ga. Laws 1955, p. 483.

Deleted pursuant to objection of Secretary of State.

Section 1539. Division of Environmental Protection--Created; Head; Functions Transferred.
There is created within the Department a Division of Environmental Protection. All of the functions transferred to the Department in Sec-

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129

tions 1520, 1533, 1534, and 1535 of this Plan and those functions of the Georgia Surface Mined Land Use Board, transferred to the Department in Section 1511 of this Plan, relating to strip mining are hereby assigned to the Division of Environmental Protection. The Division shall have a Director who shall be both appointed and removed by the State Game and Fish Commission with the approval of Commissioner of the Depart ment. The position of Director shall be included in the classified service. The Director of the Division shall be responsible for enforcing the en vironmental protection laws of Georgia, including those enumerated above and any others which may be assigned to the Division.

Section 1540. Committee Created.
There is created a committee to be composed of three members. The Commissioner of Natural Resources and the Director of the Division of Environmental Protection shall be members of this committee. The third member of the committee shall be selected by the State Game and Fish Commission. The committee shall grant, deny, or revoke all permits required pursuant to those functions transferred to the Department of Natural Resources in this Plan. Denial or revocation of a permit may be appealed to the State Game and Fish Commission in accordance with the Georgia Administrative Procedure Act.

CHAPTER 16. DEPARTMENT OF PUBLIC SAFETY
Section 1601. Department of Public Safety--Created.
There is created a Department of Public Safety.
Section 1602. Board of Public Safety--Created.
There is created a Board of Public Safety which shall establish the general policy to be followed by the Department. The Board shall con sist of nine members.
(1) The following three members serve ex-officio: the Governor, who shall be Chairman of the Board; the Attorney General; and the official in charge of offender rehabilitation in the Department of Human Resources, created in Chapter 12 of this Plan.
(2) Three members shall be selected as follows:
(a) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Sheriffs' Association; the first representative shall serve an initial term ending on January 20, 1975, each subsequent term being three years;
(b) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Chiefs of Police; the first representative shall serve an initial term ending on January 20, 1974, each sub sequent term being three years;

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(c) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the District Attorneys' Association of Georgia; the first representative shall serve an initial term ending on January 20, 1973, each
subsequent term being three years.

(3) Within thirty days after its first meeting, the Board by ma jority vote shall appoint three members from the State at large; no person so appointed shall be an officer or employee of any State or local
governmental entity at the time of his appointment to or during his membership on the Board. The Board shall designate the initial terms of the three at-large members for one, two, and three years respectively. Thereafter, all terms of all successors shall be three years.

Appointments made pursuant to subsection (2) at times when the Senate is not in session shall be effective ad interim.

Section 1603. Commissioner of Public Safety--Created.
There is created the position of Commissioner of Public Safety. The Commissioner shall be the chief administrative officer and shall be both appointed and removed by the Board with the approval of the 1 Governor. Except as otherwise provided by this Plan, and subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department by this Plan.

Section 1604. Department of Public Safety--Functions Trans ferred.
All of the functions of the Department of Public Safety, created in Ga. Laws 1937, p. 322, as amended (Ga. Code Ann. 92A-101 et seq.), and its units, except the policy-making functions transferred to the Board in Section 1613 of this Plan, are transferred to the Depart ment of Public Safety created in this Chapter. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Public Safety means the Department of Public Safety created in this Chapter.
Deleted pursuant to objection of Comptroller General.

Section 1606. Additional Functions Transferred to Department.
The functions of the Georgia State Board of Pharmacy relating to investigation of criminal conduct pertaining to drugs under Ga. Laws 1967, pp. 296, 304, as amended (Ga. Code Ann. 79A-208 (f) et seq.), are transferred to the Department of Public Safety. Nothing in this Section shall affect the responsibilities of the State Board of Pharmacy relating to the investigation of the sale or dispensing of drugs or other articles which are subject to the Board's regulation under the laws of Georgia. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Pharmacy relating to its criminal investi gative functions means the Department of Public Safety.

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Section 1607. Additional Functions Transferred to Department.

The functions of the Public Service Commission relating to the performance of safety inspections of motor vehicles pursuant to Georgia Laws 1931, Extra Session, pp. 99, 111 and Georgia Laws 1931, pp. 199, 209 (Ga. Code Ann. 68-251 (a), 68-627 (a) ), are transferred to the Department of Public Safety. The Public Service Commission shall re tain the responsibility for establishing inspection criteria for vehicles subject to its regulation. Unless inconsistent with this Plan, any reference in Georgia Laws to the Public Service Commission relating to the performance of its vehicle safety inspection functions means the Department of Public Safety.

Section 1608. Office of Coordinator of Highway Safety--Con tinued; Renamed; Transferred.

The office of Coordinator of Highway Safety provided for in Ga. Laws 1967, pp. 708, 709 (Ga. Code Ann. 92A-1001), is continued, is renamed the Office of Highway Safety, and the Office is transferred to the Department. The director of the Office shall report to the Com missioner of Public Safety who is hereby designated the Governor's Highway Safety Representative. The Office of Highway Safety is charged and empowered to carry out the responsibilities established by the National Highway Safety Act of 1966, Pub. Law 89-564, as amended. Unless inconsistent with this Plan, any reference in Georgia Laws to the Coordinator of Highway Safety means the Office of Highway Safety.

Section 1609. Georgia Peace Officer Standards and Training Council--Continued; Assigned.

The Georgia Peace Officer Standards and Training Council, created in Ga. Laws 1970, p. 208 (Ga. Code Ann. 92A-2103 et seq.), and its functions are continued. The Council is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1610. Georgia Police Academy Board--Functions Trans ferred to Peace Officer Standards and Training Council.

All of the functions of the Georgia Police Academy Board, created in Ga. Laws 1962, p. 535 (Ga. Code Ann. 32-3201), are transferred to the Georgia Peace Officer Standards and Training Council, provided for in Section 1609 of this Plan. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Police Academy Board means
the Georgia Peace Officer Standards and Training Council.

Section 1611. Georgia Firefighter Standards and Training Council --Continued; Assigned.
The Georgia Firefighter Standards and Training Council, created in Ga. Laws 1971, p. 693, its units, including the Georgia Fire Institute, and their functions are continued. The Council is assigned to the De partment for administrative purposes only as prescribed in Section 105 of this Plan.

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Section 1612. Division of Investigation--Created.

There is created a Division of Investigation within the Department. The division head shall be a Director who is appointed by and serves at the pleasure of the Board, and who reports directly to the Board.

The functions enumerated in Section 1612.1 through 1612.4 shall be assigned to the Division of Investigation.

Section 1612.1. Functions Assigned to Division.
The functions of the Bureau of Investigation, provided for in Ga. Laws 1937, pp. 322, 340 (Ga. Code Ann. 92A-301 et seq.), and trans ferred to the Department in Section 1604 of this Plan are assigned to the Division of Investigation.

Section 1612.2. Functions Assigned to Division.
The functions of the State Crime Laboratory, referenced in Ga. Laws 1953, p. 602, as amended (Ga. Code Ann. 21-203, et al.), and transferred to this Department in Section 1604 of this Plan are assigned to the Division of Investigation.
Deleted pursuant to objection of Comptroller General.

Section 1612.4. Functions Assigned to Division.
The criminal investigative functions transferred to the Department by Section 1606 of this Plan are assigned to the Division of Investiga tion.
Section 1613. Functions Transferred to Board.
The policy-making functions of the Department of Public Safety, contained in Ga. Laws 1937, p. 322, as amended (Ga, Code Ann. 92 A101 et seq.), are transferred to the Board of Public Safety created in this Chapter. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Public Safety relating to its policymaking functions means the Board of Public Safety created in this Chapter.
Section 1614. Commission Abolished.
The Georgia Study Commission on Law Enforcement Officer Standards and Education, created in Ga. Laws 1968, p. 829, is abolished.

Section 1615. Committee Abolished.
The Governor's Traffic Safety Study Committee, created in Ga. Laws 1968, p. 1384, is abolished.

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133

CHAPTER 17. PUBLIC SERVICE COMMISSION

Section 1701. Public Service Commission--Continued.

The Public Service Commission, created in Article IV, Section IV,
Paragraph III of the Constitution, and its functions, except the per formance of safety inspections of motor vehicles transferred to the Department of Public Safety in Section 1607 of this Plan, are con tinued. The Commission shall continue to be responsible for establishing
inspection criteria for vehicles subject to its regulation.

CHAPTER 18. DEPARTMENT OP REVENUE
Section 1801. Department of Revenue--Continued; Head.
The Department of Revenue, created in Ga. Laws 1937-38, Extra Session, p. 77 (Ga. Code Ann. 92-8402), and its functions, except the motor fuel testing and pump calibration functions, the State Oil Chem ist and his functions, both of which are transferred in Sections 505 and 506 respectively of this Plan to the Department of Agriculture and the motor vehicle tag inspection functions and motor carrier permit inspec tion functions, both of which are transferred to the Department of Transportation, in Section 2107 of this Plan, are continued as presently provided by law. The office of State Revenue Commissioner, created by Ga. Laws 1937-38, Extra Session, p. 77 (Ga. Code Ann. 92-8402), and other statutorily created offices of the Department, are continued. The State Revenue Commissioner shall be the department head and shall continue to exercise his functions as provided by law.
Section 1802. Board of Settlements and Compromises--Continued; Assigned.
The Board of Settlements and Compromises, provided for in Ga. Laws 1953, p. 185 (Ga. Code Ann. 92-8411.1), and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.
Section 1803. Council to Investigate the Suspension of the State Revenue Commissioner--Abolished.
The Council to Investigate the Suspension of the State Revenue Commissioner, provided for in Ga. Laws 1937-38 Extra Sess., p. 77, 80 (Ga. Code Ann. 92-8403), and its functions are abolished.

CHAPTER 19. SECRETARY OF STATE
Section 1901. Secretary of State--Continued.
The Secretary of State, provided for in Article V, Section II, Para graph I of the Constitution, and his functions are continued except those functions enumerated in Sections 1902 through 1904.

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' Section 1902. Functions Transferred.

The functions of the Georgia Building and Loan Commissioner are transferred to the Department of Financial Regulation in Section 1104
of this Plan.

Deleted pursuant to objections of Secretary of State.

Section 1904. Functions Transferred.

Certain functions relating to Real Property Inventory are trans ferred to the Department of Administrative Services in Section 412 of this Plan. The Secretary of State shall retain the function of filing and retaining conveyances and plats.

Section 1905. Georgia State Board of Pharmacy--Continued; * Assigned.

The Georgia State Board of Pharmacy, created in Ga. Laws 1967,

p. 296, 302 (Ga. Code Ann. 79A-201), and its functions, except those

functions transferred in Chapter 16 of this Plan, are continued. The



Board is assigned to the Joint Secretary, State Examining Boards, for

administrative purposes as prescribed in Section 105 of this Plan.

Section 1906. Georgia Commission for the National Bicentennial Celebration--Continued; Assigned.
The Georgia Commission for the National Bicentennial Celebration, created in Ga. Laws 1969, p. 1074, is continued and is assigned to the ,:::!, ;Secretary of State for administrative purposes only as prescribed in Section 105 of this Plan.

;|

.Section 1907. Claims Advisory Board--Continued; Assigned.

,.,-...

The Claims Advisory Board, created in Ga. Laws 1963, p. 624 (Ga.

Code Ann. 47-504), and its functions are continued. The Claims Ad

visory Board is assigned to the Secretary of State for administrative

. ( purposes only as prescribed in Section 105 of this Plan.

CHAPTER 20. STATE SCHOLARSHIP COMMISSION
Section 2001. State Scholarship Commission--Continued.
The State Scholarship Commission, provided for in Article VII, Section I, Paragraph II of the Constitution, and its functions are con tinued.
Section 2002. Georgia Higher Education Assistance Corporation-- Continued; Assigned.
The Georgia Higher Education Assistance Corporation, provided for in Article VII, Section I, Paragraph II of the Constitution, and its

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J35

functions are continued. The Corporation is assigned to the State Scholarship Commission for administrative purposes only as prescribed in Section 105 of this Plan.

Section 2003. Georgia Higher Education Assistance Authority-- Continued; Assigned.

The Georgia Higher Education Assistance Authority, created by Ga. Laws 1969, p. 683 (Ga. Code Ann. Ch. 32-37), and its functions are continued. The Authority is assigned to the State Scholarship Com mission for administrative purposes only as prescribed in Section 105 of this Plan.

Section 2004. Georgia Higher Education Assistance Committee-- Abolished.

The Georgia Higher Education Assistance Committee, created in Ga. Laws 1968, p. 1082 (Ga. Code Ann. 32-3401), is abolished.

CHAPTER 21. DEPARTMENT OF TRANSPORTATION.
Section 2101. Department of Transportation--Created; Head; Chief Executive Officer.
There is created a Department of Transportation. The department head shall be the State Highway Board. The Chief executive officer of the Department is Director.
Section 2102. State Highway Board--Continued; Functions.
The State Highway Board, provided for in Article V, Section XI, Paragraph I of the Constitution, and its functions are continued. The State Highway Board shall establish the general policies to be fol lowed by the Department of Transportation.
Section 2103. Director of State Highway Department--Continued; Renamed Director of Department of Transportation.
The position of Director of the State Highway Department of Geor gia, created by Ga. Laws 1963, p. 3, as amended (Ga. Code Ann. 95-1602), and its functions are continued, and the position shall be renamed Director of the Department of Transportation. Unless in consistent with this Plan, any reference in Georgia Laws to the Di rector of the State Highway Department of Georgia means the Di rector of the Department of Transportation created in this Plan.
Section 2104. State Highway Department of Georgia--Functions Transferred.
All of the functions of the State Highway Department of Georgia, created by Ga. Laws 1919, p. 244, as amended (Ga. Code Ann. Ch. 95-15), except the self-insurance workmen's compensation functions

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transferred to the Department of Administrative Services in Section 407 of this Plan, are transferred to the Department of Transportation created in this Plan. Unless inconsistent with this Plan, any reference
in Georgia Laws to the State Highway Department of Georgia means the Department of Transportation created in this Plan.

Section 2105. Additional Functions Transferred.

The functions of the Department of Industry and Trade and the Board of Commissioners of the Department of Industry and Trade relating to airports, aviation, landing fields, other aviation facilities, air routes and air markers, provided for in Ga. Laws 1949, p. 249, as
amended (Ga. Code Ann. 40-2107) and Ga. Laws 1965, p. 105 (Ga. Code Ann. 11-304, 305), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Industry and Trade or the Board of Commissioners of the Department of Industry and Trade relating to the functions trans ferred to the Department in this Section means the Department of
Transportation created in this Plan.

Section 2106. Additional Functions Transferred.
The functions and funding programs of the Department of Industry and Trade and the Board of Commissioners of the Department of In dustry and Trade relating to the Metropolitan Atlanta Rapid Transit Authority, created by Ga. Laws 1965, p. 2243, as amended, are trans ferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Industry and Trade or the Board of Commissioners of the Department of Industry and Trade relating to the functions and programs transferred to the De partment in this Section means the Department of Transportation cre ated in this Plan.

Section 2107. Additional Functions Transferred.
The functions, except personnel, budget, and unexpended balances of appropriations, of the Department of Revenue relating to the inspec tion of motor carrier permits and motor vehicle tags are transferred to the Department of Transportation.

CHAPTER 22. TREASURER AND TREASURY DEPARTMENT
Section 2201. Treasurer and Treasury Department--Continued.
The State Treasurer, provided for in Article V, Section II, Para graph I of the Constitution, and the Treasury Department, provided for in Ga. Laws 1828, Cobb, p. 1027, as amended (Ga. Code Ann. Ch. 40-9), and their functions are continued expect those functions enumer ated in Sections 2202 through 2205.
Section 2202. Functions Transferred.
The functions relating to deposits by Domestic Life Insurers are transferred to the Comptroller General in Section 802 of this Plan.

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137

Section 2203. Functions Transferred.

The functions relating to the payment of salaries and expenses to Judges and District Attorneys are transferred to the Department of Administrative Services in Section 410 of this Plan.

Deleted pursuant to objection of State Treasurer.

Section 2205. Functions Transferred.
The functions relating to the distribution of State funds under the Minimum Foundation Program of Education Act are transferred to the Department of Education in Section 1004 of this Plan.

CHAPTER 23. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA--CONTINUED.
Section 2301. Board of Regents of the University System of Geor gia--Continued.
The Board of Regents of the University System of Georgia, pro vided for in Article VIII, Section IV, Paragraph I of the Constitution, and its functions are continued.
Section 2302. Regents of the University System of Georgia--Con tinued.
The Regents of the University System of Georgia, created by Ga. Laws 1931, p. 7 (Ga. Code Ann. 32-101), and its functions are con tinued.
Section 2303. Ocean Science Center of the Atlantic Commission-- Functions Transferred.
The functions of the Ocean Science Center of the Atlantic Com mission, provided for in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. 43-1301), to establish and cause to be operated one or more marine resources extension centers and the Oceanographic Research Center are transferred to the Board of Regents of the University Sys tem of Georgia. Unless inconsistent with this Plan, any reference in Georgia Laws to the Ocean Science Center of the Atlantic Commis sion relating to the functions transferred to the Board of Regents of the University System in this Section means the Board of Regents of the University System of Georgia.
Section 2304. Functions Transferred.
All of the functions of the Georgia Agrirama and the Georgia Agrirama Board of Governors, created by Ga. Laws 1970, p. 568 (Ga. Code Ann. 32-301a-304a), are transferred to the Board of Regents.

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Section 2305. State Medical Education Board--Continued; As signed.

The State Medical Education Board, created in Article VII, Section I, Paragraph II of the Constitution, and its functions are continued. The Board is assigned to the Board of Regents of the University System of Georgia for administrative purposes only as prescribed in Section 105 of this Plan.

Section 2306. Board of Regents of the University System of Geor gia Scholarships--Continued; Assigned.
The Board of Regents of the University System of Georgia Scholar ships, provided for in Article VII, Section I, Paragraph II of the Con stitution, are continued and shall continue to be administered by the Board of Regents of the University System of Georgia.

CHAPTER 24. STATE DEPARTMENT OF VETERANS SERVICE
Section 2401. State Department of Veterans Service and Veterans Service Board--Continued.
The State Department of Veterans Service and the Veterans Serv ice Board, created by Article V, Section VI, Paragraph I of the Constitution and their functions are continued. The Veterans Service Board shall have such control, duties, powers, and jurisdiction of the State Department of Veterans Service as shall be provided by law. The Board shall appoint a Director who shall be the executive officer of the Department. Members shall continue to serve as presently appointed and all future appointments shall be made as provided by the Con stitution.
Section 2402. Functions Transferred.
The functions of the State Department of Family and Children Services pertaining to the care of widows of Confederate Veterans, as prescribed in Georgia Laws 1946, p. 84 (Ga. Code Ann. 35-906), are transferred to the State Department of Veterans Service. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Department of Family and Children Services with respect to the func tions transferred in this Section means the State Department of Vet erans Service.

CHAPTER 25. ADDITIONAL AGENCIES ABOLISHED.
Section 2501. Commission of Constitutional Government--Abol ished.
The Commission of Constitutional Government, created in Ga. Laws 1959, p. 5, 23, is abolished.

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139

Section 2502. Governor's Award for Heroism Committee--Abol ished.

The Governor's Award for Heroism Committee, created in Ga. Laws 1970, p. 743, is abolished.

Section 2503. Georgia Interdepartmental Council for the Handi capped--Abolished.

The Georgia Interdepartmental Council for the Handicapped, cre ated in Ga. Laws 1968, p. 1079, is abolished.

Section 2504. Forward Georgia Commission--Abolished.

The Forward Georgia Commission, created in Ga. Laws 1968, p. 980, is abolished.

CHAPTER 26. ADDITIONAL PROVISIONS
Section 2601. Classification of Positions.
The position of, or person occupying the position of, head of de partment or division director of any agency created by the transfer of functions shall be in the unclassified service as defined in the Acts governing the State Merit System, except for the Director of the Per sonnel Division of the Department of Administrative Services, the official of the Department of Human Resources in charge of Voca tional Rehabilitation, and the Director of the Environmental Protection Division of the Department of Natural Resources who shall be in the classified service. The position of head of department or division di rector of any agency created by the transfer of functions shall be in new positions. The State Personnel Board shall adopt rules and regu lations not inconsistent with this Plan to effectuate the transfer of positions and personnel and the classification of such positions.
Section 2602. Severability.
In the event any section, subsection, sentence, clause or phrase of this Plan shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsec tions, sentences, clauses or phrases of this Plan, which shall remain of full force and effect, as if the sections, subsections, sentences, clauses or phrases so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have ratified and approved the remaining parts of this Plan if it had known that part or parts hereof would be declared or ad judged invalid or unconstitutional.
Section 2603. Effective Date.
The Governor is authorized, pursuant to Ga. Laws 1971, p. 4, to effectuate and implement any chapter, section or subsection of this

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:

Plan by Executive Order immediately after the ratification of the

Plan by the Georgia General Assembly. Any chapter, section, or subsec

tion of this Plan which has not been effectuated by July 1,1972, shall be

come effective on that date unless otherwise provided by law.

Section 2604. Publication in Georgia Laws.
The Secretary of State is authorized to publish the approved Plan in the Georgia Laws of 1972; and, notwithstanding any deletion of any chapter, section, or subsection of this Plan as authorized by Ga. Laws 1971, p. 4, each chapter, section, or subsection shall in its final form appear in consecutive order, whether numerically or alpha betically. References to chapters, sections, and subsections which have been renumbered shall be deemed to refer to such renumbered chap ters, sections, and subsections and shall be renumbered accordingly.

The following communications, which were filed with the Clerk of the House after adjournment of the first day's session on January 10, 1972, were read:
EXECUTIVE DEPARTMENT Atlanta 30334
January 10, 1972
Hon. Glenn W. Ellard Clerk of the House Georgia House of Representatives State Capitol Atlanta, Georgia 30334
Dear Glenn:
In accordanc with the requirements of Georgia Laws 1971, p. 4 (H. B. 1), I submit herewith to you a copy of the reorganization of certain functions where were not established by statute or the State Constitution.
Said reorganizations were accomplished pursuant to Section 2(a) of said Georgia Laws and are being filed with you in accordance with Section 4(a) of the Act.
Sincerely, Is/ Jimmy Carter

Attach.

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141

EXECUTIVE DEPARTMENT Atlanta 30334

December 30, 1971

The Honorable James Hodgson Secretary of Labor U. S. Department of Labor 14th Street & Constitution Avenue, N. W. Washington, D. C. 20210

Dear Secretary Hodgson:

On April 2, 1971, I designated the Bureau of State Planning and Community Affairs as the official State agency to coordinate Georgia's
overall program of Occupational Safety and Health. Since that time, your Regional staff has worked very closely with the Bureau in developing the framework for implementing the Williams-Steiger Act in the State of Georgia. As provided for in our original application to the U. S. De partment of Labor, we have developed an organizational structure for Georgia's program which would provide the most efficient and effec tive method for administration of this program.

After thorough analysis of existing conditions and alternative ap proaches, and with concurrence with your Regional staff, I have de cided to transfer the full responsibility for the development, operation and maintence of this program to the State Board of Workmen's Com pensation and to designate Mr. J. T. Gregory, Director of Occupational Safety and Health, as my designee and your liaison for this program. In order to facilitate the uninterrupted development of Georgia's pro gram, I am taking this action effective January 1, 1972. The neces sary modifications and revisions to our original agreements and grants are being prepared by my staff with the assistance of your Regional office. An amended grant application will be submitted to your office in the near future.

The assistance provided by your Department has been greatly ap preciated and we look forward to continuing the excellent working re*lationship between these Federal and State agencies.

JC :gdw cc: Mr. J. T. Gregory

Sincerely, /s/ Jimmy Carter

EXECUTIVE DEPARTMENT The State of Georgia Executive Order

By the Governor:

WHEREAS: Pursuant to the provisions of Georgia Code Anno tated 91-402, the Governor is empowered with the general supervision

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over all property of the State, with the power to make all necessary regulations for the protection thereof, when not otherwise provided for; and

WHEREAS: Pursuant to the provisions of Georgia Code Anno tated 40-305, the Governor is empowered to engage the services of any competent person for the discharge of any duty required by the laws, and essential to the interests of the State, or necessary, in an emergency, to preserve the property of funds of the State; and

WHEREAS: The responsibility for the maintenance and upkeep of the State Capitol, the Executive Mansion and the Confederate Ceme teries was assigned to the Secretary of State by Executive Order dated January 11, 1955; and

WHEREAS: The maintenance of other State buildings has been the responsibility of the Georgia Building Authority; and

WHEREAS: A more economical and efficient operation will re sult by the placing of all maintenance responsibilities in one agency of State government.

NOW THEREFORE, PURSUANT TO THE AUTHORITY VESTED IN ME BY VIRTUE OF THE PROVISIONS OF GEORGIA CODE 91-402 and 40-305, IT IS HEREBY

ORDERED: That the maintenance and upkeep of all State build ings and properties not specifically provided for by law, including the duties and responsibilities delegated to the Secretary of State by Exe cutive Order dated January 11, 1955, relative to the maintenance and upkeep of the State Capitol, the Executive Mansion and the Confed erate Cemeteries, be and the same is hereby transferred to the Geor gia Building Authority, effective July 1, 1971.

IT IS FURTHER

ORDERED: That because of his special ability and interest in the State Capitol and its surroundings, Honorable Ben W. Fortson, Jr., Secretary of State, is hereby appointed as Special Advisor to the Geor
gia Building Authority.

This 17th day of June, 1971.
Attest: Is/ Hamilton Jordan
Executive Secretary

Is/ Jimmy Carter Governor

Pursuant to HR 497, adopted by the House and Senate, the Senate ap peared upon the floor of the House at 11:45 A.M., and the Joint Session convened

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143

for the purpose of hearing a message from His Excellency, Governor Jimmy Carter.

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

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

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

Lieutenant Governor Maddox presented Governor Jimmy Carter, who de livered the following address:
Lt. Governor Maddox, Speaker Smith, members of the General Assembly, and other distinguished Georgians:
One hundred and ninety-six years ago the State of Georgia came into being, only forty-three years after the first settlement in Savannah. There had been constant hardship and doubt among the colonists, but they had continued searching their way toward eventual statehood.
An official sign of dissatisfaction came as early as January 1775 when the elected Georgia General Assembly wrote the King's appointed chief executive: "It is the enjoyment of constitutional rights and liber ty that softens every care of life and renders existence itself sup portable."
In July of 1775, the Georgia Congress provided a provincial ship commissioned for naval warfare. In action off Savannah, this schooner captured a British vessel loaded with thousands of pounds of precious gun powder, the first naval success of the developing revolution.
It is a source of satisfaction to me that based on our date of entry into the Union, Georgia outranks Massachusetts, New Hampshire, New York, Rhode Island, Connecticut, Virginia and all of the other southern States.
In those years of our Nation's birth, our ancestors were justi fiably proud of these noble achievements. But their thoughts were necessarily on future challenges and opportunities. It was a time for greatness.
Based on my experience this past year as Governor, I am beginning to more fully understand our place in history and to sense the con tinuing unwillingness of Georgians to accept mediocrity. I feel the great responsibility that rests on you and me. Our people look to us for lead ership and expect us to perform courageously our difficult assignments.

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We must face them frankly. It is time for incisive self-examination and action, and not timidity. It is, again, a time for greatness.

Let us not at this time dwell on past accomplishments, which are manifold and justifiably gratifying. As did early Georgians, let us take a hard look at the future. Let us inventory our needs--which are
in reality only opportunities.

We need to provide care for all of the mentally afflicted people in our State. Excluding Medicaid, we spend 85% of our State Health Funds on mental treatment, yet almost 75% of Georgians with mental
problems receive little or no help at all. As was the case decades ago, we still have two thousand retarded children on the waiting list. With our heavy emphasis on institutions and expensive construction programs,
we have fallen behind other states, who through community oriented service, provide much more adequate care at the same or less cost to
the taxpayer.

We must meet the horrible drug addiction problem head-on, be cause it combines a major crime source with massive personal tragedy.

Alcoholics must be treated and cured instead of being cycled end lessly through our already over-crowded court systems.

Our excellent Vocational Rehabilitation efforts need to be har nessed with those of other departments which provide similar care, often to the same families. This coordination of services should be given
maximum emphasis, to guarantee to even more afflicted Georgians the right of self-support and full citizenship participation.

The purpose of our welfare program must be strongly channeled into social rehabilitation for all those who are physically able to work.
The causes of financial dependency may often be illiteracy, lack of work competence, timidity, a mental or physical health problem, alienation from society because of a past criminal act, dependent relatives with in the home, ignorance of job availability or most likely a combination of these factors. Now we must make every effort to prevent another
generation of welfare dependents from developing in Georgia.

We have long been afflicted with a totally inadequate prison system which has often bred more crime than it prevented. It is time for us
to make dramatic moves to achieve a deserved reputation for having the Nation's finest corrections system. This effort must include a penetrating program for rehabilitation of offenders and the preven tion of crime. We have learned from Jack Partain, Cecil McCall and Ellis MacDougall, that the problems they face among offenders often are the same as those which confront Dr. Venable or Jim Parham; illiteracy, no job skills, drug or alcohol addiction, a mental or physical health affliction, alienation from society because of a previous offense, or most probably a combination of these and other factors.

In the rehabilitation of Georgians, the new Department of Human Resources will coordinate these mutual efforts which must, under any circumstances, be hammered together. The choice we have is to yield

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145

to the pressures of good friends, special groups or interests and tell the people their rights shall be denied; or, we can summon our courage and act for the people. In this same place forty years ago the late Senator Russell and the legislature faced the same choice. They acted for the people.

For several generations efforts to reform Georgia's antiquated court system have failed. Early last year the superior'court judges took the initiative in working toward this notable goal, and they were quickly joined by district attorneys, members of the general assembly, dis tinguished lawyers of the State Bar and representatives of the appellate courts. With almost complete unanimity, this highly qualified group has hammered out recommendations which will guarantee rapid trial, uniform sentencing, equalized court calendars, superior utilization of probation and simplified appeal procedures. These recommendations must be implemented as soon as possible.

Chancellor George Simpson has given us fine leadership in the University System and has joined with Superintendent Nix in coordi nating the programs of our two major educational agencies. One of the joint projects to be completed this year is a thorough analysis of Georgia's student aid program. New programs in special education, remedial reading, student testing, vocational education, teacher ac countability, employee training, and inter-system cooperation have been
initiated.

Several recent court actions of nationwide import have been ob served concerning the financing of a fair and equitable system of pub lic education. Decisions in California and Texas are potentially appli cable in Georgia. We need a complete analysis of our Minimum Foun dation Program of Education, including the content of an adequate statewide program and the financing of it.

The greatest single need in our educational system now is an opportunity for young children to learn before entering the first grade. During recent months we have seen a remarkable demonstration of co operation among the leaders of our major state departments. Superin tendent Nix, Health Director John Venable, Chancellor George Simpson, Welfare Director Jim Parham and Judge B. Brooks from the Labor Department have all worked personally with their staffs to produce a comprehensive program of Early Childhood Development, which will give us optimum utilization of federal funds with maximum control of this effort by our own state departments and local governments. It will combine job opportunities for parents, some health care for chil
dren, and educational opportunities for youngsters of all ages, many of whom would otherwise enter the first grade with little chance to finish grammar school or ever to learn a useful trade. Primary responsibility for implementation at the community level will be given to local Boards of Education.

Teachers in schools and colleges and state employees throughout government deserve increases in pay to meet the rising cost of living and to keep us competitive with other employers who would lure our fine people away from us.

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Consumers in our state demand and deserve better protection in their dealings with the financial community, on which they are often dependent. At the same time equitable regulations and promotion of financial institutions can give us a more dynamic economic resource for future development of our State.

Efforts to pass effective, comprehensive legislation to end un scrupulous financial practices have been unsuccessful. Unsuspecting and innocent Georgians are still being sold worthless stock, charged ex orbitant interest rates, induced to sign unfair contracts and burdened with hidden credit costs. Our Georgia laws now permit interest, re financing and service charges on small loans equivalent to 60% in simple interest, and insurance charges can boost the cost of borrowed funds up to 90% per year. All of these abuses should be corrected for the public good, and the tremendous unwarranted political influence of selfish special interest groups eliminated forever. We need legisla tion to correct these obvious problems, and a strong leader who can ensure that Georgia's business community has a champion and at the same time that our citizens are protected from abuse. A new depart ment of finance will meet these needs. We can either move to protect our people from usury, fraud, deceit and financial oppression or we can tell them that because of a special friend, a special group or a special interest they must continue to bear these burdens.

We do not yet have an adequate criminal investigative force to meet the threats of organized crime and to support other law enforce ment agencies throughout the State in controlling and convicting vio lators of the law. We want every peace officer in Georgia to be in spired by the competence and stature of the members of our Depart ment of Public Safety. The quality of the GBI should match that of any police force in the world, including the FBI and the U. S. Secret
Service. Our salaries should attract and hold the best men. Entrance and training requirements should ensure intense competition to reach the highest possible standards of excellence. Colonel Ray Pope shares this commitment and is moving to achieve this goal.

Georgia has been endowed with unlimited economic potential. With a coordinated state effort in community development we can realize tremendous new benefits in tourism, industry, national and international trade and local-state-federal cooperation on mutual programs. General Lou Truman is providing daily improvements in the use of our rich human, industrial and natural resources.

Agriculture is the industry in which I am most personally in terested and has been the backbone of Georgia's economy for many years. We have now embarked on a massive effort to harness all state departments in the development of our rural areas.

Of critical importance to the economy of our state is the develop ment of a comprehensive transportation system. Bert Lance has brought about an almost unbelievable 70% increase in highway con tract lettings this past year, even before feeling the full impact of increased motor fuel taxes recently authorized by the General As
sembly.

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147

There remains a need to establish a close working relationship among state agencies involved in transportation, industry and trade, port development, financial resources and the setting of public service rates.

Protection of our environment and the perpetual enjoyment and use of our bountiful natural resources is a major responsibility of State government. Water, land, and air to be used by Georgians but left unspoiled is a tremendous goal and a challenge to us all. As Governor, I have come to recognize this as one of my most difficult assignments. Our laws must be clear, uniform and adequate and they must be enforced.
Our system of state parks and our recreation program leave much to be desired. Joe Tanner, Rock Howard, George Bagby and many other top state leaders are ready to work in harmony to ensure optimum utilization of our great natural gifts. The experimental recreation pro gram at Unicoi can guide us as we give them help and support.
Local governments need to be strengthened in authority, indepen dence and self-reliance.
The ad valorem tax mess must be straightened out to ensure equal and uniform assessments, continuing accuracy, fair appeal procedures and simple administration. The growing heavy burden of property tax ation to support statewide programs must be halted and reduced in public education, and then eliminated completely in public health, forest fire protection and welfare.
Let me now mention two other important factors in the life of al most every Georgian. First, he demands a government which he can understand and control and which meets his legitimate needs. Second, he wants to see an end to the waste of his tax money.

You, as members of the General Assembly of Georgia, have already recognized that this is a special time in the life of our state. During the legislative session a year ago, you voted overwhelmingly that through H. B. #1 we must assess deficiencies, correct mistakes, work together and meet Georgia's needs in government. It was a big order.
We began work immediately and no one has worked harder than our Secretary of State, Ben Fortson, who epitomizes to me the finest aspects of public service. He has reminded me of a south Georgia turtle in his unswerving attempts to preserve Georgia's great heritage.

Commissioners Tommy Irvin and Johnnie Caldwell have enthusiasti cally incorporated improvements in their departments on their own initiative.

Attorney General Arthur Bolton, personally recruited a group of distinguished lawyers to perform an analysis of his department.

Revenue Commissioner John Blaekmon has greatly expedited the collection and delivery of state tax funds to the Treasury.

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Hoyt Robinson has begun a new system of purchasing which will ensure substantial savings for the State.

State Auditor Ernest Davis and Treasurer Bill Burson have worked within the State Depository Board to ensure maximum return of in
terest on state funds and have helped to eliminate the politically in spired deposit system previously in effect.

Tom Linder has labored day and night to lay plans for a better government.

We have all worked hard to carry out your mandate that the Executive Branch of Georgia's government be analyzed and organized into an efficient and economical mechanism which can be understood, and controlled by the people, and not by selfish special interest groups.

There is, of course, no way to reach a unanimous agreement on exactly how to restructure so complicated an organization. It is only human nature to want everyone else reorganized and to be left undis turbed. It is only natural to overlook waste in one's own department
and try to preserve ways at taxpayer's expense to influence votes in future elections.

It is easy to understand the concern of a board member about a department which might act so as to reduce his own personal influence or income.

No one wants to lose the prestige of having his own printing press, computer, radio network, car pool and autonomous department head
quarters.

It would have been easy to be timid and to falter in the fact of strong opposition from entrenched interests, but we have not. We have prepared for you a superlative plan for organization of the Executive Branch of Georgia's government. It eliminates special privileges, as
everyone of you would do in your own business.

It simplifies the structure of government and at the same time gives clear-cut responsibility and authority to executive heads of the twenty departments. This will bring in increased revenue and will save millions of dollars the first year. After two more years, annual savings
will be multiplied threefold.

It permits us to use productively vast sums of money which other wise would be wasted.

It ensures continuing and intimate cooperation among departments which are responsible for related programs.

It magnifies our voice and control over federal programs now in existence, and future ones contemplated by Congress.

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149

It gives us a unique zero base budgeting procedure which is almost certain to be copied throughout the Nation.

It will permit us to initiate the programs in health, drug and alco
hol control, prison reform, early childhood development, and to private colleges, and to keep competitive pay scales for state employees, bal ance rural and urban growth, protect consumers, and provide financial relief to our local property taxpayers.

But the truth is that we cannot solve these long existing problems either effectively or within our present tax laws without a well or
ganized Executive Department. Waste and inefficiency and lack of cooperation among state agencies will continue to sap away the strength of our government and prevent us from taking bold action to meet our people's needs.

I share your determination that this shall not happen. I consider this to be of paramount importance. My administration is dedicated to implementing reorganization before I go out of office.

I doubt that any Governor and legislature have ever before had an opportunity to work in closer harmony on programs of such great importance.
We should not be mislead by highly publicized opposition to reor ganization. Although most news media have tried to be objective and fair, there have been distortions.

Let me point out to you that there is no division in purpose between me as Governor and you as legislators. Your people are my people. Governors do not pass laws--you have given me an overwhelming man
date in House Bill #1 to reform the executive branch of Government. For a year now I have been carrying out that mandate.

Opposition is approximately the same as it was a year ago, when a very small number of legislators joined with a few department heads and board members and attempted to block this effort. How much have you read about the large number among you who directed that this work be done and who have helped in every possible way.

Have you seen any publicity about the beneficial legislative study committee recommendations which were gathering dust and now have a new lease on life?

How much have you heard about the state department heads who have worked throughout the year in a completely dedicated way and now await the benefits to be derived from this comprehensive and farreaching plan? May I mention, for instance, the Attorney General, The
Highway Director, the Secretary of State, Board of Regents, the State Health Director and the 200 medical doctors in his department, the Budget Officer, Industry and Trade Director, Superintendent of Banks, Revenue Commissioner, Workmen's Compensation Board, State Forester, and the Directors of Purchasing, Corrections, Family and Children Service, Vocational Rehabilitation, Veterans Department, Recreation,

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Parks, Game and Fish, Public Safety, and Defense--all men dedicated to improving the Executive Branch of government. They have not been trying to block reorganization.

How much have you read about the dozens of medical doctors and psychiatrists in private practice, the psychologists, nurses, social workers, nursing home operators, bankers, vocational rehabilitation counselors, conservationists, civic clubs, grand juries, jaycees and women's clubs who have endorsed this effort?

Most importantly, how much have you read about the thousands of Georgians who are not organized to represent a particular interest, but who are merely confused, frustrated and even alienated from our government because of its complexity, inefficiency, and inability to meet their legitimate demands?

The future of Georgia depends on continued cooperation between the Governor and the General Assembly.

For the next fourteen days the primary responsibility is on you. I am deeply grateful to you for helping to bring our state to this point where, working together, Georgia people can take advantage of a time for greatness.

Senator Holley of the 22nd moved that the Joint Session be now dissolved and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

Mr. Busbee of the 61st moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

WEDNESDAY, JANUARY 12, 1972

151

Representative Hall, Atlanta, Georgia Wednesday, January 12, 1972

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 Rabbi Donald Frieman:
Almighty God, in thy Grace thou didst crown all the work of thy glory with the creation of Man, upon whom thou hast conferred the dominion over the earth and all that is therein. 'But above all, that you created in Man--you gave him the innate, never-dying love for liberty, the aspiration to be free.
From the epic-making day when the words of the Great Emancipator resounded around the world--"Let my people go!"--to the hour when the Israelites were commanded to "proclaim liberty throughout the land and to all the inhabitants thereof;" from the sacred moments when Patrick Henry exclaimed, "Give me Liberty or give me Death!", men have never ceased yearning and striving, for the inalienable right to be free. Men today are still seeking to live without fear and want, to be secure in their home and job, to find fairness in the market place, to worship as he wishes, to be able to provide his family with medical aid and to live in decency in his old age.
It is these goals in life that we all seek and look to our leaders to provide. We hope for the day of PEACE, when lawlessness will be banished from the face of the earth, and when the little child will lie down with a lamb, and "Nations shall not lift up sword against Nation, neither shall they learn war anymore."
May each of us, through our daily living and efforts, bring this messianic era ever closer. 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, S. P. Buck

Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M.

152
Collins, S. Colwell Coney, G. D. Coney, J. L.
Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted

JOURNAL OF THE HOUSE,

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

Patterson
Patten Pearce Peters Phillips, G. S. Phillips, L. L.
Phillips, W. R. Pickard
Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B.
Russell, H. P. 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 Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

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

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153

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

The Journal was confirmed

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1127. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act entitled "Griffin-Spalding County School System", so as to abolish the five districts designated as County Districts and the five designated as City Districts, and to provide for the election of 10 members of the Board of Education from the County at large; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1128. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the compensation of the deputy director of the Department of Public Safety; and for other purposes.
Referred to the Committee on Retirement.

HB 1129. By Messrs. Collins and Geisinger of the 72nd, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend Code Section 48-709, relating to the eligibility of applicants for licenses to practice dentistry, so as to provide that aliens who have resided within the U. S. for at least 1 year and have filed a notice of intention to become a citizen shall be

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eligible to stand examination and upon completion and compliance with all other requirements shall be granted a license; and for other purposes.
Referred to the Committee on Health & Ecology.

HB 1130. By Messrs. Bennett of the 71st, Hays of the 1st, Toles of the 9th, Snow of the 1st, Bostick of the 63rd, Groover of the 27th and others:
A Bill to be entitled an Act to provide for licensing of itinerant vendors; to provide for a license tax; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1131. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, its powers and duties, so as to change the provisions relating to eligibility for paroles; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1132. By Messrs. Salem of the 51st, Lewis of the 37th, Collins of the 62nd, McCracken of the 36th, Russell of the 70th, Wamble of the 69th 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 calculation of the amounts to be raised by local units of administration; and for other purposes.
Referred to the Committee on Education.

HB 1133. By Messrs. Scarborough of the 81st and Greer of the 95th:
A Bill to be entitled an Act to provide for the regulation of proprietary schools; and for other purposes.
Referred to the Committee on Education.

HB 1134. By Messrs. Levitas of the 77th and Floyd of the 7th:
A Bill to be entitled an Act to provide that any State department, board, bureau, commission, authority or other State agency intending to apply for Federal Assistance under any Federal program shall notify the Legislative Budget Officer of the intention to apply for such Federal assistance; and for other purposes.
Referred to the Committee on Appropriations.

HB 1135. By Messrs. Davis, Wood, Granade and Floyd of the 75th:
A Bill to be entitled an Act to amend an Act making it unlawful for any real estate agent or broker to induce any person to sell or rent

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155

his dwelling by the use of certain representations, so as to provide that it shall be unlawful for any real estate agent or broker to induce any person to sell or rent his dwelling except under certain circumstances; and for other purposes.
Referred to the Committee on Industry.

HB 1136. By Messrs. Davis, Wood, Granade and Floyd of the 75th:
A Bill to be entitled an Act to amend Code Chapter 93-3, relative to the jurisdiction, powers and duties of the Georgia Public Service Com mission, so as to authorize and direct the Commission to promulgate rules and regulations whereby telephone subscribers shall have the right to prohibit telephone solicitations; and for other purposes.
Referred to the Committee on Industry.

HB 1137. By Messrs. Davis, Wood, Granade of the 75th: A Bill to be entitled an Act to amend Code Section 67-117, relating to cancellation of mortgages, so as to change the provisions relating to cancellation of mortgages; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1138. By Mr. Levitas of the 77th: A Bill to be entitled an Act to amend Code Section 113-1212, relating to citation, hearing and the granting of letters of administration, so as to clarify the meaning of the notice and service provisions; and for other purposes.
Referred to the Committee on Judiciary.
HB 1139. By Messrs. Jordan of the 74th, Bell of the 73rd, Russell of the 77th, Sorrells of the 24th, Davis, Wood and Floyd of the 75th: A Bill to be entitled an Act to provide that the publisher of any news paper in this State which publishes legal notices or advertisements shall follow certain procedures to assure quick identification and reading of legal notices or advertisements by the general public; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1140. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to provide that no county or municipality shall require any person employed by any such governmental unit in the capacity of a fireman to be on duty as such for more than 56 hours during any seven consecutive day period; and for other purposes. Referred to the Committee on Industrial Relations.

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HB 1141. By Messrs. Toles, Lowrey and Adams of the 9th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the definition of the term "teacher"; to provide that clerical personnel employed by regional and county libraries may become members of said Retirement System; and for other purposes.
Referred to the Committee on Education.

HB 1142. By Messrs. Snow and Clements of the 1st and Dean of the 13th:
A Bill to be entitled an Act to amend Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, so as to provide there shall be a conclusive presumption that notice was received more than 10 days prior to the sale date or a letter properly addressed to the address of the property at least 15 days prior to the date of sales; and for other purposes.
Referred to the Committee on Judiciary.

HB 1143. By Messrs. Snow and Clements of the 1st:
A Bill to be entitled an Act to amend Code Section 26-601, relating to the definition of the term "crime", so as to change said definition; and for other purposes.
Referred to the Committee on Judiciary.

HB 1144. By Messrs. Snow and Clements of the 1st and Dean of the 13th:
A Bill to be entitled an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement and providing for the establish ing of a Joint Municipal Retirement System, so as to redefine the term employee in order to distinguish between full-time salaried or hourly rated person in the active service of municipal corporation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1145. By Messrs. Snow, Hays and Clements of the 1st, Peters of the 2nd, Lowrey, Toles and Adams of the 9th:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Library Compact"; to enact said compact into law; and for other purposes.
Referred to the Committee on Judiciary.

HB 1146. By Messrs. Snow, Clements and Hays of the 1st: A Bill to be entitled an Act to amend an Act incorporating the City

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157

of Rossville, so as to change the number of councilman; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1147. By Messrs. Snow, Hays and Clements of the 1st:
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 1148. By Messrs. Snow, Hays and Clements of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Lookout Mountain, so as to regulate the imposition and collection of a garbage service charge by said city; to strike entirely the section relating to the operation of a service station; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1149. By Messrs. Snow, Hays and Clements of the 1st:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Walker County upon an annual salary, so as to change the provisions relating to the compensation of said officer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1150. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 113-903, relating to the rules of inheritance, so as to provide for inheritance by the grandmothers and grandfathers of the intestate; and for other pur poses.
Referred to the Committee on Judiciary.

HB 1151. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, so as to provide for service of summons by publication; and for other purposes.
Referred to the Committee on Judiciary.

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HR 513-1151. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to provide for the restoration of all rights, privileges and immunities of citizenship which have been removed or impaired as a result of the conviction of any crime, upon an unconditional release from prison following the completion of the sentence or upon the expiration of any period or parole; and for other purposes.
Referred to the Committee on Judiciary.

HR 514-1151. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating victims of crime; and for other purposes.
Referred to the Committee on Judiciary.

HR 515-1151. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to abolish the doctrine of sovereign immunity; to provide for civil actions against the State or any department, agency or political subdivision, thereof for the recovery of damages caused by the negligence of an employee of the State or any department, agency or political sub division thereof; and for other purposes.
Referred to the Committee on Judiciary.

HR 516-1151. By Messrs. Cole and Turner of the 3rd: A Resolution compensating Mr. 0. L. Kelehear; and for other purposes.
Referred to the Committee on Appropriations.

HR 517-1151. By Messrs. Snow, Hays and Clements of the 1st:
A Resolution compensating Mr. Grady A. Ferrill; and for other pur poses.
Referred to the Committee on Appropriations.

HR 518-1151. By Messrs. Snow, Hays, and Clements of the 1st, Peters of the 2nd:
A Resolution designating a certain portion of Georgia Highway 2 as, "The Battlefield Parkway;" and for other purposes.
Referred to the Committee on Highways.

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159

HB 1152. By Messrs. Northcutt of the 21st and Griffin of the 68th:
A Bill to be entitled an Act to amend an Act authorizing the Governor to reorganize the Executive Branch of Government, so as to provide for the expiration of the provisions of said Act; and for other purposes.
Referred to the Committee on Rules.

HB 1153. By Messrs. Brown, Evans, Pinkston and Scarborough of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act entitled "The Uniform Act Regulating Traffic on Highways", so as to change the definition of the term "school bus"; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1154. By Messrs. Davis of the 86th, Groover of the 27th, Marcus of the 105th, Russell and Thomason of the 77th, Sorrells of the 24th and others:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to delete the provision that appeals from the Safety Fire Commissioner shall be de novo; and for other purposes.
Referred to the Committee on Judiciary.

HB 1155. By Messrs. Thomason of the 77th, Isenberg of the 67th, Bennett of the 81st, Leggett of the 67th, Carr of the 35th, Hudson of the 28th, Brown of the 81st and others:
A Bill to be entitled an Act to amend Code Title 30, relating to divorce and alimony, so as to completely and exhaustively revised, amend and supersede the laws of this State relating to divorce, alimony and sup porting of minors; and for other purposes.
Referred to the Committee on Judiciary.

HB 1156. By Mr. Dean of the 76th:
A Bill to be entitled an Act to provide certain requirements relative to the construction of buildings accessible to and usable by the physically handicapped; and for other purposes.
Referred to the Committee on Industry.

HB 1157. By Messrs. Dean of the 76th and Griffin of the 68th:
A Bill to be entitled an Act to create the Consumer Affairs Advisory Commission; to provide for the compensation, duties, authorities and functions of said Commission; and for other purposes.
Referred to the Committee on Rules.

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HB 1158. By Mr. Dean of the 76th:
A Bill to be entitled an Act to require the State Board of Education to provide ear examinations for students in the public schools in this State; and for other purposes.
Referred to the Committee on Education.

HB 1159. By Mr. Dean of the 76th:
A Bill to be entitled an Act to require the State Board of Education to provide dental examinations for students in the public schools in this State; and for other purposes.
Referred to the Committee on Education.

HB 1160. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act providing that cities shall furnish pensions to officers and employees of such cities and for such other purposes set forth in said caption of said Act, so as to remove any restrictions or limitations on account of future participation in the Federal O.A.S.I. program; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1161. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act approved August 20, 1927, so as to provide that a statement of accumulations in the pension fund shall be sent to each employee at the end of each year; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1162. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act providing that cities shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act, so as to provide for an increase of retirement or pension benefits for certain retired persons under certain circumstances; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1163. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend the Act providing that cities furnish pensions to officers and employees of such cities and for such

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161

purposes set forth in the caption of said Act, so as to provide that those persons who are employed as professional personnel by the Atlanta Public School System and transfer to another school system shall be permitted to transfer pension funds; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1164. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, so as to provide that an employee who is participating under the pro visions of this Act and who leaves the employ of such city prior to retirement shall have refunded to him half the equal amount which was paid into the fund plus 3-1/2% interest; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1165. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act providing that cities shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act, so as to change the pension provisions for certain officers and employees; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1166. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act providing that cities shall furnish benefits to officers and employees of such cities and for such other purposes set forth in the caption of said Act, so as to change the provisions relative to deferred pension benefits for those persons leaving the employment of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 519-1166. By Mr. Greer of the 95th:

A Resolution creating the Joint City of Atlanta Employees' Pension Fund Study Committee; and for other purposes.

Referred to the Committee on State Planning & Community Affairs--Local

Legislation.

.....:

HB 1167. By Messrs. Dixon of the 65th and Carter of the 64th: A Bill to be entitled an Act to amend an Act creating the State Board

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of Examiners of Plumbing Contractors, so as to extend the time during which a person may qualify as a master plumber, a contracting plumber or a journeyman plumber without the necessity of taking the examination provided by said Act; and for other purposes.
Referred to the Committee on Industrial Relations.

HR 520-1167. By Mr. Dixon of the 65th:
A Resolution compensating Mrs. Virginia Gornto; and for other pur poses.
Referred to the Committee on Appropriations.

HR 521-1167. By Messrs. Mulherin of the 78th, Thomason of the 77th, Blackshear of the 91st, Alexander of the 96th, Housley of the 117th, Hill of the 97th, Gary of the 21st, Brantley of the 114th and Horton of the 95th:
A Resolution proposing an amendment to the Constitution so as to confer upon counties and municipalities, or any combination thereof, certain power and authority to provide services; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

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

HB 1104. By Mr. Groover of the 27th: A Bill to be entitled an Act to amend Code Section 27-2505, as amended, which section relates to the time from which sentences in criminal cases shall run, so as to provide that a judge shall compute a sentence from a date prior to the date of sentence; and for other purposes.
HB 1105. By Mr. Groover of the 27th: A Bill to be entitled an Act to repeal the Act providing for counties to require the issuance of certain permits relative to the location or relocation of certain mobile homes; and for other purposes.

HB 1106. By Mr. Groover of the 27th:
A Bill to be entitled an Act to amend Code Section 27-2401, relating to stenographic notes, the entry of testimony on the minutes of the court, and transcripts or briefs, so as to provide that filing of untranscribed recording tapes, stenographic notes or like materials shall be sufficient entry on the minutes of the court; and for other purposes.

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HB 1107. By Mr. Adams of the 9th:
A Bill to be entitled an Act to amend an Act authorizing automobile wrecking companies to sell or otherwise dispose of certain motor vehicles, so as to change the time limit in which motor vehicles must be kept in custody; and for other purposes.

HB 1108. By Mr. Adams of the 9th: A Bill to be entitled an Act to amend Code Section 34-629, relating to where electors shall vote, so as to change the population figures therein; and for other purposes.
HR 500-1108. By Mr. Mullinax of the 30th: A Resolution compensating Mr. Luther King; and for other purposes.
HR 501-1108. By Mr. Shanahan of the 8th: A Resolution compensating Mr. Terrell Harris; and for other purposes.
HB 1109. By Messrs. Mullinax, Ware, Potts and Knight of the 30th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to extend and increase the corporate limits of the City of LaGrange; and for other purposes.

HB 1110. By Messrs. Ware, Mullinax, Potts and Knight of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to extend the corporate limits of the City; and for other purposes.

HB 1111. By Mr. Hill of the 97th:
A Bill to be entitled an Act to amend Code Section 92-5702, relating to the meaning of "fair market value", so as to provide that the sales price of property shall be deemed to be the fair market value thereof for the year during which sold; and for other purposes.

HB 1112. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to require the school boards of any school districts that maintain a recognized public school to establish and maintain preschool educational facilities; to define "preschool children"; and for other purposes.

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HB 1113. By Messrs. Miles of the 78th, Connell of the 79th, Smith and Sherman of the 80th, Groover of the 27th, Bohannon of the 20th, Isenberg of the 67th and others:
A Bill to be entitled an Act to amend an Act authorizing and empow ering the State Board of Education to administer any and all funds allocated for pupil transportation, so as to provide that it shall be unlawful to transport any student if a physician shall certify that transportation would be detrimental to the health of the student; and for other purposes.

HB 1114. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to provide that no individual, firm, corpora tion or business shall install, sell or offer for sale certain automatic hot water tanks or heaters without approved relief valves; and for other purposes.

HB 1115. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees of said County, so as to provide a new section for vesting privileges; and for other purposes.

HB 1116. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees of said County, so as to provide refund of employee's con tributions to estate where amount of pension paid does not equal total contributions paid; and for other purposes.

HB 1117. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees of said County, so as to provide that the Board of Trustees of said Fund shall have full power to invest and reinvest not more than 50% of assets of the Fund in stocks, bonds, mortgages, etc.; and for other purposes.

HB 1118. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County

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employees of said County, so as to provide that the highest 36 months of service shall be used in computing pensions; and for other purposes.

HR 502-1118. By Mr. Hill of the 97th:
A Resolution proposing an amendment to the Constitution to authorize the General Assembly to enact legislation treating buildings under con struction as a separate class from other classes of tangible property for ad valorem property tax purposes by providing for the assessment of such buildings on a quarterly basis for the taxation thereof; and for other purposes.
HR 503-1118. By Mr. Hill of the 97th:
A Resolution proposing an amendment to the Constitution to provide that no low rent housing project shall hereafter be developed, constructed or acquired within any city or county until a majority of the qualified electors of such city or county voting upon such issue approve such project by voting in favor thereof at an election to be held for that purpose; and for other purposes.
HR 504-1118. By Mr. Wheeler of the 57th:
A Resolution compensating Miss Jeanett Purdom; and for other pur poses.

HR 505-1118. By Mr. Alien of the 92nd: A Resolution compensating Mr. David Harn; and for other purposes.

HB 1119. By Messrs. Lane of the 101st, Adams of the 100th, Hudson of the 48th and Savage of the 104th:
A Bill to be entitled an Act to amend Code Section 27-901, relating to bail in capital and other cases, so as to provide that offenses involving the giving, selling, offering for sale, bartering or exchanging of any narcotic shall be considered as capital offenses as respects bailability; and for other purposes.

HR 506-1119. By Messrs. Lane of the 101st, Adams of the 100th, Colwell of the 5th, Leggett of the 67th, Toles of the 9th, and Hudson of the 48th:
A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $5,000 from all State and County ad valorem taxes for residents of Georgia who are 65 years of age or over or disabled and who have a net income not exceeding $6,000 for the immediately preceding taxable year; and for other purposes.

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HR 507-1119. By Messrs. Lane of the 101st, Toles of the 9th, Adams of the 100th and Hudson of the 48th:
A Resolution to repeal House Resolution No. 169-492 adopted at the 1971 session of the General Assembly of Georgia relating to homestead exemptions; and for other purposes.

HR 508-1119. By Messrs. Lane of the 101st, Adams of the 100th, Toles of the 9th, Larsen of the 113th, and others:
A Resolution proposing an amendment to the Constitution so as to limit the maximum amount of county school taxes to the amount of such taxes paid for the calendar year 1972 for any person who is 65 years of age or over and owns and occupies a homestead as his residence within this State when the net income of any such person, from all sources, does not exceed $6,000 for the immediately preceding taxable year; and for other purposes.
HB 1120. By Mr. Thomason of the 77th:
A Bill to be entitled an Act to amend an Act prohibiting the operation of clinical laboratories in this State unless licensed, so as to change the provisions relative to exceptions and exemptions from the provisions of said Act; and for other purposes.
HR 509-1120. By Messrs. Lane of the 101st, Toles of the 9th, Adams of the 100th, Hudson of the 48th and Colwell of the 5th:
A Resolution proposing an amendment to the Constitution so as to provide for a homestead exemption of $10,000 for certain totally and permanently disabled veterans certified as such by the United States Veterans Administration; and for other purposes.
HB 1121. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act, relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to include landscape architects and land surveyors within the provisions of said Act; and for other purposes.

HR 510-1121. By Messrs. Greer of the 95th and Smith of the 43rd:
A Resolution proposing an amendment to the Constitution so as to provide that each county or group of counties shall have legislative power to establish a commission with the authority to protect the rivers and flowing streams within the said county or group of counties; and for other purposes.

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HE 511-1121. By Messrs. Greer of the 95th, McCracken of the 36th and Smith of the 43rd:
A Resolution creating the No-Fault Insurance Study Committee; and for other purposes.

HB 1122. By Messrs. Thomason of the 77th and Melton of the 32nd:
A Bill to be entitled an Act to provide a severance tax on the severance of oil, gas and certain other petroleum related natural resources from the soil or water, or from beneath the soil or water of this State; and for other purposes.

HB 1123. By Messrs. Mauldin of the 12th, Moore of the 6th, Phillips of the 50th, Farrar of the 77th, Wood of the llth, Wheeler of the 57th, Jordan of the 74th and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the calculations of the amounts to be raised by local units of administration in support of the Minimum Foundation Program of Education; and for other purposes.
HR 512-1123. By Mr. Larsen of the 113th:
A Resolution compensating Mr. Henry R. Ferchaud; and for other purposes.

HB 1124. By Mr. Murphy of the 19th:
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, so as to provide that graduates of nationally ac credited law schools located within the State of Georgia shall not be required to stand or pass a Georgia Bar Examination; and for other purposes.

HB 1125. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 13-904, relating to applications for bank charters, so as to provide that the applicants shall not be required to divulge the name of the chief executive officer of any proposed new bank; and for other purposes.

HB 1126. By Mr. Murphy of the 19th:
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, so as to provide that students who are enrolled

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in the last two quarters or the last semester of legal study shall be eligible to stand the Georgia Bar Examination; and for other pur poses.

Pursuant to the provisions of HB 1, passed by the House and Senate during the 1971 Regular Session of the General Assembly (Act No. 2, Ga. Laws 1971, pp. 4-9), the Governor's plan of reorganization was called up for consideration by the Speaker.
Inasmuch as the aforementioned statute provides in Section 4 (b) paragraph 2, that in order to consider whether to delete any section of such plan a majority of a quorum of the body considering such plan shall be required, Mr. Busbee of the 61st moved that each and every section and subsection of said reorganization plan be considered by the House.
The motion prevailed.
Mr. Busbee of the 61st asked unanimous consent that the rules be suspended in order to allow each and every Constitutional Officer desiring to do so, along with the Governor and Lieutenant Governor of the State, the privilege of ap pearing before the House to express their opinions on the said reorganization plan.

The consent was granted.
The Constitutional Officers who addressed the House regarding the Gov ernor's reorganization plan were as follows:
The Honorable Tommy Irwin, Commissioner of Agriculture The Honorable Lester G. Maddox, Lieutenant Governor The Honorable Bill Burson, Treasurer The Honorable Jack Nix, State School Superintendent The Honorable Johnny Caldwell, Comptroller General The Honorable Ben Wiggins, Public Service Commissioner The Honorable Crawford Pilcher, Public Service Commissioner The Honorable Sam Caldwell, Commissioner of Labor His Excellency Governor Jimmy Carter
Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

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

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Representative Hall, Atlanta, Georgia Thursday, January 13, 1972

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 Lieutenant Colonel C. William Jaynes, Divisional Commander of the Salvation Army for Kentucky and Tennessee, Louisville, Kentucky.

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

Mr. Mauldin of the 12th, Acting Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1168. By Mr. Adams of the 9th: A Bill to be entitled an Act to amend Code Section 13-9933, relating to

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checks or drafts without funds, so as to change the provisions relating to checks or drafts without funds; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1169. By Messrs. Adams of the 100th, Smith of the 39th, Gary of the 21st and Johnson of the 29th:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to provide that trailers and semi-trailers of 2,500 pounds gross weight and less shall be exempt from the annual inspection provisions of said Act; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1170. By Messrs. Northcutt of the 21st, Longino of the 98th and Lee of the 21st:
A Bill to be entitled an Act to provide that no municipality shall have the power or authority to regulate in any manner the operation of any taxi or cab stand which is located upon private property; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1171. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Section 113-610, relative to the requirement that a custodian file a will with the ordinary so as to provide that in cases in which the spouse surviving heir said spouse may elect not to file the will for probate; and for other purposes.
Referred to the Committee on Special Judkiary.

HB 1172. By Messrs. Longino of the 98th, Jordan of the 74th, Williams, Wood and Whitmire of the llth, Brown of the 32nd, Miller of the 83rd and others:
A Bill to be entitled an Act to amend Chapter 13-2 of Title 13 of the Code of Georgia known as the "Banking Law", so as to clarify mean ings of certain words; to enact a new section prohibiting bank holding companies from acquiring shares of stock in a bank or corporation except under prescribed conditions; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 1173. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to change the amount of security on deposit with the Director which may be re turned to the Executor or Administrator of a deceased depositor or

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171

the surviving spouse or heirs if there is no Executor or Administrator; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1174. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Calhoun, so as to change the date of elections in said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 522-1174. By Mr. Stephens of the 103rd: A Resolution compensating Stella Dozier; and for other purposes.
Referred to the Committee on Appropriations.

HR 523-1174. By Mr. Sherman of the 80th:
A Resolution compensating Mr. Joseph D. Purvis, Special Agent in Charge, Federal Bureau of Investigation; and for other purposes.
Referred to the Committee on Appropriations.

HB 1175. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Section 105-2012 of the Code of Georgia providing for the right of contribution among several trespass ers, so as to provide the right of contribution from others shall be con tinued unabated and shall not be lost or prejudiced for settlement of a claim for wrongful death; and for other purposes.
Referred to the Committee on Judiciary.

HB 1176. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to provide that without the necessity of being charged by suit or judgment the right of indemnity, express or implied, from another or others shall continue unabated and shall not be lost or prejudiced by settlement of a claim for injury to person or property or for wrongful death and release therefrom; and for other purposes.
Referred to the Committee on Judiciary.

HB 1177. By Messrs. Wheeler of the 57th, Collins of the 62nd, Reaves of the 71st, Grantham of the 55th and others:
A Bill to be entitled an Act to amend an Act, relating to the sale of flue-cured leaf tobacco in this State, so as to authorize the Commis-

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sioner of Agriculture to promulgate regulations prescribing physical standards for leaf tobacco warehouses; and for other purposes.
Referred to the Committee on Agriculture.

HB 1178. By Messrs. Bennett of the 71st and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Section 9-202, relating to prior legal practice and experience qualification with respect to admis sion of attorneys from other states, so as to change the provisions relating to prior legal practice; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1179. By Messrs. Lambert of the 25th, Pickard of the 84th, Thompson of the 85th, Roach of the 10th, Bell of the 73rd and Carr of the 35th:
A Bill to be entitled an Act to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, so as to provide that no change shall be made by any utility in any rate^ charge, classification or service, or in any rule or regulation except upon 30 days' notice under certain conditions; and for other purposes.
Referred to the Committee on Industry.

HB 1180. By Messrs. Lambert of the 25th, Pickard of the 84th, Thompson of the 85th, Carr of the 35th, Bell of the 73rd, Collier of the 54th and Roach of the 10th:
A Bill to be entitled an Act to amend an Act entitled "The Georgia Administrative Procedure Act", so as to place the Public Service Commission under said Act; and for other purposes.
Referred to the Committee on Industry.

HB 1181. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia to be known as the Alcovy Judicial Circuit, to be composed of the counties of Newton and Walton; and for other pur poses.
Referred to the Committee on Special Judiciary.

HR 524-1181. By Mr. Atherton of the 117th:
A Resolution compensating Mr. Larry Wayne Pruitt; and for other purposes.
Referred to the Committee on Appropriations.

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173

HR 525-1181. By Messrs. Atherton, Wilson, Housley, Howard, Kreeger, Burruss and McDaniell of the 117th:
A Resolution authorizing a survey to be made by the Secretary of State involving certain properties in the 18th District of Cobb County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1182. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to termina tion of membership; and for other purposes.
Referred to the Committee on Education.

HB 1183. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to receiving creditable service for service rendered in a local system prior to mem bership; and for other purposes.
Referred to the Committee on Education.

HB 1184. By Messrs. Farrar of the 77th, Buck of the 84th, Mason of the 13th, Dean of the 19th, Coney of the 118th and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to service retirement benefits, allowance on service retirement and disability retirement allowance; and for other purposes.
Referred to the Commitee on Education.
HB 1185. By Messrs. McCracken of the 36th, Ware of the 30th, Wood of the llth, Gunter of the 6th, Shanahan of the 8th and Jessup of the 49th:
A Bill to be entitled an Act to amend an Act relating to the giving of security by owners and operators of certain motor vehicles and the revocation and suspension of certain driver's licenses, so as to delete therefrom certain of the restrictions placed upon the Director relative to the deposit of securities; and for other purposes.
Referred to the Committee on Motor Vehicles.
HR 526-1185. By Mrs. Merritt and Mr. Oxford of the 46th:
A Resolution authorizing the conveyance of certain real estate located in the City of Montezuma in Macon County; and for other purposes.
Referred to the Committee on State Institutions & Property.

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HB 1186. By Messrs. Thomason of the 77th and Nunn of the 41st:
A Bill to be entitled an Act to establish and create a program to provide scholarships to the children of law enforcement officers, fire men and prison guards who are permanently disabled or killed in the line of duty; to provide for the administration of the program of scholarships by the Georgia State Scholarship Commission; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 1187. By Messrs. Brown, Evans, Scarborough and Bennett of the 81st, Chappell of the 42nd, Brown of the 32nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that the Depart ment of Public Safety shall establish, maintain and operate motor vehicle safety inspection stations; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1188. By Mr. Brown of the 81st:
A Bill to be entitled an Act to amend Code Section 67-2003, relating to mechanics' liens, so as to provide that such liens may include certain claims for storage; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 527-1188. By Messrs. Shanahan of the 8th, Floyd of the 75th, Brantley of the 114th, Colwell of the 5th, Hood of the 99th, Dixon of the 65th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide that the property of any unmarried female who is 65 years of age or older and who has an income of $4,000 per year shall be exempt from all ad valorem taxation for school purposes; and for other purposes.
Referred to the Committee on Special Judiciary.

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

HB 1127. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act entitled "Griffin-Spalding County School System", so as to abolish the five districts designated as County Districts and the five designated as City Districts, and to provide for the election of 10 members of the Board of Education from the County at large; and for other purposes.

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175

HB 1128. By Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to change the compensation of the deputy director of the Department of Public Safety; and for other purposes.

HB 1129. By Messrs. Coiling and Geisinger of the 72nd, Bell and Noble of the 73rd:
A Bill to be entitled an Act to amend Code Section 48-709, relating to the eligibility of applicants for licenses to practice dentistry, so as to provide that aliens who have resided within the U. S. for at least 1 year and have filed a notice of intention to become a citizen shall be eligible to stand examination and upon completion and compliance with all other requirements shall be granted a license; and for other purposes.

HB 1130. By Messrs. Bennett of the 71st, Hays of the 1st, Toles of the 9th, Snow of the 1st, Bostick of the 63rd, Groover of the 27th and others:
A Bill to be entitled an Act to provide for licensing of itinerant vendors; to provide for a license tax; and for other purposes.

HB 1131. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, its powers and duties, so as to change the provisions relating to eligibility for paroles; and for other purposes.

HB 1132. By Messrs. Salem of the 51st, Lewis of the 37th, Collins of the 62nd, McCracken of the 36th, Russell of the 70th, Wamble of the 69th 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 calculation of the amounts to be raised by local units of administration; and for other purposes.

HB 1133. By Messrs. Scarborough of the 81st and Greer of the 95th:
A Bill to be entitled an Act to provide for the regulation of proprietary schools; and for other purposes.

HB 1134. By Messrs. Levitas of the 77th and Floyd of the 7th:
A Bill to be entitled an Act to provide that any State department, board, bureau, commission, authority or other State agency intending to apply for Federal Assistance under any Federal program shall notify the Legislative Budget Officer of the intention to apply for such Federal assistance; and for other purposes.

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HB 1135. By Messrs. Davis, Wood, Granade and Floyd of the 75th:
A Bill to be entitled an Act to amend an Act making it unlawful for any real estate agent or broker to induce any person to sell or rent his dwelling by the use of certain representations, so as to provide that it shall be unlawful for any real estate agent or broker to induce any person to sell or rent his dwelling except under certain circumstances; and for other purposes.

HB 1136. By Messrs. Davis, Wood, Granade and Floyd of the 75th:
A Bill to be entitled an Act to amend Code Chapter 93-3, relative to the jurisdiction, powers and duties of the Georgia Public Service Commission, so as to authorize and direct the Commission to promulgate rules and regulations whereby telephone subscribers shall have the right to prohibit telephone solicitations; and for other purposes.

HB 1137. By Messrs. Davis, Wood, Granade of the 75th:
A Bill to be entitled an Act to amend Code Section 67-117, relating to cancellation of mortgages, so as to change the provisions relating to cancellation of mortgages; and for other purposes.

HB 1138. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend Code Section 113-1212, relating to citation, hearing and the granting of letters of administration, so as to clarify the meaning of the notice and service provisions; and for other purposes.

HB 1139. By Messrs. Jordan of the 74th, Bell of the 73rd, Russell of the 77th, Sorrells of the 24th, Davis, Wood and Floyd of the 75th:
A Bill to be entitled an Act to provide that the publisher of any news paper in this State which publishes legal notices or advertisements shall follow certain procedures to assure quick identification and reading of legal notices or advertisements by the general public; and for other purposes.

HB 1140. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to provide that no county or municipality shall require any person employed by any such governmental unit in the capacity of a fireman to be on duty as such for more than 56 hours during any seven consecutive day period; and for other purposes.

HB 1141. By Messrs. Toles, Lowrey and Adams of the 9th: A Bill to be entitled an Act to amend an Act establishing the Teachers'

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Retirement System, so as to change the definition of the term "teacher"; to provide that clerical personnel employed by regional and county libraries may become members of said Retirement System; and for other purposes.

HB 1142. By Messrs. Snow and Clements of the 1st and Dean of the 13th:
A Bill to be entitled an Act to amend Code Section 20-506, relating to at torney's fees upon any note or other evidence of indebtedness, so as to provide there shall be a conclusive presumption that notice was received more than 10 days prior to the sale date or a letter properly addressed to the address of the property at least 15 days prior to the date of sales; and for other purposes.

HB 1143. By Messrs. Snow and Clements of the 1st:
A Bill to be entitled an Act to amend Code Section 26-601, relating to the definition of the term "crime", so as to change said definition; and for other purposes.

HB 1144. By Messrs. Snow and Clements of the 1st and Dean of the 13th:
A Bill to be entitled an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement and providing for the establish ing of a Joint Municipal Retirement System, so as to redefine the term employee in order to distinguish between full-time salaried or hourly rated person in the active service of municipal corporation; and for other purposes.

HB 1145. By Messrs. Snow, Hays and Clements of the 1st, Peters of the 2nd, Lowrey, Toles and Adams of the 9th:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Library Compact"; to enact said compact into law; and for other purposes.

HB 1146. 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 number of councilmen; and for other purposes.

HB 1147. By Messrs. Snow, Hays and Clements of the 1st:
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.

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HB 1148. By Messrs. Snow, Hays and Clements of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Lookout Mountain, so as to regulate the imposition and collection of a garbage service charge by said city; to strike entirely the section relating to the operation of a service station; and for other purposes.

HB 1149. By Messrs. Snow, Hays and Clements of the 1st:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Walker County upon an annual salary, so as to change the provisions relating to the compensation of said officer; and for other purposes.

HB 1150. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 113-903, relating to the rules of inheritance, so as to provide for inheritance by the grandmothers and grandfathers of the intestate; and for other purposes.

HB 1151. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to motor vehicle liability insurance requirements and uninsured motor vehicle coverage, so as to provide for service of summons by publication; and for other purposes.

HR 513-1151. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to provide for the restoration of all rights, privileges and immunities of citizenship which have been removed or impaired as a result of the conviction of any crime, upon an unconditional release from prison fol lowing the completion of the sentence or upon the expiration of any period or parole; and for other purposes.

HR 514-1151. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for compensating victims of crime; and for other purposes.

HR 515-1151. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to abolish the doctrine of sovereign immunity; to provide for civil actions against the State or any department, agency or political subdivision thereof for the recovery of damages caused by the negligence of an employee of the State or any department, agency or political sub division thereof; and for other purposes.

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HR 516-1151. By Messrs. Cole and Turner of the 3rd: A Resolution compensating Mr. O. L. Kelehear; and for other purposes,

HR 517-1151. By Messrs. Snow, Hays and Clements of the 1st:
A Resolution compensating Mr. Grady A. Ferrill; and for other pur poses.

HR 518-1151. By Messrs. Snow, Hays, and Clements of the 1st, Peters of the 2nd:
A Resolution designating a certain portion of Georgia Highway 2 as "The Battlefield Parkway"; and for other purposes.

HB 1152. By Messrs. Northcutt of the 21st and Griffin of the 68th:
A Bill to be entitled an Act to amend an Act authorizing the Governor to reorganize the Executive Branch of Government, so as to provide for the expiration of the provisions of said Act; and for other purposes.

HB 1153. By Messrs. Brown, Evans, Pinkston and Scarborough of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act entitled "The Uniform Act Regulating Traffic on Highways", so as to change the definition of the term "school bus"; and for other purposes.

HB 1154. By Messrs. Davis of the 86th, Groover of the 27th, Marcus of the 105th, Russell and Thomason of the 77th, Sorrells of the 24th and others:
A Bill,to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to delete the provision that appeals from the Safety Fire Commissioner shall be de novo; and for other purposes.

HB 1155. By Messrs. Thomason of the 77th, Isenberg of the 67th, Bennett of the 81st, Leggett of the 67th, Carr of the 35th, Hudson of the 28th, Brown of the 81st and others:
A Bill to be entitled an Act to amend Code Title 30, relating to divorce and alimony, so as to completely and exhaustively revised, amend and supersede the laws of this State relating to divorce, alimony and supporting of minors; and for other purposes.

HB 1156. By Mr. Dean of the 76th:
A Bill to be entitled an Act to provide certain requirements relative to the construction of buildings accessible to and usable by the physically handicapped; and for other purposes.

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HB 1157. By Messrs. Dean of the 76th and Griffin of the 68th:
A Bill to be entitled an Act to create the Consumer Affairs Advisory Commission; to provide for the compensation, duties, authorities and functions of said Commission; and for other purposes.

HB 1158. By Mr. Dean of the 76th:
A Bill to be entitled an Act to require the State Board of Education to provide ear examinations for students in the public schools in this State; and for other purposes.

HB 1159. By Mr. Dean of the 76th:
A Bill to be entitled an Act to require the State Board of Education to provide dental examinations for students in the public schools in this State; and for other purposes.

HB 1160. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act providing that cities shall furnish pensions to officers and employees of such cities and for such other purposes set forth in said caption of said Act, so as to remove any restrictions or limitations on account of future participation in the Federal 0.A.S.I, program; and for other purposes.

HB 1161. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act approved August 20, 1972, so as to provide that a statement of accumulations in the pension fund shall be sent to each employee at the end of each year; and for other purposes.

HB 1162. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act providing that cities shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act, so as to provide for an increase of retirement or pension benefits for certain retired persons under certain circumstances; and for other purposes.

HB 1163. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend the Act providing that cities furnish pensions to officers and employees of such cities and for such purposes set forth in the caption of said Act, so as to provide that those persons who are employed as professional personnel by the Atlanta Public School System and transfer to another school system shall be permitted to transfer pension funds; and for other purposes.

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181

HB 1164. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, so as to provide that an employee who is participating under the pro visions of this Act and who leaves the employ of such city prior to retirement shall have refunded to him half the equal amount which was paid into the fund plus 3-1/2% interest; and for other purposes.

HB 1165. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act providing that cities shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act, so as to change the pension provisions for certain officers and employees; and for other purposes.

HB 1166. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act providing that cities shall furnish benefits to officers and employees of such cities and for such other purposes set forth in the caption of said Act, so as to change the provisions relative to deferred pension benefits for those persons leaving the employment of said city; and for other purposes.

HR 519-1166. By Mr. Greer of the 95th:
A Resolution creating the Joint City of Atlanta Employees' Pension Fund Study Committee; and for other purposes.

HB 1167. By Messrs. Dixon of the 65th and Carter of the 64th:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners of Plumbing Contractors, so as to extend the time during which a person may qualify as a master plumber, a contracting plumber or a journeyman plumber without the necessity of taking the examination provided by said Act; and for other purposes.

HR 520-1167. By Mr. Dixon of the 65th:
A Resolution compensating Mrs. Virginia Gornto; and for other pur poses.

HR 521-1167. By Messrs. Mulherin of the 78th, Thomason of the 77th, Blackshear of the 91st, Alexander of the 96th, Housley of the 117th, Hill of the 97th, Gary of the 21st, Brantley of the 114th and Horton of the 95th:
A Resolution proposing an amendment to the Constitution so as to confer upon counties and municipalities, or any combination thereof, certain power and authority to provide services; and for other purposes.

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Mr. Levitas of the 77th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

^S 1

Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1109. Do Pass.
HB 1110. Do Pass.

Respectfully submitted, Levitas of the 77th District, Chairman.

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

HB 1109. By Messrs. Mullinax, Ware, Potts and Knight of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange, so as to extend and increase the corporate limits of the City of LaGrange; and for other purposes.

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

On the passage of the Bill, the ayes were 99, nays 0.

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

HB 1110. By Messrs. Ware, Mullinax, Potts and Knight of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hogansville, so as to extend the corporate limits of the City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 99, nays 0.

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183

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

Mr. Northcutt of the 21st arose to a point of personal privilege and addressed the House.

Under the provisions of HB 1, passed by the 1971 Session of the General Assembly (Act No. 2, Ga. Laws 1971, pp. 4-9), the Executive Reorganization Plan of 1972 was again taken up for consideration.

The Speaker advised the members that the plan would be taken up Section by Section and would be approved accordingly unless a request for veto shall have been filed with the Clerk or voiced at the time of consideration and that no motions of reconsideration of Sections will be entertained.

The following caption was read and approved:
A Plan to comply with the direction of the General Assembly as provided for in an Act approved February 15, 1971, entitled "An Act to charge and authorize the Governor as Chief Executive, within con stitutional and other limitations, to direct and effectuate the reorganiza tion of any one or more departments, agencies, commissions, boards or bureaus of the Executive Branch of State Government, or of any func tions thereof; to provide definitions; to provide criteria for the exercise of such authority; to provide when and under what conditions such re organization shall become effective and final; to provide for an expira tion date; to provide for severability; to repeal conflicting laws; and for other purposes," (Ga. Laws 1971, p. 4) ; to simplify the operations of the Executive Branch of State Government and make said Executive Branch more effective and more responsive to the needs of the people of the State of Georgia by redistributing the powers, duties and func tions of the Executive Branch among such offices, boards, commissions, and departments as are herein continued or established; to define such powers, duties, and functions and coordinate the same; to provide for the implementation of such reorganization; to provide an effective date; and for other purposes.

The following Sections were read and approved:
BE IT APPROVED AND RATIFIED BY THE GENERAL AS SEMBLY OF GEORGIA:
CHAPTER 1. GENERAL PROVISIONS
Section 101. Short Title.
This Plan shall be known and may be cited as "Executive Reorganiza tion Plan of 1972."

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Section 102. Declaration of Policy and Purpose.

(a) The State Constitution contemplates a separation of power within State Government among the Legislative, the Executive, and the Judicial Branches of government. The Legislative Branch determines
policies and programs and reviews program performance. The Executive Branch executes programs and policies adopted by the Legislature and
makes policy recommendations to the Legislature. The Judicial Branch determines the constitutional propriety of the policies and programs and
adjudicates conflicts arising from the interpretation or application of
the laws.

(b) Within constitutional limitations and in accordance with the charge of the 1971 General Assembly as expressed in an Act of the
Georgia General Assembly approved February 15, 1971, (Act No. 2, Ga. Laws 1971, p. 4), the agencies which comprise the Executive Branch should be consolidated into a reasonable number of departments con
sistent with executive capacity to administer effectively at all levels. The agencies in the Executive Branch should be merged into one of the
departments of the Executive Branch established or continued under this Plan to achieve maximum efficiency and effectiveness.

(c) Structural reorganization should be a continuing process
through careful executive and legislative appraisal of the placement of proposed new programs and the coordination of existing programs in
response to public needs. It is the public policy of this State and the purpose of this Plan to create a structure of the Executive Branch of
State Government which is responsive to the needs of the people of this State and sufficiently flexible to meet changing conditions; to promote
economy and efficiency in the operation and management of State Gov ernment; to improve services to the citizens of the State; to conserve the human and natural resources of the State; to promote orderly growth
of the State and its Government; to strengthen the executive capacity to administer effectively and efficiently at all levels; to encourage great er participation in State Government; to effect the grouping of State agencies into a reasonable number of departments primarily according
to function; to provide that the responsibility within the Executive Branch of State Government for the implementation of programs and policies is clearly fixed and ascertainable; and to eliminate overlapping
and duplication of effort within the Executive Branch of State Gov ernment.

(d) It is the intent of this Reorganization Plan to simplify the operations of the Executive Branch of State Government and to provide for the orderly transfer of functions of existing agencies to departments provided by this Plan, with the least disruption of the delivery of gov ernmental services.
(e) It is further the intent of this Reorganization Plan not to in crease, decrease, or change the statutory powers of any agency existing before the effective date of this Plan, unless such intent is specifically expressed herein.

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Section 103. Definitions. As used in this Plan:

(a) "Agency" means any officer, department, division, bureau, board, commission or agency in the Executive Branch of State Gov ernment.

(b) "Unit" means an internal subdivision of an agency, created by statute or by administrative action, including a division, bureau, section, or department, or an agency assigned to a department for administrative purposes only as provided in Section 105 of this Plan.

(c) Except when used in connection with the name of an agency existing before the effective date of this Plan, "department" means a principal, functional and administrative entity provided for by this Plan, within the Executive Branch of State Government and includes its divisions.

(d) "Department head" means a director, commission, board, com missioner, or constitutional officer or such other official in charge of a department continued or created by this Plan.

(e) "Function" means a duty, power, or program exercised by or assigned to an agency, whether or not specifically provided for by law, including budgeted positions and personnel relating to the per formance of such function unless otherwise provided by this Plan.

(f) "Constitution" means the Constitution of the State of Georgia of 1945 as amended.

(g) Unless otherwise required by the context of this Plan, the terms "policy" or "policy-making" as used in this Plan mean those functions related to establishing the general direction which programs of an agency shall take.

(h) Unless otherwise required by the context of this Plan, the term "administrative" is used to refer to functions related to the specific implementation of general policies.

(i) "Classified service" means a position included in the State Merit System of Personnel Administration subject to the laws, rules, and regulations relating to the State Personnel Board and the State Merit System of Personnel Administration.

The following Section was read and a request for veto filed with the Clerk:
Section 104. Structure of Executive Branch of State Government.
(a) All executive offices, boards, commissions, committees, agencies, departments, bureaus, and instrumentalities of the Executive Branch

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of State Government, and their respective functions, are allocated by this Plan among and within the following departments or offices con tinued or established by this Plan:
Governor Lieutenant Governor Department of Administrative Services Department of Agriculture Department of Audits and Accounts Department of Industry and Trade Comptroller General Department of Defense Department of Education Department of Financial Regulation Department of Human Resources Department of Labor Department of Law Department of Natural Resources Department of Public Safety Public Service Commission Department of Revenue Secretary of State State Scholarship Commission Department of Transportation Treasurer Board of Regents of the University System of Georgia State Department of Veterans Service

(b) For its internal structure, each department shall adhere to the
following standard terms: (1) the principal unit of a department is a "division." Each division shall be headed by a "director." (2) The principal unit of a division is a "section." Each section shall be headed
by a "supervisor."

The following Section was read and a request for veto filed with the Clerk:
Section 105. Assignment for Administrative Purposes only.
(a) An agency assigned to a department for administrative pur poses only in this Plan shall:

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(1) Exercise its quasi-judicial, rule-making, licensing or policy-making functions independently of the department and without approval or control of the department. The Governor shall resolve any questions concerning whether a function is policymaking or administrative and his decision shall be final.

(2) Prepare its budget, if any, and submit its budgetary re quests, if any, through the department.

(b) The department to which an agency is assigned for adminis trative purposes only in this Plan shall:

(1) Provide record keeping, reporting, and related adminis trative and clerical functions for the agency and provide staff for the agency; in addition the department shall include in the depart mental budget the agency's budgetary request, if any, as prepared and submitted to the department.

(2) The agency may hire its own personnel only if authorized in this Plan or the Constitution; provided, however, with the approval of the Governor the agency may hire personal secretaries and its chief administrative officer.

(3) Disseminate for the agency any required notices, rules, or orders adopted, amended, or repealed by the agency.

(c) Whenever any authority is assigned for administrative pur poses, it means only that the State Department through which the au
thority deals with the State shall be that Department to which the authority is assigned by this Plan. Any authority created by Georgia law shall retain its separate identity as an instrumentality of the State and a public corporation. The Department to which an authority is assigned is authorized to perform for such authority all functions set forth in Section 105 (b) (1).

(d) Any retirement system assigned for administrative purposes shall retain its separate identity and the department to which it is assigned is authorized to perform for such retirement system all func tions set forth in Section 105 (b) (1).

The following Sections were read and approved:
Section 106. Prior Right of Department Head to Agencies and Records.
In order that a department head appointed or holding office pur suant to this Plan might formulate and effectuate plans for the internal organization and the fiscal and personnel administration of the agency which he will administer, each such department head shall, after ratifi cation of this Plan and, where applicable, after his appointment, have full access to all agencies or units (including records) whose functions will be placed within his department by this Plan.

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Section 107. Creation of Advisory Councils.

A department head or the Governor may create advisory councils. Any other official or agency of the Executive Branch of State Govern ment may also create advisory councils, but only if federal law or regulation requires that such official or agency create the advisory council as a condition to the receipt of federal funds. Advisory councils may be created only for the purpose of acting in an advisory capacity. Unless otherwise provided by law, any such advisory council shall have a definite termination date in the instrument creating it, such date not to extend beyond the term of the Governor holding office at the time of the creation of such council.

Section 108. Agencies Abolished with Multiple Transfers.

If any agency is abolished before all of its functions have been transferred to other departments as provided by this Plan, the depart ment created in the chapter of this Plan under which the agency is abolished shall succeed to the remaining functions.

Section 109. Agencies Abolished.

Any agency all of whose functions are transferred to another agency or agencies as provided in this Plan is abolished as a separate agency.

Section 110. Rights of State Personnel.

Unless otherwise provided in this Plan, each State officer or employee affected by the reorganization of the Executive Branch of State Government under this Plan shall be entitled to all rights which he possessed as a State officer or employee before the effective date of the applicable provision of this Plan, including all rights of rank or grade, rights to vacation, sick pay and leave, rights under any retire ment or personnel plan, and any other rights under any law or ad ministrative policy. This section is not intended to create any new rights for any State officer or employee, but to continue only those rights in effect before the effective date of the applicable provision of this Plan.

The following Section was read and a request for veto filed with the Clerk:
Section 111. Rights to Property.
(a) The department which succeeds to all or part of the functions of an agency under this Plan also succeeds to the rights to all real and personal property of that agency relating to the functions or parts of functions transferred. The property shall include real property, records, office equipment, supplies contracts, books, papers, documents, maps, appropriations, accounts within and without the State Treasury, funds, vehicles, and all other similar property. However, the department or unit may not use property nor may it use or divert monies in a fund

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or an account for any purpose other than provided by law. The Governor shall resolve any conflict as to the proper disposition of the property and his decision shall be final.

(b) The real property of any agency abolished by this Reorganiza tion Plan, the functions of which agency are not continued or trans ferred to a department provided by this Plan, shall be transferred to the State Properties Control Commission, unless otherwise provided by this Plan.

(c) The personal property of any agency abolished by this Re organization Plan, the functions of which agency are not continued or
transferred to a department provided by this Plan, shall be transferred to the Department of Administrative Services, unless otherwise pro vided by this Plan. Any funds held by any such agency shall revert to the General Fund of the State.

(d) This section does not apply to property owned by the federal government or any local governments.

The following Sections were read and approved:
Section 112. Rules, Regulations, and Orders.
The department which succeeds to all or part of the functions of an agency under this Plan other than an agency assigned to the depart ment for administrative purposes, also succeeds to the rules, regula tions, and orders of that agency and the power of that agency to make rules and regulations relating to the functions or parts of functions transferred. The rules, regulations, and orders of any agency in effect before the effective date of the provisions of this Plan affecting the agency remain in effect until amended, repealed, superseded or nullified by proper authority or as otherwise provided by law.
Section 113. Legal Proceedings.
This Plan shall not affect the validity of any judicial or adminis trative proceeding pending or which could have been commenced before the effective date of the applicable provisions of this Plan, and the department which succeeds to the functions of an agency relating to the proceeding shall be substituted as a party at interest.
Section 114. Rights and Duties Under Existing Transactions.
The rights, privileges, and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other transactions entered into, before the effective date of the applicable provision of this Plan, by the State or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein, remain in effect and none of those rights, privileges, duties, covenants, or agreements is impaired or diminished by reason of the transfer of the functions of an agency or the abolition of an agency in this Plan.

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The department which succeeds to the functions of an agency is substi tuted for that agency and succeeds to its rights and duties under th& provisions of those bonds, contracts, leases, indentures, and other trans actions.

Section 115. References.
Unless inconsistent with this Plan, whenever an agency existing" before the effective date of the provision of this Plan affecting that agency is referred to by any law, contract, or other document, that reference applies to the department to which the respective functions, are transferred by this Plan.

The following Section was read and a request for veto filed with the Clerk:
Section 116. Compensation of Department Heads and Commis sioners.
The heads of departments continued by this Plan shall be com pensated as presently provided by law. The compensation of the heads of departments created by this Plan shall be determined by the General Assembly. Compensation for unclassified positions within any agency created by this Plan shall be established by the official in charge of the agency.

The following Section was read and approved:
Section 117. Agencies--Continuation.
Any existing agency not provided for in this Plan but established! or created by the General Assembly shall continue to exercise all of its functions.

The following Sections were read and requests for vetoes were filed with the Clerk:
Section 118. Chairmen of Boards.
Unless otherwise provided by law, the chairman of a policy board shall be appointed by the Governor.
Section 119. Federal Aid.
Whenever any agency or function is transferred, the resultingagency performing the transferred function shall be construed as a continuation of the original agency for the purposes of federal aid, and

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191

may continue to receive any such funds to carry out or perform such functions.

The following Sections were read and approved:
CHAPTER 2. GOVERNOR
Section 201. The Governor--Continued.
The Governor, provided for in Article V, Section I, Paragraph I of the Constitution, and his functions, and the functions of his office, are continued except those functions relating to the Bureau of State Plan ning and Community Affairs and the Budget Bureau which are trans ferred to the Office of Planning and Budget, the Department of In dustry and Trade, and the Department of Human Resources in Chapters 2, 7, and 12 respectively of this Plan, the State Library which is trans ferred to the Department of Law in Chapter 14, and the Division of Conservation and the Commissioner of Conservation which are trans ferred to the Department of Natural Resources in Chapter 15 of this Plan.
Section 202. Office of Planning and Budget--Created.
There is created in the office of the Governor an Office of Plan ning and Budget. This Office shall have a director whose title shall be Director of the Office of Planning and Budget. The Director shall be responsible for management of the Office and exercise supervision and control over the Office. The Director shall be appointed by and serve at the pleasure of the Governor.

The following Sections were read and requests for vetoes filed with the Clerk:
Section 203. State Planning and Community Affairs Policy Board --Functions Transferred.
All of the functions of the State Planning and Community Affairs Policy Board, created in Ga. Laws 1970, p. 321 (Ga. Code Ann. 40-2909), are transferred as provided in Section 205 of this Plan.
Section 204. State Planning and Community Affairs Officer-- Functions Transferred.
All the functions of the State Planning and Community Affairs Officer, created in Ga. Laws 1970, p. 321 (Ga. Code Ann. 40-2909), are transferred to the Director of the Office of Planning and Budget created in this Chapter. Unless inconsistent with this Plan, any refer ence in Georgia Laws to the State Planning and Community Affairs Officer means the Director of the Office of Planning and Budget.

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Section 205. Bureau of State Planning and Community Affairs-- Functions Transferred.

(a) All of the functions of the Bureau of State Planning and Community Affairs, set forth in Ga. Laws 1967, p. 252, (Act No. 123), Sections 5 and 6 are transferred to the Department of In dustry and Trade. All other functions of the Bureau of State Planning and Community Affairs, set forth in Ga. Laws 1967, p. 252, are transferred to the Office of Planning and Budget unless otherwise inconsistent with this Plan.

(b) All functions of the Bureau of State Planning and Com munity Affairs, set forth in Ga. Laws 1970, pp. 321-332, (Act No. 1066), Sections 4f, 6, 8b, 9, lOa and lOc are transferred to the Office of Planning and Budget. All functions set forth in Sec tions 2, 3b, 3c, 4a, 4b, 4c, 4e and 7 of Ga. Laws 1970, pp. 321-332 are abolished. All other functions, set forth in Ga. Laws 1970, pp. 321-332, except those provided in Section lOe, transferred to the Department of Human Resources in Section 1211 of this Plan, and Sections 3a, 11, and 12, are transferred to the Department of Industry and Trade. The functions set forth in Sections 3a, 11 and 12 of said statute are transferred to the Board of Commis sioners of the Department of Industry and Trade.

The following Sections were read and approved:
Section 206. Budget Bureau--Functions Transferred.
All of the functions of the Budget Bureau and the State Budget Officer established in the office of the Governor, Ga. Laws 1962, p. 17, as amended (Ga. Code Ann. 40-401 et seq.), are transferred to the Office of Planning and Budget and the Director of the Office of Planning and Budget, respectively. Unless inconsistent with this Plan, any reference in Georgia laws to the Budget Bureau and the State Budget Officer means the Office of Planning and Budget and theDirector of the Office of Planning and Budget, respectively.
Section 207. Georgia Commission on the Arts--Transferred.
All of the functions of the Georgia Commission on the Arts, created: in Ga. Laws 1968, p. 1235 (Ga. Code Ann. Ch. 40-26), are transferred tothe Office of Planning and Budget. The Governor shall appoint such advisory councils on the Arts as he deems necessary and appropriate. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Commission on the Arts means the Office of Planning and Budget created in this Chapter.
Section 208. Georgia Science and Technology Commission--Trans ferred.
All of the functions of the Georgia Science and Technology Com mission, created in Ga. Laws 1964, p. 717, as amended (Ga. Code Ann..

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193

43-1001 et al.), are transferred to the Office of Planning and Budget. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Science and Technology Commission means the Office of Planning and Budget created in this Chapter.

Section 209. Institute for Research in Bio-Technology--Abolished.

The Institute for Research in Bio-Technology, created in Ga. Laws 1969, p. 987 (Ga. Code Ann. 43-1008), and its functions are abolished.

CHAPTER 3. LIEUTENANT GOVERNOR
Section 301. The Lieutenant Governor--Continued.
The Lieutenant Governor, provided for in Article V, Section I, Paragraph VII of the Constitution, and his functions are continued.

The following Section was read and a request for veto filed with the Clerk:
CHAPTER 4. DEPARTMENT OP ADMINISTRATIVE SERVICES
Section 401. Department of Administrative Services--Created; Head.
There is created a Department of Administrative Services. The department head is the Commissioner. The Commissioner shall be ap pointed by the Governor by and with the advice and consent of the Senate. The Commissioner shall serve at the pleasure of the Governor.

The following Section was read and approved:
Section 402. Supervisor of Purchases--Functions Transferred.
All of the functions of the Office of Supervisor of Purchases and the Supervisor of Purchases, created by Ga. Laws 1931, p. 7, as amended (Ga. Code Ann. Ch. 40-19), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Office of Supervisor of Purchases or the Supervisor of Purchases means the Department of Administrative Services.

The following Section was read and a request for veto filed with the Clerk:
Section 403. Air Transportation--Functions Transferred.
All of the functions of the State Department of Air Transportation and the State Board of Air Transportation, created by Ga. Laws 1968,

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p. 130 (Ga. Code Ann. Ch. 40-30), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the
State Department of Air Transportation or the State Board of Air Transportation means the Department of Administrative Services.

The following Sections were read and approved:
Section 404. State Communications Committee--Functions Trans ferred.
All of the functions of the State Communications Committee, created by Ga. Laws 1969, p. 616, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Communications Committee means the Department of Ad ministrative Services.
Section 405. Advisory Council on Georgia Government Docu ments--Functions Transferred.
All of the functions of the Advisory Council on Georgia Government Documents, created by Ga. Laws 1971, p. 216, are transferred to the Department. Unless inconsistent with this Plan, any reference in Geor gia Laws to the Advisory Council on Georgia Government Documents means the Department of Administrative Services.

Section 406 was deleted pursuant to objection of State School Super intendent.
The following Section was read and approved:
Section 407. Highway Department--Functions Transferred.
The self-insurance Workmen's Compensation functions of the State Highway Department of Georgia, provided for in Ga. Laws 1969, p. 234 (Ga. Code Ann. 89-926), are transferred to the Department
The following Sections were read and requests for vetoes filed with the Clerk:
Section 408. Additional Functions Transferred.
The Governor shall have the authority to transfer the printing, duplication, reproduction, and copying functions of all State agencies to the Department. This Section shall be implemented by Executive Order of the Governor, and he shall have the authority to implement this Section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transfer, the Governor shall consult with the head of the department affected and shall insure that such transfer shall not interrupt such department's services.

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Section 409. Additional Functions Transferred.

The Governor shall have the authority to transfer the electronic data processing and electronic computer service functions of all State agencies to the Department. This Section shall be implemented by Executive Order of the Governor, and he shall have the authority to implement this Section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transfer, the Governor shall consult with the head of the de partment affected and shall insure that such transfer shall not inter
rupt such department's services.

Section 410. State Treasurer--Functions Transferred.

The functions of the State Treasurer and the Treasury Department relating to payment of salaries and expenses to Judges, provided for in Ga. Laws 1945, p. 1199, as amended (Ga. Code Ann. 24-2606.1), Ga. Laws 1969, p. 113 (Ga. Code Ann. 24-2606.2), and District Attorneys, provided for in Ga. Laws 1966, p. 438, as amended (Ga. Code Ann. 24-2904.1), Ga. Laws 1968, p. 992, as amended (Ga. Code Ann. 24-2922, et al.), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Treasurer or the Treasury Department relating to the functions transferred to the Department in this Section means the Department of Administrative Services.

Section 411 was deleted pursuant to objection of State Treasurer.

The following Sections were read and approved:
Section 412. Secretary of State--Functions Transferred.
The functions of the Secretary of State, provided for in Ga. Laws 1970, p. 672 (Ga. Code Ann. Ch. 91-4A), relating to inventory of real property and requirements relating to the acquisition or disposition of real property, except the function of filing and retaining conveyances and plats, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Secretary of State relat ing to the functions transferred to the Department in this Section means the Department of Administrative Services.
Section 413. State Properties Control Commission--Continued; As signed.
The State Properties Control Commission, created by Ga. Laws 1964, p. 146, as amended (Ga. Code Ann. Ch. 91-1A), and its functions are continued. The State Properties Control Commission is assigned to the Department for administrative purposes only as prescribed in Sec tion 105 of this Plan.

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Section 414. State Properties Acquisition Commission--Functions Transferred.

All of the functions of the State Properties Acquisition Commis sion, created by Ga. Laws 1965, p. 396 (Ga. Code Ann. Ch. 36-1A), are transferred to the State Properties Control Commission. Unless in consistent with this Plan, any reference in Georgia Laws to the State Properties Acquisition Commission means the State Properties Control Commission.

Section 415. Mineral Leasing Commission--Functions Transferred.

All of the functions of the Mineral Leasing Commission, created by Ga. Laws 1945, p. 352, as amended (Ga. Code Ann. 91-118), are trans ferred to the State Properties Control Commission. Unless inconsistent with this Plan any reference in Georgia Laws to the Mineral Leasing Commission means the State Properties Control Commission.

The following Sections were read and requests for vetoes filed with the Clerk:
Section 416. Employees Retirement System of Georgia--Continued; Assigned.
The Employees Retirement System of Georgia, created by Ga. Laws 1949, p. 138, as amended (Ga. Code Ann. Ch. 40-25), and its functions are continued. The System is assigned to the Department for adminis trative purposes only as prescribed in Section 105 of this Plan.
Section 417. Teachers Retirement System of Georgia--Continued; Assigned.
The Teachers Retirement System of Georgia, created by Ga. Laws 1943, p. 640, as amended (Ga. Code Ann. Ch. 32-29), and its functions are continued. The System is assigned to the Department for adminis trative purposes only as prescribed in Section 105 of this Plan.
Section 418. State Depository Board--Continued; Assigned.
The State Depository Board, created by Ga. Laws 1949, p. 13, as amended (Ga. Code Ann. Ch. 100-1), and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.
Section 419. Georgia Education Authority (University)--Con tinued: Assigned.
The Georgia Education Authority (University), created by Ga. Laws 1949, p. 1009, as amended (Ga. Code Ann. Ch. 32-1A), and its functions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

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The following Sections were read and approved:

. ....;. ; :

Section 420. Georgia Education Authority (Schools)--Continued: Assigned.

The Georgia Education Authority (Schools), created by Ga. Laws 1951, p. 241, as amended (Ga. Code Ann. Ch. 32-14A), and its functions are continued. The Authority is assigned to the Department for adminis trative purposes only as prescribed in Section 105 of this Plan.

Section 421. Georgia Building Authority--Continued; Assigned.

The Georgia Building Authority, created by Ga. Laws 1951, p. 699, as amended (Ga. Code Ann. Ch. 91-5A), and its functions are continued. The Authority is assigned to the Department for administrative pur poses only as prescribed in Section 105 of this Plan.

The following Sections were read and requests for vetoes filed with the Clerk

Section 422. Georgia Building Authority (Hospital)--Continued; Assigned.

The Georgia Building Authority (Hospital), created by Ga. Laws 1939, p. 144, as amended (Ga. Code Ann. Ch. 99-14), and its functions
are continued. The Authority is assigned to the Department for ad ministrative purposes only as prescribed in Section 105 of this Plan.

Section 423. Georgia Building Authority (Markets)--Continued; Assigned.

The Georgia Building Authority (Markets), created by ;Ga. Laws 1955, p. 224, as amended (Ga. Code Ann. Ch. 65-3), and its functions are continued. The Authority is assigned to the Department for ad ministrative purposes only as prescribed in Section 105 of this Plan.

Section 424. Georgia Building Authority (Penal)--Continued;

Assigned.

.. .

The Georgia Building Authority (Penal), created by Ga. Laws 1960, p. 892, as amended (Ga. Code Ann. Ch. 77-10), and its functions are continued. The Authority is assigned to the Department for ad ministrative purposes only as prescribed in Section 105 of this Plan.

The following Section was read and approved:
Section 425. Bond Indebtedness.
Nothing in this Plan shall affect in any way the obligations of any authorities with respect to their bond indebtedness.

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The following Sections were read and requests for vetoes filed with the Clerk:

Section 426. State Personnel Board--Continued; Assigned.

The State Personnel Board, provided for in Article XIV, Section I, Paragraph I of the Constitution and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 427. Personnel Division--Created; Merit System Director-- Continued.

There is created within the Department a Personnel Division. The Merit System Director, who shall be the Director of the Personnel Divi sion, and his functions are continued and transferred to the Department. The Director shall be appointed by the State Personnel Board subject to the approval of the Commissioner of the Department. The position of Director of the Personnel Division shall be included in the classified service.

Section 428. State Merit System--Functions Transferred.

All of the functions of the Merit System of Personnel Administra tion, provided for in Ga. Laws 1943, p. 171 (Ga. Code Ann. Ch 40-22), : as amended by Ga. Laws 1971, p. 45, except the functions transferred to the Department in Section 427, are transferred to the Personnel Division of the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Merit System of Personnel Adminis tration means the Personnel Division created in this Chapter.

The following Section was read and approved:
Section 429. Refunding Bond Commission--Abolished.
The Refunding Bond Commission, created by Ga. Laws 1947, p. 504 (Ga. Code Ann. Ch. 87-5A), is abolished.

The following Section was read and a request for veto filed with the Clerk:
Section 430. Georgia Real Estate Investment Board--Abolished.
The Georgia Real Estate Investment Board, created in Ga. Laws 1963, p. 34 (Ga. Code Ann. Ch. 40-28), is abolished. Prior to the effective date of this abolishment, the Board shall refund all escrow deposits retained by the Board to the proper loan applicants. All fund balances remaining after the refunds referred to herein shall be transferred to the General Treasury.

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199

The following Sections were read and approved:

CHAPTER 5. DEPARTMENT OF AGRICULTURE
Section 501. Department of Agriculture--Continued; Head.
The Department of Agriculture, created by Ga. Laws 1874, p. 5, as amended (Ga. Code Ann. 5-101), and its functions are continued. The department head is the Commissioner of Agriculture.
Section 502. Livestock and Poultry Disease Control Board--Func tions Transferred.
All of the functions of the Livestock and Poultry Disease Control Board, created by Ga. Laws 1956, p. 247, as amended (Ga. Code Ann. Ch. 62-18), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Livestock and Poultry Disease Control Board means the Department of Agriculture.

The following Sections were read and requests for vetoes filed with the Clerk:
Section 503. Seed Advisory Committee--Functions Transferred.
All of the functions of the Seed Advisory Committee, created by Ga. Laws 1956, p. 217 (Ga. Code Ann. 5-2410), are transferred to the Department. Unless inconsistent with this Plan, any reference in Geor gia Laws to the Seed Advisory Committee means the Department of Agriculture.
Section 504. Department of Public Health--Functions Transferred.
The functions of the Department of Public Health relating to articles of bedding, provided for by Ga. Laws 1964, p. 499, 552, et al., as amended (Ga. Code Ann. Ch. 88-8), are transferred to the Depart ment. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred to the Department in this Section means the Department of Agriculture.

The following Sections were read and approved:
Section 505. Department of Revenue--Functions Transferred.
The motor fuel testing and pump calibration functions of the De partment of Revenue, provided for in Ga. Laws 1927, p. 279, as amended (Ga. Code Ann. 73-220), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the func tions transferred to the Department in this Section means the Depart ment of Agriculture.

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Section 506. State Oil Chemist--Functions Transferred.

The State Oil Chemist, provided for by Ga. Laws 1927, p. 279, as amended (Ga. Code Ann. Ch. 73-2), and his functions are transferred to the Department. Unless inconsistent with this Plan, any reference 1: in Georgia Laws to the positions and functions transferred to the De partment in this Section means the Department of Agriculture.

Section 507. Department of Revenue--Functions Transferred.

The Inspectors of the Department of Agriculture, in the regular

:| ' course of their duties, shall verify that each facility they inspect has

proper state licenses for the sale of cigarettes, malt beverages, and

wine. Should any facility not have such State licenses as required by

:

law, the Commissioner of Revenue shall be notified of such fact im-

mediately so that he can take such action as required by law.

Section 508. Department of Public Health--Functions Transferred.

The functions of the Department of Public Health relating to regulation of canning factories and shucking plants, provided for in Ga. Y , Laws 1955, p. 483 (Ga. Code Ann. 45-931), are transferred to the Department. Unless inconsistent with this Plan, any reference in .Georgia Laws to the functions transferred to the Department in this Section means the Department of Agriculture.

Section 509. Georgia Seed Development Commission--Continued; Assigned.

The Georgia Seed Development Commission, created by Ga. Laws 1959, p. 83 (Ga. Code Ann. Ch. 5-27), is continued. The Commission is assigned to the Department for administrative purposes only as pre scribed in Section 105 of this Plan.

The following Section was read and a request for veto filed with the Clerk:
Section 510. Tobacco Advisory Board--Abolished.
The Tobacco Advisory Board, created by Ga. Laws 1955, p. 589 (Ga. Code Ann. 111-603-605), is abolished.

The following Sections were read and approved:
Section 511. Georgia Milk Commission--Abolished.
The Georgia Milk Commission, created by Ga. Laws 1937, p. 247, as amended (Ga. Code Ann. 42-525), is abolished.

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Section 512. Commission on State Institutional Farms--Abolished.

The Commission on State Institutional Farms, created by Ga. Laws 1966, p. 734 (Ga. Code Ann. 5-2803), is abolished.

By unanimous consent, further consideration of the Executive Reorganiza tion Plan of 1972 was postponed until the afternoon session.

Pursuant to HR 498, adopted by the House and Senate, the Senate appeared upon the floor of the House at 11:45 A.M., and the Joint Session convened for the purpose of hearing a message from His Excellency, Governor Jimmy Carter.

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

The Secretary of the Senate read the Resolution providing for the Joint Session.

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

Lieutenant Governor Maddox presented Governor Jimmy Carter, who de livered the following address:

Almost a year ago the legislature passed an extremely tight budget,

:.

following a reduction of the 1971 revenue estimate by $10 million. Little

did we know at that time what had already occurred in Georgia. 1970

personal and corporate income had been substantially lower than we

thought--and we learned it the hard way, when income tax returns

arriving in April, May and June dealt us a devastating financial blow.

We were immediately faced with two choices, either cut spending or call a special session to raise taxes. You and I can be happy--and I know the Georgia people are happy--that we were able to cut ex penses.
A new budgeting process, early implementation of reorganization study recommendations and tremendous cooperation of almost all de partment heads have permitted us to present a unique supplementary appropriation bill. Instead of the usual request for a substantial in crease in expenditures to cover the year's unanticipated expenses and increased personnel costs, we are asking you to cut the spending plans for this current year by $55 million. $19 million of this reduction comes from projects cancelled or postponed, and $36 million is in reduced operating costs. $6 million of these reduced funds are being recommended for other needs, leaving a net reduction of $49 million. We have been able to make these cuts with no significant decrease in state services.

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The budget for PY 1973 is based upon the continued economic re cession, which is still being felt nationwide.

The Georgia people are faced with high unemployment and infla
tion, high interest rates, and frozen profits and wages. At such a time, it would be grossly unfair to burden them with increased taxes.

Yet Georgians have urgent needs that must be met, and there are
investments to be made that will pay rich dividends to our children in the years to come.

How can we resolve this conflict--how can we meet the needs of our people, make the all-important investments for the future, and not burden our people with additional taxes?

Fortunately, the budget is also based upon the advantages of a reorganized and streamlined state government, collecting its fees and taxes in a more efficient and businesslike manner. With this better
management we can cut waste, eliminate inefficiency and get better use from the money we are already extracting from the Georgia taxpayer.

Let us get down to specifics--
We are projecting total available state funds for 1973 of $1.313 billion. This is a good budget and a tight budget. For several reasons I believe it is the best ever to be presented to the legislature.

First of all, this is a budget that I and the department heads worked out together, using the new zero-base budgeting procedures. Zerobase budgeting requires every agency in state government to identify
each function it performs and the personnel and cost to the taxpayers for performing that function. Each agency is then required to describe in this so-called "decision package" the change in services that would result from an increase or decrease in funds allocated to that function.

The intense analysis which goes into the construction of a decision package begins at a low level of management within an agency. Con stant review and refinement take place at each succeeding level. Each agency assigns a priority to all of its decision packages, and this in formation is utilized in the allocation of funds in the budget.

By requiring agencies to establish priorities, it becomes easier to insure that only enough money is allocated to do what is needed. It
puts old and new programs on the same basis.

By requiring department heads and their subordinates to take a close look at what they could do with less money, zero-base budgeting
encourages the search for more efficient ways to do the job.

By requiring clear descriptions of the results to be expected from every dollar spent, zero-base budgeting makes it possible to evaluate
the performance of an agency against its budget.

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203

Detailed raw budget data is made available to me and to you when a final budget decisions are made.

As a result of these techniques we have a budget based on cost analysis and priority ranking. We have a budget in which justification for every dollar was required--for old programs as well as new.

Use of federal funds is maximized while at the same time care is taken that state and local control of the affected programs is not eroded. The thinking and insight of all levels of management in state govern ment, not just the department heads, is reflected in every budget de cision. Data in the budget document is presented in a precise and under standable manner. As a result, periodic reports can then be prepared which clearly indicate how well it is performing against its budget.

This budget was not produced on the wishbook and meat-axe basis we have been forced to utilize in the past, but by the careful considera tion of every function performed by state government, the construction of more than 10,000 "decision packages" to allow orderly consideration of alternatives, and the allocation of projected income strictly on the basis of priorities determined by the agencies.

These procedures produced what we all thought was a tight budget for 1973, and it was based on the information available at that time. Then the reorganization study revealed about $27 million worth of fat-- well concealed by the corset of bureaucracy. We have already been able to cut out about one-third of that fat and you have my word that we will get the rest of it during the next two years.
The reorganization study also showed that the use of simple and fair business management practices in collecting and managing our revenue would produce 44 million additional dollars for next year-- without increasing the taxes of the average Georgian by one single penny.
Prompt payment to the state of fees and taxes collected by busi nesses and a reduction in the amount of the sales tax which some larger merchants are allowed to keep will put us in line with other states. We have also moved to let regulatory functions be financially self-supporting. These changes are simply an application to government of the same practical techniques we use everyday in our own businesses.
These estimates of financial benefit during the next fiscal year are based upon our experience during the current year, and they are con servative.
But dollars in the Treasury will be just a bonus. The real benefit from a better state government will be greatly improved services to our people. Let me name a few:
A simple government which our people can understand and control.

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Clearly defined responsibility and authority for the commissioners of our twenty departments. No more "passing the buck" for failure.

An effective state surplus property system to prevent unneeded purchases of new equipment.

Equitable promotion, training and opportunities for pay increases of state personnel.

Increased local and state control over the management of federally financed programs in Georgia.

A new department to provide more effective administrative services which will save money while at the same time giving program ad ministrators more time to devote to the questions of policy and the peculiar problems which relate directly to their own agency.

An accounting procedure which will give us periodic statements of Georgia's financial condition to enable the governor, the legislature and the departments to monitor government expenditures and receipts.

For what purposes will increased expenditures be used?

In the area of education, we have provided an additional $4 million for 700 new teachers to continue the growth of the excellent special
education program.

$2 million is provided for the construction of 10 new comprehensive
area vocational-technical high schools, to ensure that any student who finishes high school is ready to become a productive citizen.

We will move one step closer to having an institution of higher
education within commuting distance of every citizen with the acquisition of Gordon Military College in Barnesville and the opening of new junior colleges in Bainbridge and Swainsboro.

At the request of Chancellor Simpson, we are proposing that $2 million be spent on remodeling of older buildings in the University System. This is consistent with my own philosophy of emphasizing ser vices to the people rather than the construction of large, impressive
new buildings.

Because of the importance of agriculture to the economy of our
state and my personal interest in its future, we are recommending $2.5 million over the next three years for the Agricultural Research and Extension programs. These funds will ensure that new programs are providing real benefit to the Georgia farmer through accelerated ex ploration of new ideas in marketing and production.

A total of $2.8 million has been set aside to provide tuition grants to our freshman and sophomore students who attend private colleges. This program can result in significant savings to the state. It was

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205

whole-heartedly approved by the Georgia people when they passed a constitutional amendment in 1970.

A major new effort in the area of education is the Comprehensive Early Childhood Development Program. This $73 million program, which requires only $6 million in additional state funds, can have the most far-reaching effect on the well-being of the citizens of Georgia of any state program. Five major departments will be working in concert on this effort.

The budget also includes almost $700 thousand to begin operation of the Atlanta School for the Deaf next September which the General Assembly earlier provided funds to build.
We are providing for $25 million in bond money to build new public schools and a $2 million initial reserve fund to provide Fire and Hazard Self Insurance for all public school buildings.
We propose that Georgia school teachers be given an average salary increase of $507. All personnel in the University System are also being given the same 7 and % per cent increase.
Turning to physical and mental health, we have provided $2 million to match available federal funds so we can accelerate the development of a community-oriented delivery system for our mental health program.

The Medicaid program is being expanded by federal law to provide routine dental care, eyeglasses and hearing aids for children under six. The state's share of this $1.6 million program will be $500 thousand.

We have matched $200 thousand in state funds with $600 thousand in federal funds to begin development of a statewide Family Planning Program.
The Drug Treatment Program will continue to provide methadone detoxification and maintenance to many of the 8,000 drug addicts in Atlanta and to establish three centers in strategic locations around the state. The state will provide $1 million of the $2.6 million total cost of the statewide program.
In an attempt to upgrade the state's law enforcement program, the budget provides over $1.2 million to give a $1,000 across-the-board pay increase to state troopers and GBI agents and to adjust salary differentials between ranks. This salary adjustment will permit us to become competitive in obtaining the best qualified men. In addition, $115 thousand will be spent for improved training of GBI agents.

We have recommended that $2.5 million be spent to make major im provements in the prison system. Ellis MacDougall will be explaining the details of his program in the coming weeks.
We are providing over $1 million in capital outlay funds to improve the recreational opportunities of the average Georgia citizen.

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Finally, we recommend $9.4 million in state funds to provide all Merit System employees with a 5% salary increase. This will be in addition to a 5% longevity increase.

To halt the rapid escalation in property taxes, and to strengthen our local governments, we are providing, in addition to items already described, $20 million in increased funds to support statewide programs in education, welfare, law enforcement and health. This is $20 million that would otherwise have come out of the pockets of local property taxpayers. This figure includes total absorption by the state of the entire increase in required local effort resulting from $13 billion more in local property tax digests. I am recommending that the presently required 2.9 mills be reduced to 2 mills.

In summary, the budget before you contains recommended ex penditures of $10 million for new programs, over $33 million for im provements in current state programs, increased aid to local govern ment of $20 million, and almost $48 million in overdue salary increases.

In conclusion, let me say that I share with you and the taxpayers of Georgia the desire that we spend not one penny more than is re quired to provide the services that Georgia people need. I also believe that it is possible to insure that a dollar's worth of value is received for every tax dollar we spend.
You have before you a budget and a reorganization plan that can make these dreams a reality.
What should a good budget do?
It should strengthen local governments and relieve the burden of property taxes.
It should protect the fiscal integrity of the state.
It should make maximum use of performance auditing techniques in a reorganized structure of government to analyze present costs and identify future savings.

It should provide adequate pay for deserving state employees.

It should begin to meet almost every identifiable need of the Geor gia people that can be legitimately met by government.

It should hold down taxes.

It should reduce administrative costs.

It should enhance state and local control of federal funds.

This is a good budget. It meets all of these standards.

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Senator Holley of the 22nd moved that the Joint Session be now dissolved and the motion prevailed.

The Lieutenant Governor announced the Joint Session dissolved.

The Speaker called the House to order.

The Speaker announced the House recessed until 1:45 o'clock P.M. AFTERNOON SESSION

The Speaker called the House to order.

The Executive Reorganization Plan of 1972 was again taken up for con sideration.

The following Sections were read and approved:
CHAPTER 6. DEPARTMENT OF AUDITS AND ACCOUNTS
Section 601. Department of Audits and Accounts and State Auditor --Continued.
The Department of Audits and Accounts and the State Auditor, created by the Ga. Laws 1923, Extra Session, page 7, as amended (Ga. Code Ann. Ch. 40-18), and their functions are continued.
Section 602. Board of Equalization--Abolished.
The Board of Equalization, created by Ga. Laws 1970, p. 542, 548 (Ga. Code Ann. 92-7013), and its functions are abolished.
CHAPTER 7. DEPARTMENT OF INDUSTRY AND TRADE
Section 701. Department of Industry and Trade--Continued.
The Department of Industry and Trade created in Article V, Section X, Paragraph I of the Constitution and its functions are continued, except those functions related to the Metropolitan Atlanta Rapid Transit Authority transferred to the Department of Transportation in Section 2106 of this Plan, and those functions related to aviation transferred to the Department of Transportation in Section 2105 of this Plan. The

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Director shall be the executive officer and administrative head as pre scribed by the Constitution.

Section 702. Board of Commissioners of the Department of In dustry and Trade--Continued.

The Board of Commissioners of the Department of Industry and Trade, created in Article V, Section X, Paragraph I of the Constitution, and its functions are continued except those functions transferred in Sections 2105 and 2106 of this Plan, and those functions added in Sec tion 205 of this Plan.

Section 703. Division of Community Affairs--Creation.

There is created a Division of Community Affairs in the Depart ment of Industry and Trade. There shall be a Director of this Division. The Director shall exercise supervision and control over all employees of the Division. The Director of the Division of Community Affairs shall be appointed by the Director of the Department of Industry and Trade.

The following Sections were read and requests for vetoes filed with the Clerk:
Section 704. Division of Community Affairs--Functions Trans ferred.
All of the functions transferred from the Bureau of State Planning and Community Affairs by this Plan in Chapter 2 to the Department of Industry and Trade are assigned to the Division of Community Affairs.
Section 705. Other Functions Transferred.
The functions of the Ocean Science Center of the Atlantic Commis sion, provided for in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. 43-1301 et al.), to promote participation in and arrange for the loca tion of research and industrial activities are transferred to the Depart ment of Industry and Trade.
Section 706. Georgia Development Authority--Continued; Assigned.
The Georgia Development Authority, created in Ga. Laws 1953, p. 337 as amended (Ga. Code Ann. 62-1502 et al.), is continued and the Authority and its units are assigned to the Department of Industry and Trade for administrative purposes only as prescribed in Section 105 of this Plan.

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The following Section was read and approved:

CHAPTER 8. COMPTROLLER GENERAL
Section 801. Comptroller General--Continued.
The Comptroller General of Georgia, provided for in Article V, Section II, Paragraph I of the Constitution, and his functions are con tinued. Deleted pursuant to objection of Comptroller General.

The following Section was read and a request for veto filed with the Clerk:
Section 802. Additional Functions Transferred to Comptroller General.
The functions of the State Treasurer relating to deposits by Do mestic Life Insurers, set forth in Ga. Laws 1960, p. 289 (Ga. Code Ann. 56-1101), are transferred to the Comptroller General as Insurance Commissioner of the State of Georgia.

The following Sections were read and approved:
CHAPTER 9. DEPARTMENT OP DEFENSE
Section 901. Department of Defense--Continued.
The Department of Defense, created in Ga. Laws 1955, pp. 10, 23 (Ga. Code Ann. 86-201), its present organization and its functions are continued.
Section 902. Adjutant General--Continued. The Adjutant General shall continue to be the department head and shall continue to exercise all his functions as prescribed by law.

The following Section was read and a request for veto filed with the Clerk:
CHAPTER 10. DEPARTMENT OF EDUCATION
Section 1001. Department of Education--Continued; Head; Ad ministrative Officer; Functions.
(a) The State Department of Education, provided for in Article VIII, Section II, Paragraph I of the Constitution, is continued. The de partment head is the State Board of Education. The administrative officer of the Department is the State Superintendent of Schools.

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(b) The functions of the Department are continued, except the Vocational Rehabilitation functions transferred to the Department of Human Resources in Chapter 12 of this Plan. Deleted. See Section 406.

The following Sections were read and approved:
Section 1002. State Board of Education--Continued.
The State Board of Education, provided for in Article VIII, Section II, Paragraph I of the Constitution, and its functions are continued.
Section 1003. State Superintendent of Schools--Continued.
The State Superintendent of Schools, provided for in Article VIII, Section III, Paragraph I of the Constitution, and his functions are con tinued.

The following Section was read and a request for veto filed with the Clerk:
Section 1004. State Treasurer--Functions Transferred.
The functions of the State Treasurer and the Treasury Department relating to distribution of State funds under the Minimum Foundation Program of Education Act, provided for in Ga. Laws 1964, p. 3 (Ga. Code Ann. 32-647), are transferred to the Department. Unless in consistent with this Plan, any reference in Georgia Laws to the State Treasurer or the Treasury Department relating to the functions trans ferred to the Department in this Section means the State Department of Education.

The following Section was read and approved:
Section 1005. Industry Services Advisory Committee--Functions Transferred.
All of the functions of the Industry Services Advisory Committee, created by Ga. Laws 1968, p. 1138 (Ga. Code Ann. Ch. 32-36), are trans ferred to the Department. Unless inconsistent with this Plan, any refer ence in Georgia Laws to the Industry Services Advisory Committee means the State Department of Education.

The following Sections were read and requests for vetoes filed with the Clerk:
Section 1006. State Teacher Scholarships--Continued; Assigned.
The State Teacher Scholarships, provided for in Article VII, Sec tion I, Paragraph II of the Constitution, are continued. The State

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Teacher Scholarships are assigned to the State Board of Education for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1007. Professional Practices Commission--Abolished.

The Professional Practices Commission, created by Ga. Laws 1967, p. 840, as amended (Ga. Code Ann. 32-839-842), is abolished.

Section 1008. Georgia Educational Improvement Council--Abol ished.

The Georgia Educational Improvement Council, created by Ga. Laws 1964, p. 711, as amended, is abolished.

The following Sections were read and approved:
Section 1009. Fernbank Science Center Committee--Abolished.
The Fernbank Science Center Committee, created by Ga. Laws 1970, p. 747, is abolished.
CHAPTER 11. DEPARTMENT OF FINANCIAL REGULATION
Section 1101. Department of Financial Regulation--Created.
There is created a Department of Financial Regulation. The depart ment head is a Commissioner who shall exercise supervision and control over all divisions and employees of the Department of Financial Regula tion.

The following Section was read and a request for veto filed with the Clerk:
Section 1102. Commissioner--Term of Office.
The Commissioner shall be appointed by the Governor for a fouryear term. The initial term of the Commissioner shall terminate on January 20, 1976. Each succeeding term of office shall be for four years commencing on the expiration date of the previous term.

The following Sections were read and approved:
Section 1103. Department of Banking and Superintendent of Banks --Functions Transferred.
All of the functions of the Department of Banking, and the posi tion of Superintendent of Banks, created in Ga. Laws 1919, p. 135, as amended (Ga. Code Ann. 13-301 et al.), including the regulation

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of credit unions, are transferred to the Department of Financial Regula tion. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Banking or the Superintendent of Banks means the Department of Financial Regulation.

Section 1104. Regulations of State Building and Loan Associations --Functions Transferred.

All functions of the Secretary of State of Georgia relating to State Building and Loan Associations, Georgia Laws 1937-38, Extra Session, p. 307, as amended (Ga. Code Ann. 16-401 et al.), or any other functions related to the regulation of State Building and Loan Associations or State Savings and Loan Associations are transferred to the Department of Financial Regulation. The Commissioner of the Department of Financial Regulation is hereby designated the Georgia Building and Loan Commissioner.

Section 1105 was deleted pursuant to objection of Comptroller Gen eral.
The following Section was read and approved:
Section 1106. Functions Retained.
Nothing in this Plan shall divest the Secretary of State of any existing functions related to the chartering or liquidation of any bank, credit union, State building and loan association, State savings and loan association, or corporation.

The following Sections were read and requests for vetoes filed with the Clerk:
CHAPTER 12. DEPARTMENT OF HUMAN RESOURCES
Section 1201. Department of Human Resources--Created.
There is created a Department of Human Resources.
Section 1202. Board of Human Resources--Created; Chairman-- Designation.
There is created a Board of Human Resources which shall estab lish the general policy to be followed by the Department. The Board shall consist of nine members who are appointed by the Governor by and with the advice and consent of the Senate. The members of the Board, insofar as practical, shall be drawn from all sections of the State. Eight members of the Board shall be appointed for staggered terms of four years, provided, however, the Governor shall designate the initial terms of these eight members of the Board as follows: two members

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shall be appointed for terms ending on January 20, 1973; two mem
bers shall be appointed for terms ending on January 20, 1974; two mem bers shall be appointed for terms ending on January 20, 1975; and two members shall be appointed for terms ending on January 20, 1976.
Thereafter, all terms of all successors to these eight members, except in the case of appointments to fill vacancies, shall be four years dating from January 20 of the beginning year of such term. The ninth mem
ber of the Board shall serve at the pleasure of the Governor. Not more than three members of the Board shall represent the medical profession,
and at least two of these members shall be licensed to practice medi cine pursuant to Ga. Laws 1913, p. 101, as amended (Ga. Code Ann. Ch. 84-9). Vacancies in office shall be filled by appointment of the Gov ernor and the appointment shall be submitted to the Senate for con
firmation at the next session of the General Assembly. An appointment to fill a vacancy shall be for the balance of the unexpired term. There shall be a Chairman of the Board, designated by the Governor, who shall be the presiding officer of the Board.

Section 1203. Commissioner of Human Resources--Created.

There is created the position of Commissioner of Human Resources. The Commissioner shall be the chief administrative officer and be both
appointed and removed by the Board of Human Resources subject to the approval of the Governor. Subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department by this Plan.

Section 1204. State Department of Family and Children Services-- Functions Transferred to Department.

All of the functions of the State Department of Family and Chil dren Services, created in Ga. Laws 1937, p. 355, as amended (Ga. Code Ann. 99-103), and of its units, except those functions transferred in Section 2402 of this Plan, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the
State Department of Family and Children Services means the Depart ment of Human Resources.

Section 1205. State Board for Children and Youth--Functions Transferred.

All of the functions of the State Board for Children and Youth, created in Ga. Laws 1963, p. 81 (Ga. Code Ann. 99-204 (a) ), except for the policy-making functions transferred to the Board of Human
Resources in Section 1212 of this Plan, are transferred to the Depart ment. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board for Children and Youth, except references to its policy-making functions, means the Department of Human Resources.

Section 1206. Department of Public Health and Board of Health-- Functions Transferred.

All of the functions of the Department of Public Health and the

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Board of Health, created in Ga. Laws 1964, p. 499 et seq., as amended (Ga. Code Ann. 88-102 & 103), and of their units, except those func
tions enumerated in Sections 1206.1 through 1206.8, are transferred to the Department of Human Resources. Unless inconsistent with this
Plan, any reference in Georgia Laws to the Department of Public Health and the Board of Health relating to the functions transferred
to this Section means the Department of Human Resources.

Section 1206.1. Additional Functions Transferred.

The policy-making functions of the Board of Health are transferred to the Board of Human Resources in Section 1213 of this Plan.

Section 1206.2. Additional Functions Transferred.
The functions with respect to the Division for Georgia Water Quali ty Control and the State Water Quality Control Board, created in Ga. Laws 1964, p. 416, as amended (Ga. Code Ann. 17-504), are trans ferred to the Department of Natural Resources in Section 1520 of this Plan.

Section 1206.3. Additional Functions Transferred.
The functions with respect to Air Quality Control, contained in Ga. Laws 1967, p. 581 as amended (Ga. Code Ann. 88-901), are trans ferred to the Department of Natural Resources in Section 1533 of this Plan.

Section 1206.4. Additional Functions Transferred.
The functions with respect to Water Supply Quality Control, con tained in Ga. Laws 1964, p. 499 (Ga. Code Ann. Ch. 88-26), are trans ferred to the Department of Natural Resources in Section 1534 of this Plan.

Section 1206.5. Additional Functions Transferred.
The functions with respect to oyster bed inspection, contained in Ga. Laws 1955, pp. 483, 540 (Ga. Code Ann. 45-926), are transferred to the Department of Natural Resources in Section 1532 of this Plan.

Section 1206.6. Additional Functions Transferred.
The functions of the Department of Public Health with respect to Solid Waste Management are transferred to the Department of Natural Resources in Section 1535 of this Plan.

Section 1206.7. Additional Functions Transferred.
The functions with respect to regulation of articles of bedding, contained in Ga. Laws 1964, p. 499, 552, et al., as amended (Ga. Code

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215

Ann. 88-801 et seq.), are transferred to the Department of Agri culture in Section 504 of this Plan.

Section 1206.8. Additional Functions Transferred.

The functions with respect to regulation of canning factories and shucking plants, contained in Ga. Laws 1955, pp. 483, 542 (Section 114) (Ga. Code Ann. 45-931), are transferred to the Department of Agri culture in Section 508 of this Plan.
Section 1207. Division of Vocational Rehabilitation--Functions Transferred.

All of the functions of the Division of Vocational Rehabilitation, established in the State Board of Education by Georgia Laws 1951, p. 516, as amended (Ga. Code Ann. 32-2302), are transferred to the De partment of Human Resources. The official of the Department of Human Resources who is charged with the administration of the func
tions transferred to the Department in this Section shall be included in the classified service. He shall possess those qualifications currently pro
vided by law with respect to the Director of the Division of Vocational Rehabilitation. Unless inconsistent with this Plan, any reference in Georgia Laws to the Division of Vocational Rehabilitation means the Department of Human Resources.

Section 1208. State Board of Probation--Functions Transferred.
All of the functions of the State Board of Probation, created in Ga. Laws 1956, p. 27, as amended (Ga. Code Ann. 27-2703), except the policy-making functions transferred to the Board of Human Re sources in Section 1215 of this Plan, are transferred to the Department of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Probation means the Department of Human Resources. Nothing in this Plan shall alter the relationship between judges and probation supervisors prescribed in the Statewide Probation Act. Ga. Laws 1956, pp. 27, 28 et seq. (Ga. Code Ann. 272702 et seq.)
Section 1209. State Commission on Aging--Functions Transferred to Department.
All of the functions of the State Commission on Aging, created in Ga. Laws 1962, p. 604 (Ga. Code Ann. 99-2602), except the policymaking functions transferred to the Board of Human Resources in Section 1217 of this Plan, are transferred to the Department of Human Resources. Unless inconsistent with this Plan any reference in Georgia Laws to the State Commission on Aging means the Department of Human Resources.

Section 1210. State Board of Pardons and Paroles--Functions Transferred.
All of the functions of the State Board of Pardons and Paroles,

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contained in Ga. Laws 1943, p. 185, as amended (Ga. Code Ann. 77501), except its quasi-judicial functions contained in the Constitution which are continued in Section 1218 of this Plan, and its policy-making functions transferred to the Board of Human Resources in 1216 of this Plan, are transferred to the Department of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Pardons and Paroles except the references relating to its quasi-judicial functions or its policy-making functions means the Department of Human Resources.

Section 1211. Additional Functions Transferred to Department.

The functions of the Bureau of State Planning and Community Affairs with respect to housing, contained in Ga. Laws 1970, pp. 321, 327, Section lOe, (Ga. Code Ann. 40-2916 (c) ), are transferred to the Department of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Bureau of State Planning and Community Affairs with respect to its housing functions means the Department of Human Resources.

Section 1212. State Board for Children and Youth--Functions Transferred to Board.

The policy-making functions of the State Board for Children and Youth, contained in Ga. Laws 1963, p. 81 (Ga. Code Ann. 99-206 (a) ), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Board for Children and Youth with respect to its policy-making functions means
the Board of Human Resources.

Section 1213. Board of Health--Functions Transferred to Board.

The policy-making functions of the Board of Health, created in Ga. Laws 1964, p. 499 (Ga. Code Ann. 88-103), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Board of Health with respect to its policy-making functions means the Board of Human Resources.

Section 1214. State Board of Education--Functions Transferred to Board.

The policy-making functions of the State Board of Education and its executive officer pertaining to the Division of Vocational Rehabilita tion, contained in Ga. Laws 1951, p. 516 et seq., as amended (Ga. Code Ann. 32-2302 et seq.), are transferred to the Board of Human Re sources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Education or to the same body designated as the State Board of Vocational Education pertaining to policy-making functions with respect to the Division of Vocational Rehabilitation means the Board of Human Resources.

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Section 1215. State Board of Probation--Functions Transferred to Board.

The policy-making functions of the State Board of Probation, cre ated in Ga. Laws 1956, p. 27 (Ga. Code Ann. 27-2702), are trans ferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Probation pertaining to its policy-making functions means the Board of Human Resources.

Section 1216. State Board of Pardons and Paroles--Functions Transferred to Board.

The functions of the State Board of Pardons and Paroles with re
spect to policy-making, provided for in Ga. Laws 1943, p. 185, as amended (Ga. Code Ann. 77-501 et seq,), not to include the quasijudicial functions continued in the Board in Section 1218 are trans ferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Pardons and Paroles pertaining to its policy-making functions means the Board of Human Resources.

Section 1217. Commission on Aging--Functions Transferred to Board.
The policy-making functions of the Commission on Aging, created in Ga. Laws 1962, p. 604 (Ga. Code Ann. 99-2602), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Commission on Aging pertaining to its policy-making functions means the Board of Human Resources.

Section 1218. State Board of Pardons and Paroles--Continued; Assigned.
The State Board of Pardons and Paroles and its quasi-judicial functions, provided for in Article V, Section 1, Paragraph XI of the Constitution, are continued. The Board is assigned to the Department of Human Resources for administrative purposes only as prescribed in Section 105 of this Plan. In addition to the salary provided by the Constitution and notwithstanding any other provision of the Plan, the members of the Board of Pardons and Paroles shall continue to receive the amount specified in Ga. Laws 1956, p. 27, as amended (Ga. Code Ann. 27-2703), as supplementary compensation and, in lieu of performing duties with respect to the State Probation System, shall perform such other duties as shall be provided by law.

Section 1219. State Board of Corrections--Continued; Assigned.
The State Board of Corrections and its functions with respect to state penal institutions, provided for in Article V, Section V, Paragraph I of the Constitution, are continued. The Board is assigned to the De partment of Human Resources for administrative purposes as prescribed in Section 105 of this Plan.

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Section 1220. Hospital Advisory Council for Construction and Licensure--Continued; Assigned.

The Hospital Advisory Council for Construction and Licensure, created in Ga. Laws 1968, p. 1421, (Ga. Code Ann. 88-2201), is con tinued, and the Council is assigned to the Department of Human Re
sources for administrative purposes as prescribed in Section 105 of this Plan.

Section 1221. Commission on the Status of Women--Continued; Assigned.
The Commission on the Status of Women, created in Ga. Laws 1966, p. 605, is continued, and the Commission is assigned to the Department of Human Resources for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1222. Drug and Alcohol Programs.

All programs conducted by State agencies with respect to drug and alcohol abuse, except the regulation of the sale or dispensation of drugs or related products by the State Board of Pharmacy pursuant to Georgia Laws, and the investigation of criminal conduct pertaining to illegal drugs transferred to the Department of Public Safety in Sec tion 1606 of this Plan, shall be conducted and coordinated by the De
partment of Human Resources.

Section 1223. Council on Aging--Creation. There is created a Council on Aging within the Department.

Section 1224. Georgia Factory for the Blind--Continued; Trans ferred.
The Georgia Factory for the Blind, created in Ga. Laws 1937, p. 579, as amended (Ga. Code Ann. 99-801), is continued and is trans ferred to the Department of Human Resources created in this Chapter.

Section 1225. Additional Functions Transferred.
All of the functions of the Radiation Control Council, created in Ga. Laws 1964, p. 499, 568, as amended (Ga. Code Ann. 88-1305), are transferred to the Department of Human Resources.

Section 1226. State Board of Family and Children Services-- Abolished.
The State Board of Family and Children Services, provided for in Ga. Laws 1937, p. 355, as amended (Ga. Code Ann 99-104-106), is abolished.

THURSDAY, JANUARY 13, 1972

219

Section 1227. Food Service Advisory Council--Abolished.
The Food Service Advisory Council, created in Ga. Laws 1964, pp. 499, 560, as amended (Ga. Code Ann. 88-1005), is abolished.

Section 1228. Georgia Youth Council--Abolished.
The Georgia Youth Council, created in Ga. Laws 1966, p. 601, is abolished.

CHAPTER 13. DEPARTMENT OF LABOR
Section 1301. Department of Labor--Continued.
The Department of Labor, created by Ga. Laws 1937, p. 230 (Ga. Code Ann. 54-102), and its functions are continued. Deleted. See Sec tion 1303. The Commissioner of Labor, provided for in Article V, Sec tion II, Paragraph I of the Constitution, shall continue to be the de partment head and exercise those functions assigned to him by law except those transferred in this Plan.

The following Section was read and approved:
Section 1301a. State Board of Workmen's Compensation--Con tinued.
The State Board of Workmen's Compensation, created in Ga. Laws 1943, p. 167, as amended (Ga. Code Ann. 54-108), and its functions are continued.

The following Section was read and a request for veto filed with the Clerk:
Section 1302. Director of Administration--Created.
There is created the position of Director of Administration under the State Board of Workmen's Compensation who shall be responsible for handling the administrative functions of the agency. He shall be both appointed and removed by the State Board of Workmen's Com pensation subject to the approval of the Governor.
Section 1303 was deleted pursuant to objection of Commissioner of Labor.
The following Sections were read and approved:
CHAPTER 14. DEPARTMENT OF LAW
Section 1401. Department of Law--Continued; Head. The Department of Law, created in Georgia Laws 1943, p. 284, as

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amended (Ga. Code Ann. 46-1612), and its functions are continued. The Attorney General as provided by the Constitution, Article V, Sec tion II, Paragraph I, is the department head and shall exercise those functions authorized by law.

Section 1402. State Library--Transferred.

The State Library, created in Ga. Laws 1947, p. 1166 (Ga. Code Ann. 101-101), is continued and transferred to the Department of Law. The State Library shall be under the direction and supervision of the Attorney General.

Section 1403. State Literature Commission--Functions Transfer red.
All of the functions of the State Literature Commission, created in Ga. Laws 1953, Jan.-Feb. Session, p. 135, as amended (Ga. Code Ann. Ch. 40-31), are transferred to the Department of Law. Unless in consistent with this Plan, any reference in Georgia Laws to the State Literature Commission means the Department of Law.

The following Section was read and a request for veto filed with the Clerk:
CHAPTER 15. DEPARTMENT OF NATURAL RESOURCES
Section 1501. Department of Natural Resources--Created; Head.
(a) There is created a Department of Natural Resources.
(b) There is created the position of Commissioner of Natural Re sources. The Commissioner shall be both appointed and removed by the State Game and Fish Commission subject to approval of the Governor. Subject to the general policy established by the State Game and Fish Commission, the Commissioner shall supervise, direct, account for, or ganize, plan, administer, and execute the functions vested in the De partment of Natural Resources by this Plan.

The following Section was read and approved:
Section 1502. Department of Mines--Functions Transferred.
All of the functions of the Department of Mines, Mining, and Geology, created in Ga. Laws 1937, p. 264, as amended (Ga. Code Ann. 43-117), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Mines, Mining and Geology means the Department of Natural Resources.

THURSDAY, JANUARY 13, 1972

221

The following Sections were read and requests for vetoes filed with the Clerk:

Section 1503. State Forestry Commission--Functions Transferred.

All of the functions of the State Forestry Commission, created in Ga. Laws 1955, p. 309, as amended (Ga. Code Ann. 43-201 et al.), and its units are transferred to the Department of Natural Resources. Un less inconsistent with this Plan, any reference in Georgia Laws to the State Forestry Commission means the Department of Natural Re sources.

Section 1504. Department of State Parks--Functions Transferred.

All of the functions of the Department of State Parks, Historic Sites, and Monuments, created in Ga. Laws 1937, p. 264, as amended (Ga. Code Ann. 43-120 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Parks, Historic Sites, and Monuments means the Department of Natural Resources.

The following Sections were read and approved:
Section 1505. State Division of Conservation--Functions Trans ferred.
All of the functions of the State Division of Conservation and of the Commissioner of Conservation, created in Ga. Laws 1943, p. 180, as amended (Ga. Code Ann 43-101 et al.), are transferred to the Depart ment of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Division of Conservation or the Commissioner of Conservation means the Department of Natural Re sources.
Section 1506. Chattahoochee River Basin Commission--Functions Transferred.
All of the functions of the Georgia Commission for the Development of the Chattahoochee River Basin, created in Ga. Laws, 1967, p. 805, and its units are transferred to the Department of Natural Resources. Un less inconsistent with this Plan, any reference in Georgia Laws to the Georgia Commission for the Development of the Chattahoochee River Basin means the Department of Natural Resources.

The following Section was read and a request for veto filed with the Clerk:
Section 1507. Altamaha River Basin Commission--Functions Trans ferred.
All of the functions of the Altamaha River Basin Commission, ere-

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ated in Ga. Laws 1970, p. 632, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Altamaha River Basin Commission, means the Department of Natural Resources.

The following Section was read and approved:
Section 1508. Georgia Recreation Commission--Functions Trans ferred.
All of the functions of the Georgia Recreation Commission, cre ated in Ga. Laws 1963, p. 445, as amended (Ga. Code Ann. 99-2301 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Recreation Commission means the Department of Natural Resources.

The following Section was read and a request for veto filed with the Clerk:
Section 1509. Franklin D. Roosevelt Warm Springs Memorial Foun dation--Functions Transferred.
All of the functions of the Franklin D. Roosevelt Warm Springs Memorial Foundation, created in Ga. Laws 1946, p. 31, as amended (Ga. Code Ann. 40-2401 et al.), and its units are transferred to the Depart ment of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Franklin D. Roosevelt Warm Springs Memorial Foundation means the Department of Natural Resources.

The following Section was read and approved:
Section 1510. Ty Cobb Memorial Commission--Functions Trans ferred.
All of the functions of the Ty Cobb Baseball Memorial Commis sion, created in Ga. Laws 1962, p. 674, and its units are transferred tothe Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Ty Cobb Baseball Me morial Commission means the Department of Natural Resources.

The following Section was read and a request for veto filed with the Clerk:
Section 1511. Surface Mined Land Use Board--Functions Trans ferred.
All of the functions of the Surface Mined Land Use Board, created in Ga. Laws 1968, p. 9, as amended (Ga. Code Ann. 43-1404), and its

THURSDAY, JANUARY 13, 1972

223

units are transferred to the Department of Natural Resources. Un less inconsistent with this Plan, any reference in Georgia Laws to to the Surface Mined Land Use Board means the Department of Natural Resources.

The following Sections were read and approved:
Section 1512. Coastal Marshlands--Functions Transferred.
All of the functions of the Coastal Marshlands Protection Agency, created in Ga. Laws 1970, p. 939 (Ga. Code Ann. 45-136), and its units are transferred to the Department of Natural Resources. Unless in consistent with this Plan, any reference in Georgia Laws to the Coastal Marshlands Protection Agency means the Department of Natural Resources.
Section 1513. Georgia Natural Areas Council--Functions Trans ferred.
All of the functions of Georgia Natural Areas Council, created in Ga. Laws 1969, p. 750, as amended (Ga. Code Ann. 43-1203), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Natural Areas Council means the Department of Natural Resources.
Section 1514. Georgia Waterways Commission--Functions Trans ferred.
All of the functions of the Georgia Waterways Commission, created in Ga. Laws 1953, Nov.-Dec. Sess., p. 67 (Ga. Code Ann. 17-301), and its units are transferred to the Department of Natural Resources. Un less inconsistent with this Plan, any reference in Georgia Laws to the Georgia Waterways Commission means the Department of Natural Resources.

The following Section was read and a request for veto filed with the Clerk:
Section 1515. Georgia Forest Research Council--Functions Trans ferred.
All of the functions of the Georgia Forest Research Council, cre ated in Ga. Laws 1953, Nov.-Dec. Sess., p. 45 (Ga. Code Ann. 43-801), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Forest Research Council means the Department of Natural Resources.

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The following Sections were read and approved:

Section 1516. North Georgia Mountains Commission--Functions Transferred.

All of the functions of the North Georgia Mountains Commission, created in Ga. Laws 1968, p. 291 (Ga. Code Ann. 99-2701 et al.), and its units are transferred to the Department of Natural Resources. Un less inconsistent with this Plan, any reference in Georgia Laws to the North Georgia Mountains Commission means the Department of Natural Resources.

Section 1517. Lake Lanier Islands Development Commission--Func tions Transferred.
All of the functions of the Lake Lanier Islands Development Com mission, created in Ga. Laws 1969, p. 392, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Lake Lanier Islands De velopment Commission means the Department of Natural Resources.

Section 1518. Citizens Environmental Council--Functions Trans ferred.
All of the functions of the Citizens Environmental Council, cre ated in Ga. Laws 1971, p. 788, and its units are transferred to the De partment of Natural Resources. Unless inconsistent with tips Plan, any reference in Georgia Laws to the Citizens Environmental Council means the Department of Natural Resources.

The following Sections were read and requests for vetoes filed with the Clerk:
Section 1519. Rivers and Harbors Development Commission--Func tions Transferred.
All of the functions of the Rivers and Harbors Development Com mission, created in Ga. Laws 1967, p. 516, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Rivers and Harbors De velopment Commission means the Department of Natural Resources.
Section 1520. State Water Quality Control Board, Division for Georgia Water Quality Control--Functions Transferred.
All of the functions of the State Water Quality Control Board and the Division for Georgia Water Quality Control, created in Ga. Laws 1964, p. 416, as amended (Ga. Code Ann. 17-504), are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Public Health or the Board of Health relating to the functions transferred in this Sec-

THUKSDAY, JANUARY 13, 1972

225

tion and in Sections 1532 through 1535 to the Department of Natural Eesources means the Department of Natural Resources.

Section 1521. Ocean Science Center of the Atlantic--Functions Transferred.

All functions of the Ocean Science Center of the Atlantic Commis sion, created in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. 431301, et al.) except those functions transferred in Sections 705 and 2303 of this Plan, are transferred to the Department of Natural Re-

Section 1522. Soil and Water Conservation Committee--Continued; Assigned.
The Soil and Water Conservation Committee, created in Ga. Laws 1937, p. 377, as amended (Ga. Code Ann. 5-1807, et al.), is continued and is assigned to the Department of Natural Resources for admin istrative purposes only as prescribed in Section 105 of this Plan.
Section 1523. Jekyll Island State Park Authority--Continued; As signed.
The Jekyll Island State Park Authority, created in Ga. Laws 1950, p. 152, as amended (Ga. Code Ann. 43-601a, et al.), and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan.
Section 1524. Stone Mountain Memorial Association--Continued; Assigned.
The Stone Mountain Memorial Association, created in Ga. Laws 1958, p. 61, as amended, and its functions are continued. The Associa tion is assigned to the Department of Natural Resources for administra tive purposes only as prescribed in Section 105 of this Plan.

The following Sections were read and approved:
Section 1525. Groveland Lake Development Authority--Continued; Assigned.
The Groveland Lake Development Authority, created in Ga. Laws 1969, p. 572, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan.
Section 1526. North Georgia Mountains Authority--Continued; Assigned.
The North Georgia Mountains Authority, created in Ga. Laws, 1968,,

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p. 297, as amended (Ga. Code Ann. Ch. 99-32), and its functions are continued. The Authority is assigned to the Department of Natural Re
sources for administrative purposes only as prescribed by Section 105 of this Plan.

Section 1527. Lake Lanier Islands Development Authority Con tinued; Assigned.

The Lake Lanier Islands Development Authority, created in Ga. Laws 1962, p. 736, as amended, and its functions are continued. The Authority is assigned to the Department of Natural Resources for
administrative purposes only as prescribed in Section 105 of this Plan.

Section 1528. Kinchafoonee Lake Authority--Continued; Assigned.

The Kinchafoonee Lake Authority, created in Ga. Laws 1970, p. 3379, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative pur poses only as prescribed by Section 105 of this Plan.

Section 1529. Bond Indebtedness.

Nothing in this Plan shall affect in any way the obligations of any authorities with respect to their bond indebtedness.

Section 1530. Herty Foundation--Functions Continued; Assigned.

The Herty Foundation, created in Ga. Laws 1937-38 Extra Sess,, p. 191 (Ga. Code Ann. 43-501), and its functions are continued. The Foundation is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan. The Herty Foundation shall continue to hire its own personnel as presently provided by law.

Section 1531. State Game and Fish Commission--Continued.
The State Game and Fish Commission, created in the Constitution, Article V, Section IV, Paragraph I, is continued and shall establish the general policies to be followed by the Department of Natural Resources. The operational, field, and administrative functions of the State Game and Fish Commission, set forth in Ga. Laws 1955, p. 483, as amended (Ga. Code Ann 45-103 et al.)> are transferred to the Department of Natural Resources. The State Game and Fish Commission shall have all the policy-making functions previously granted by law to those agen cies whose functions are transferred to the Department of Natural Resources by this Plan.

Section 1532. Oyster Bed Inspection--Functions Transferred.

All functions pertaining to oyster bed inspection, Ga, Laws 1955, p. 483 (Ga. Code Ann. 45-926 et al.), performed by the State Depart ment of Public Health are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia

THURSDAY, JANUARY 13, 1972

227

Laws to the functions transferred in this Section means the Department of Natural Resources.

The following Section was read and a request for veto filed with the Clerk:
Section 1533. Air Quality Control--Functions Transferred.
All functions related to Air Quality Control, Ga. Laws 1967, p. 581, as amended (Ga. Code Ann. 88-903 et al.), performed by the Depart ment of Public Health and the Board of Health are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in the Georgia Laws to the functions transferred in this Section means the Department of Natural Resources.

The following Sections were read and requests for vetoes filed with the Clerk:
Section 1534. Water Supply Quality Control--Functions Trans ferred.
All functions related to Water Supply Quality Control, Ga. Laws 1964, p. 499 (Ga. Code Ann. 88-2601 et al.), performed by the Depart ment of Public Health and the Board of Health are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred in this Sec tion means the Department of Natural Resources.
Section 1535. Solid Waste Management--Functions Transferred.
All of the functions related to Solid Waste Management performed by the Department of Public Health and the Board of Health are trans ferred to the Department of Natural Resources.

The following Sections were read and approved:
Section 1536. Additional Functions.
The Commissioner of the Department of Natural Resources with the approval of the Governor is hereby authorized to implement the United States "Land and Water Conservation Fund Act of 1965," Pub. Law 88-578 (1965), and the Georgia "State Assistance Fund" as estab lished by the General Assembly of the State of Georgia, Ga. Laws 1969, p. 855, as amended, and shall have all powers, duties and authority of office as provided by the laws of Georgia.
Section 1537. Compact Representation--Designation.
The Commissioner or his designated representative shall represent the State in the Interstate Environmental Compact, Ga. Laws 1971, p. 194. The Commissioner or his designated representative shall be the

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. , ,.. Compact Administrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact, Ga. Laws 1953, Nov.-Dec.
Session, p. 49. The Commissioner or his designated representative shall be a commissioner to the Atlantic States Marine Fisheries Commis sion, Ga. Laws 1955, p. 483.

Section 1538 was deleted pursuant to objection of the Secretary of ' State.

' : The following Sections were read and requests for vetoes filed with the Clerk:

:,: ':.. Section 1539. Division of Environmental Protection--Created; Head; Functions Transferred.

;..' :;

There is created within the Department a Division of Environ mental Protection. All of the functions transferred to the Department in Sections 1520, 1533, 1534, and 1535 of this Plan and those functions of the Georgia Surface Mined Land Use Board, transferred to the Department in Section 1511 of this Plan, relating to strip mining are hereby assigned to the Division of Environmental Protection. The Di vision shall have a Director who shall be both appointed and removed by the State Game and Fish Commission with the approval of Com missioner of the Department. The position of Director shall be in cluded in the classified service. The Director of the Division shall be responsible for enforcing the environmental protection laws of Georgia, including those enumerated above and any others which may be as signed to the Division.

!--,-

Section 1540. Committee Created.

:.

There is created a committee to be composed of three members. The

Commissioner of Natural Resources and the Director of the Division of

Environmental Protection shall be members of this committee. The third

member of the Committee shall be selected by the State Game and Fish

Commission. The Committee shall grant, deny, or revoke all permits re

quired pursuant to those functions transferred to the Department of

Natural Resources in this Plan. Denial or revocation of a permit may

be appealed to the State Game and Fish Commission in accordance with

the Georgia Administrative Procedure Act.

The following Section was read and approved:

CHAPTER 16. DEPARTMENT OF PUBLIC SAFETY Section 1601. Department of Public Safety--Created. There is created a Department of Public Safety.

The following Sections were read and requests for vetoes filed with the Clerk:

THURSDAY, JANUARY 13, 1972

229

Section 1601. Board of Public Safety--Created.

There is created a Board of Public Safety which shall establish the general policy to be followed by the Department. The Board shall con sist of nine members.

(1) The following three members serve ex-officio: the Governor, who shall be Chairman of the Board; the Attorney General; and the official in charge of offender rehabilitation in the Department of Human Resources, created in Chapter 12 of this Plan.

(2) Three members shall be selected as follows:

(a) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Sheriffs' Association; the first representative shall serve an initial term ending on January 20, 1975, each subsequent term being three years;

(b) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Chiefs of Police; the first representative shall serve an initial term ending on January 20, 1974, each subse quent term being three years;

(c) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the District Attorney's Association of Georgia; the first representative shall serve an initial term ending on January 20, 1973, each sub sequent term being three years.

(3) Within thirty days after its first meeting, the Board by ma jority vote shall appoint three members from the State at large; no person so appointed shall be an officer or employee of any State or local governmental entity at the time of his appointment to or during his membership on the Board. The Board shall designate the initial terms of the three at-large members for one, two, and three years re spectively. Thereafter, all terms of all successors shall be three years.

Appointments made pursuant to subsection (2) at times when the Senate is not in session shall be effective ad interim.

Section 1603. Commissioner of Public Safety--Created.
There is created the position of Commissioner of Public Safety. The Commissioner shall be the chief administrative officer and shall be both appointed and removed by the Board with the approval of the Governor. Except as otherwise provided by this Plan, and subject to the general policy established by the Board, the Commissioner shall supervise, di rect, account for, organize, plan, administer and execute the functions vested in the Department by this Plan.

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Section 1604. Department of Public Safety--Functions Transferred.

All of the functions of the Department of Public Safety, created in Ga. Laws 1937, p. 322, as amended (Ga. Code Ann. 92A-101 et seq.), and its units, except the policy-making functions transferred to the
Board in Section 1613 of this Plan, are transferred to the Department of Public Safety created in this Chapter. Unless inconsistent with this
Plan, any reference in Georgia Laws to the Department of Public Safety means the Department of Public Safety created in this Chapter.

Section 1605 was deleted pursuant to objection of the Comptroller General.

The following Section was read and a request for veto filed with the Clerk:

r:

Section 1606. Additional Functions Transferred to Department.

The functions of the Georgia State Board of Pharmacy relating to

; investigation of criminal conduct pertaining to drugs under Ga. Laws

',

1967, pp. 296, 304, as amended (Ga. Code Ann. 79A-208 (f) et seq.),

,

are transferred to the Department of Public Safety. Nothing in this

Section shall affect the responsibilities of the State Board of Pharmacy

relating to the investigation of the sale or dispensing of drugs or other

articles which are subject to the Board's regulation under the laws of

Georgia. Unless inconsistent with this Plan, any reference in Georgia

Laws to the State Board of Pharmacy relating to its criminal investiga-

-

tive functions means the Department of Public Safety.

The following Sections were read and approved: Section 1607. Additional Functions Transferred to Department.

The functions of the Public Service Commission relating to the per-

;

formance of safety inspections of motor vehicles pursuant to Georgia

Laws 1931, Extra Session, pp. 99, 111 and Georgia Laws 1931, pp. 199,

209 (Ga. Code Ann. 68-251 (a), 68-627 (a) ), are transferred to the

Department of Public Safety. The Public Service Commission shall re

tain the responsibility for establishing inspection criteria for vehicles

subject to its regulation. Unless inconsistent with this Plan, any ref

erence in Georgia Laws to the Public Service Commission relating to the

performance of its vehicle safety inspection functions means the De

partment of Public Safety.

Section 1608. Office of Coordinator of Highway Safety--Con tinued ; Renamed; Transferred.
The office of Coordinator of Highway Safety provided for in Ga. Laws 1967, pp. 708, 709 (Ga. Code Ann. 92A-1001), is continued, is renamed the Office of Highway Safety, and the Office is transferred to the Department. The director of the Office shall report to the Com-

THURSDAY, JANUARY 13, 1972

231

missioner of Public Safety who is hereby designated the Governor's Highway Safety Representative. The Office of Highway Safety is charged and empowered to carry out the responsibilities established by the National Highway Safety Act of 1966, Pub. Law 89-564, as amended. Unless inconsistent with this Plan, any reference in Georgia Laws to the Coordinator of Highway Safety means the Office of Highway
Safety.

Section 1609. Georgia Peace Officer Standards and Training Coun cil--Continued; Assigned.
The Georgia Peace Officer Standards and Training1 Council, cre ated in Ga. Laws 1970, p. 208 (Ga. Code Ann. 92A-2103 et seq.), and its functions are continued. The Council is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1610. Georgia Police Academy Board--Functions Trans ferred to Peace Officer Standards and Training Council.
All of the functions of the Georgia Police Academy Board, cre ated in Ga. Laws 1962, p. 535 (Ga. Code Ann. 32-3201), are trans ferred to the Georgia Peace Officer Standards and Training Council, provided for in Section 1609 of this Plan. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Police Academy Board means the Georgia Peace Officer Standards and Training Council.

Section 1611. Georgia Firefighter Standards and Training Coun cil--Continued; Assigned.
The Georgia Firefighter Standards and Training Council, cre ated in Ga. Laws 1971, p. 693, its units, including the Georgia Fire Institute, and their functions are continued. The Council is assigned to the Department for administrative purposes only as prescribed in Sec tion 105 of this Plan.

Section 1612. Division of Investigation--Created.
There is created a Division of Investigation within the Department. The division head shall be a Director who is appointed by and serves at the pleasure of the Board, and who reports directly to the Board.
The functions enumerated in Section 1612.1 through 1612.4 shall be assigned to the Division of Investigation.

Section 1612.1. Functions Assigned to Division.
The functions of the Bureau of Investigation, provided for in Ga. Laws 1937, pp. 322, 340 (Ga. Code Ann. 92A-301 et seq.), and trans ferred to the Department in Section 1604 of this Plan are assigned to the Division of Investigation.

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';'

Section 1612.2. Functions Assigned to Division.

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The functions of the State Crime Laboratory, referenced in Ga. Laws 1953, p. 602, as amended (Ga. Code Ann. 21-203, et al.), and transferred to this Department in Section 1604 of this Plan are assigned to the Division of Investigation.

Section 1612.3 was deleted pursuant to the objection of the Comptroller General;

The following Section was read and a request for veto filed with the Clerk:
-, . . Section 1612.4. Functions Assigned to Division.
The criminal investigative functions transferred to the Depart. ... ment by Section 1606 of this Plan are assigned to the Division of
Investigation.

The following Sections were read and approved:
Section 1613. Functions Transferred to Board.
The policy-making functions of the Department of Public Safety, contained in Ga. Laws 1937, p. 322, as amended (Ga. Code Ann. 92A101 et seq.), are transferred to the Board of Public Safety created in this Chapter. Unless inconsistent with this Plan, any reference in Geor gia Laws to the Department of Public Safety relating to its policymaking functions means the Board of Public Safety created in this Chapter.
Section 1614. Commission Abolished.
The Georgia Study Commission on Law Enforcement Officer Stand ards of Education, created in Ga. Laws 1968, p. 829, is abolished.
Section 1615. Committee Abolished.
The Governor's Traffic Safety Study Committee, created in Ga. Laws 1968, p. 1384, is abolished.

The following Section was read and a request for veto filed with the Clerk:
CHAPTER 17. PUBLIC SERVICE COMMISSION Section 1701. Public Service Commission--Continued. The Public Service Commission, created in Article IV, Section IV,

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233

Paragraph III of the Constitution, and its functions, except the per formance of safety inspections of motor vehicles transferred to the De partment of Public Safety in Section 1607 of this Plan, are continued. The Commission shall continue to be responsible for establishing inspec tion criteria for vehicles subject to its regulation.

The following Sections were read and approved:
CHAPTER 18. DEPARTMENT OF REVENUE
Section 1801. Department of Revenue--Continued; Head.
The Department of Revenue, created in Ga. Laws 1937-38, Extra Session, p. 77 (Ga. Code Ann. 92-8402), and its functions, except the motor fuel testing and pump calibration functions, the State Oil Chemist and his functions, both of which are transferred in Sections 505 and 506 respectively of this Plan to the Department of Agriculture and the motor vehicle tag inspection functions and motor carrier permit in spection functions, both of which are transferred to the Department of Transportation, in Section 2107 of this Plan, are continued as presently provided by law. The office of State Revenue Commissioner, created by Ga. Laws 1937-38, Extra Session, p. 77 (Ga. Code Ann. 92-8402), and other statutorily created offices of the Department, are continued. The State Revenue Commissioner shall be the department head and shall continue to exercise his functions as provided by law.
Section 1802. Board of Settlements and Compromises--Continued; Assigned.
The Board of Settlements and Compromises, provided for in Ga. Laws 1953, p. 185 (Ga. Code Ann. 92-8411.1), and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.
Section 1803. Council to Investigate the Suspension of the State Revenue Commissioner--Abolished.
The Council to Investigate the Suspension of the State Revenue Commissioner, provided for in Ga. Laws 1937-38 Extra Sess., p. 77, 80 (Ga. Code Ann. 92-8403), and its functions are abolished.

The following Section was read and a request for veto filed with the Clerk:
CHAPTER 19. SECRETARY OF STATE
Section 1901. Secretary of State--Continued. The Secretary of State, provided for in Article V, Section II, Para graph I of the Constitution, and his functions are continued except those functions enumerated in Sections 1902 through 1904.

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The following Section was read and approved:

Section 1902. Functions Transferred.

The functions of the Georgia Building and Loan Commissioner are transferred to the Department of Financial Regulation in Section 1104
of this Plan.

Section 1903 was deleted pursuant to objection of the Secretary of State.

The following Section was read and adopted:
Section 1904. Functions Transferred.
Certain functions relating to Real Property Inventory are trans ferred to the Department of Administrative Services in Section 412 of this Plan. The Secretary of State shall retain the function of filing and retaining conveyances and plats.

The following Section was read and a request for veto filed with the Clerk:
Section 1905. Georgia State Board of Pharmacy--Continued; As signed.
The Georgia State Board of Pharmacy, created in Ga. Laws 1967, p. 296, 302 (Ga. Code Ann. 79A-201), and its functions, except those functions transferred in Chapter 16 of this Plan, are continued. The Board is assigned to the Joint Secretary, State Examining Boards, for administrative purposes as prescribed in Section 105 of this Plan.
The following Sections were read and approved:
Section 1906. Georgia Commission for the National Bicentennial Celebration--Continued; Assigned.
The Georgia Commission for the National Bicentennial Celebra tion, created in Ga. Laws 1969, p. 1074, is continued and is assigned to the Secretary of State for administrative purposes only as prescribed in Section 105 of this Plan.
Section 1907. Claims Advisory Board--Continued; Assigned.
The Claims Advisory Board, created in Ga. Laws 1963, p. 624 (Ga. Code Ann. 47-504), and its functions are continued. The Claims Ad-

THURSDAY, JANUARY 13, 1972

235

visory Board is assigned to the Secretary of State for administrative purposes only as prescribed in Section 105 of this Plan.

The following Section was read and approved:

CHAPTER 20. STATE SCHOLARSHIP COMMISSION
Section 2001. State Scholarship Commission--Continued.
The State Scholarship Commission, provided for in Article VII, Section I, Paragraph II of the Constitution, and its functions are con tinued.

The following Section was read and a request for veto filed with the Clerk:
Section 2002. Georgia Higher Education Assistance Corporation-- Continued; Assigned.
The Georgia Higher Education Assistance Corporation, provided for in Article VII, Section I, Paragraph II of the Constitution, and its functions are continued. The Corporation is assigned to the State Schol arship Commission for administrative purposes only as prescribed in Section 105 of this Plan.

The following Sections were read and approved:
Section 2003. Georgia Higher Education Assistance Authority Con tinued; Assigned.
The Georgia Higher Education Assistance Authority, created by Ga. Laws 1969, p. 683 (Ga. Code Ann. Ch. 32-37), and its functions are continued. The Authority is assigned to the State Scholarship Commis sion for administrative purposes only as prescribed in Section 105 of this Plan.
Section 2004. Georgia Higher Education Assistance Committee-- Abolished.
The Georgia Higher Education Assistance Committee, created in Ga. Laws 1968, p. 1082 (Ga. Code Ann. 32-3401), is abolished.

The following Sections were read and approved:

CHAPTER 21. DEPARTMENT OP TRANSPORTATION
Section 2101. Department of Transportation--Created; Head; Chief Executive Officer.
There is created a Department of Transportation. The department

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head shall be the State Highway Board. The Chief executive officer of the Department is the Director.

Section 2102. State Highway Board--Continued; Functions.

The State Highway Board, provided for in Article V, Section XI, Paragraph I of the Constitution, and its functions are continued. The State Highway Board shall establish the general policies to be followed by the Department of Transportation.

Section 2103. Director of State Highway Department--Continued; Renamed Director of Department of Transportation.

The position of Director of the State Highway Department of
Georgia, created by Ga. Laws 1963, p. 3, as amended (Ga. Code Ann. 95-1602), and its functions are continued, and the position shall be renamed Director of the Department of Transportation. Unless incon sistent with this Plan, any reference in Georgia Laws to the Director
of the State Highway Department of Georgia means the Director of the Department of Transportation created in this Plan.

Section 2104. State Highway Department of Georgia--Functions Transferred.
All of the functions of the State Highway Department of Georgia, created by Ga. Laws 1919, p. 244, as amended (Ga. Code Ann. Ch. 9515), except the self-insurance workmen's compensation functions trans ferred to the Department of Administrative Services in Section 407 of this Plan, are transferred to the Department of Transportation created in this Plan. Unless inconsistent with this Plan, any reference in Geor gia Laws to the State Highway Department of Georgia means the De partment of Transportation created in this Plan.
Section 2105. Additional Functions Transferred.

The functions of the Department of Industry and Trade and the Board of Commissioners of the Department of Industry and Trade re lating to airports, aviation, landing fields, other aviation facilities, air routes and air markers, provided for in Ga. Laws 1949, p. 249, as amended (Ga. Code Ann. 40-2107) and Ga. Laws 1965, p. 105 (Ga. Code Ann. 11-304, 305), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the De partment of Industry and Trade or the Board of Commissioners of the Department of Industry and Trade relating to the functions transferred
to the Department in this Section means the Department of Transpor
tation created in this Plan.

Section 2106. Additional Functions Transferred.
The functions and funding programs of the Department of Industry and Trade and the Board of Commissioners of the Department of In dustry and Trade relating to the Metropolitan Atlanta Rapid Transit Authority, created by Ga. Laws 1965, p. 2243, as amended, are trans-

THURSDAY, JANUARY 13, 1972

237

ferred to the Department. Unless inconsistent with this Plan, any ref erence in Georgia Laws to the Department of Industry and Trade or the Board of Commissioners of the Department of Industry and Trade relating to the functions and programs transferred to the Department in this Section means the Department of Transportation created in this Plan.

Section 2107. Additional Functions Transferred.

The functions, except personnel, budget, and unexpended balances of appropriations, of the Department of Revenue relating to the inspec tion of motor carrier permits and motor vehicle tags are transferred to the Department of Transportation.

CHAPTER 22. TREASURER AND TREASURY DEPARTMENT
Section 2201. Treasurer and Treasury Department--Continued.
The State Treasurer, provided for in Article V, Section II, Para graph I of the Constitution, and the Treasury Department, provided for in Ga. Laws 1828, Cobb, p. 1027, as amended (Ga. Code Ann. Ch. 40-9), and their functions are continued except those functions enumerated in Sections 2202 through 2205.

The following Section was read and a request for veto filed with the Clerk:
Section 2202. Functions Transferred.
The functions relating to deposits by Domestic Life Insurers are transferred to the Comptroller General in Section 802 of this Plan.

The following Section was read and approved:
Section 2203. Functions Transferred.
The functions relating to the payment of salaries and expenses to Judges and District Attorneys are transferred to the Department of Administrative Services in Section 410 of this Plan.

Section 2204. was deleted pursuant to objection of State Treasurer.

The following Sections were read and approved:

The following Section was read and a request for veto filed with the Clerk:

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Section 2205. Functions Transferred.

The functions relating to the distribution of State funds under the Minimum Foundation Program of Education Act are transferred to the Department of Education in Section 1004 of this Plan.

The following Sections were read and approved:
CHAPTER 23. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA
Section 2301. Board of Regents of the University System of Geor gia--Continued.
The Board of Regents of the University System of Georgia, pro vided for in Article VIII, Section IV, Paragraph I of the Constitution, and its functions are continued.
Section 2302. Regents of the University System of Georgia--Con tinued.
The Regents of the University System of Georgia, created by Ga. Laws 1931, p. 7 (Ga. Code Ann. 32-101), and its functions are con tinued.

The following Section was read and a request for veto filed with the Clerk:
Section 2303. Ocean Science Center of the Atlantic Commission-- Functions Transferred.
The functions of the Ocean Science Center of the Atlantic Commis sion, provided for in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. 43-1301), to establish and cause to be operated one or more marine resources extension centers and the Oceanographic Research Center are transferred to the Board of Regents of the University System of Georgia. Unless inconsistent with this Plan, any reference in Georgia Laws to the Ocean Science Center of the Atlantic Commission relating to the functions transferred to the Board of Regents of the University System in this Section means the Board of Regents of the University System of Georgia.

The following Sections were read and approved:
Section 2304. Functions Transferred.
All of the functions of the Georgia Agrirama and the Georgia Agrirama Board of Governors, created by Ga. Laws 1970, p. 568 (Ga. Code Ann. 32-301a-304a), are transferred to the Board of Regents.

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239

Section 2305. State Medical Education Board--Continued; As signed.

The State Medical Education Board, created in Article VII, Sec tion I, Paragraph II of the Constitution, and its functions are con tinued. The Board is assigned to the Board of Regents of the Uni versity System of Georgia for administrative purposes only as pre scribed in Section 105 of this Plan.

Section 2306. Board of Regents of the University System of Georgia Scholarships--Continued; Assigned.

The Board of Regents of the University System of Georgia Schol arships, provided for in Article VII, Section I, Paragraph II of the Constitution, are continued and shall continue to be administered by the Board of Regents of the University System of Georgia.

CHAPTER 24. STATE DEPARTMENT OF VETERANS SERVICE
Section 2401. State Department of Veterans Service and Veterans Service Board--Continued.
The State Department of Veterans Service and the Veterans Serv ice Board, created by Article V, Section VI, Paragraph I of the Con stitution and their functions are continued. The Veterans Service Board shall have such control, duties, powers and jurisdiction of the State Department of Veterans Service as shall be provided by law. The Board shall appoint a Director who shall be the executive officer of the Department. Members shall continue to serve as presently ap pointed and all future appointments shall be made as provided by the Constitution.
Section 2402. Functions Transferred.
The functions of the State Department of Family and Children Services pertaining to the care of widows of Confederate veterans, as prescribed in Georgia Laws 1946, p. 84 (Ga. Code Ann. 35-906), are transferred to the State Department of Veterans Service. Unless incon sistent with this Plan, any reference in Georgia Laws to the State De partment of Family and Children Services with respect to the functions transferred in this Section means the State Department of Veterans Service.
CHAPTER 25. ADDITIONAL AGENCIES ABOLISHED

Section 2501. Commission of Constitutional Government--Abol ished.
The Commission of Constitutional Government, created in Ga. Laws 1959, p. 5, 23, is abolished.

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Section 2502. Governor's Award for Heroism Committee--Abol ished.

The Governor's Award for Heroism Committee, created in Ga. Laws 1970, p. 743, is abolished.

Section 2503. Georgia Interdepartmental Council for the Handi capped--Abolished.
The Georgia Interdepartmental Council for the Handicapped cre ated in Ga. Laws 1968, p. 1079, is abolished.

Section 2504. Forward Georgia Commission--Abolished.
The Forward Georgia Commission, created in Ga. Laws 1968, p. 980, is abolished.

The following Sections were read and requests for vetoes filed with the Clerk:
CHAPTER 26. ADDITIONAL PROVISIONS
Section 2601. Classification of Positions.
The position of, or person occupying the position of, head of de partment or division director of any agency created by the transfer of functions shall be in the unclassified service as defined in the Acts governing the State Merit System, except for the Director of the Per sonnel Division of the Department of Administrative Services, the of ficial of the Department of Human Resources in charge of Vocational Rehabilitation, and the Director of the Environmental Protection Division of the Department of Natural Resources who shall be in the classified service. The position of head of Department or division director of any agency created by the transfer of functions shall be new positions. The State Personnel Board shall adopt rules and regulations not inconsistent with this Plan to effectuate the transfer of positions and personnel and the classification of such positions.
Section 2602. Severability.
In the event any section, subsection, sentence, clause or phrase of this Plan 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 Plan., which shall remain of full force and effect, as if the sections, subsections, sentences, clauses or phrases so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have ratified and approved the remaining parts of this Plan even if it had known that part or parts hereof would be declared or adjudged invalid or unconstitutional.

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241

The following Sections were read and approved:

Section 2603. Effective Date.

The Governor is authorized, pursuant to Ga. Laws 1971, p. 4, to effectuate and implement any chapter, section or subsection of this Plan by Executive Order immediately after the ratification of the Plan by the Georgia General Assembly. Any chapter, section or subsection of this Plan which has not been effectuated by July 1, 1972, shall be come effective on that date unless otherwise provided by law.

Section 2604. Publication in Georgia Laws.

The Secretary of State is authorized to publish the approved Plan
in the Georgia Laws of 1972; and, notwithstanding any deletion of any chapter, section, or subsection of this Plan as authorized by Ga. Laws 1971, p. 4, each chapter, section, or subsection shall in its final form appear in consecutive order, whether numerically or alphabetically. References to chapters, sections, and subsections which have been re numbered shall be deemed to refer to such renumbered chapters, sec tions, and subsections and shall be renumbered accordingly.

Mr. Murphy of the 19th moved that when the House is considering the reorganization plan section by section that that person moving to veto a specific section of the plan shall after the previous question has been ordered have a period of 5 minutes in which to rebut any arguments against said motion. When it comes to the point of debating the entire proposal at one time the person pro pounding to veto the entire plan shall have a period of 20 minutes to rebut any argument.
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 Barfield Battle
Bell Bennett, J. T. Berry Black
Bohannon Bond Bostick
Bowen Brantley, H. L.

Bray Brown, B. D. Buck Busbee Carr Carter Chandler
Chappell Cheeks Clements Cole
Collins, M. Colwell Coney
Conger Connell

Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N.
Dent Dixon Dorminy Evans
Farrar Felton Floyd, J. H.
Floyd, L. R. Fraser

242
Gay nor Geisinger Gignilliat Granthani Greer Griffin Groover Gunter Ham Harrington Harris Hays Hill, B. L. Hill, G. Hood Horton Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Keyton King Knight Knowles Lambert Lane, Dick Lane, W. J.

JOURNAL OF THE HOUSE,

Larsen, G. K. Larsen, W. W.
Lee, W. J. (Bill) Leggett
Lewis Logan Longino Lowrey Matthews, C. Matthews, D. R. Mauldin Maxwell
McCracken Merritt
Miles Milford
Moore Morgan Mulherin Mullinax
Murphy Nessmith Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L.

Phillips, W. R. Pickard Poole Potts Rainey Reaves Roach Ross Rush Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Smith, H. R. Smith, J. R. Smith, V. T.
Snow Sorrells Stephens Sweat Thomason
Triplett
Tripp
Wamble Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire

Those voting in the negative were Messrs.

Adams, John Atherton Bennett, Tom Blackshear Brown, S. P. Collins, S. Coney Egan Ezzard

Housley Jordan Kreeger Lee Marcus McDaniell McDonald Miller

Pinkston Sims Toles Townsend Turner Williams Wilson Wood, R. E.

Those not voting were Messrs.

Brantley, H. H. Brown, C. Burruss Chance Collier Dean, J. E. Drury

Gary Grahl Granade Hamilton Harrison Hawes Howard

Johnson Le vitas Mason Melton Moyer Noble Odom

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243

Russell, A. B. Russell, H. P. Savage

Strickland Thompson Vaughn

Wood, J. T. Mr. Speaker

On the motion, the ayes were 140, nays 25.

The motion prevailed.

Due to mechanical failure, the voting machine of Mr. Edwards of the 45th did not record.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

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

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Representative Hall, Atlanta, Georgia Friday, January 14, 1972

The House met pursuant to adjournment at 10:00 o'clock, A. M., this day and was called to order by the Speaker.
Mr. Floyd of the 7th introduced Rev. D. F. Norman, Pastor, White Oak Hills Baptist Church, Atlanta, Georgia, giving the following biographical sketch and requested the same appear in the Journal:
"He is a native of Evansville, Indiana. His educational background includes attending the Southern Baptist Theological Seminary of Louis ville, Kentucky. He graduated from the Southeastern Baptist Theological Seminary of Wake Forest, North Carolina. He has served churches in Kentucky, North Carolina and Georgia. He was the Associate Pastor of Moreland Avenue Baptist Church of Atlanta, Pastor of the First Baptist Church of Trion and is presently serving as the Pastor of White Oak Hills Baptist Church in Atlanta. He is married to Joyce Parrent Norman and they have three lovely daughters, Rhonda, Joy and Leslie."
The following prayer was offered by Rev. Norman:
We thank You, 0 God, for life, liberty and the opportunity for the pursuit of justice. We praise Thee that Thou hast called us unto liberty. Grant that we may use this rich gift, not as an occasion to selfish living, but as an opportunity to serve one another. We thank You for men and women who give of their time and talents to better the state of mankind. We ask for You to grant to these leaders of the State of Georgia, the wisdom to seek what is best for every citizen. Grant that they may be able to clearly see the wrongs that need right ing and that their actions and deliberations during this Session of Legislation will please You because they have followed the principles that have been given to us by Your revelation.
Thank You for this great country of ours and for the opportunity to have government by the people. May we find the path of righteous ness so that as we live our lives they will be pleasing to You and to others with whom we live. In the strong name of Jesus Christ we pray this prayer.
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.

FRIDAY, JANUARY 14, 1972

245

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1189. By Mr. Miller of the 83rd:
A Bill to be entitled an Act to regulate the publicizing, selling and ad ministering of courses of instruction; and for other purposes.
Referred to the Committee on Education.

HB 1190. By Messrs. Bennett of the 71st, Shanahan of the 8th and Morgan of the 23rd:
A Bill to be entitled an Act to amend Code Title 24, relating to courts, so as to provide that the clerk of the superior courts shall not be re quired to file any civil case or proceeding until a deposit has been made with said clerk on account of cost; and for other purposes.
Referred to the Committee on Judiciary.

HB 1191. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, so as to provide for the filling of vacancies occurring on the Board of Commissioners of the Ordinaries' Retirement Fund of Georgia; and for other purposes.
Referred to the Committee on Retirement.

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t

HB 1192. By Mr. Mason of the 13th:

A Bill to be entitled an Act to amend an Act providing lor retirement benefits for the Ordinaries of Georgia, so as to change the provisions
relative to membership, terms of office and expenses of the Commis sioners of the Ordinaries' Retirement Fund of Georgia; and for other
purposes.

Referred to the Committee on Retirement.

HB 1193. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend Code Section 24-1803, relating to bonds of Clerks of the ordinary, so as to increase the amount of such bonds; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1194. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, so as to reduce the age at which persons become eligible for benefits; and for other purposes.
Referred to the Committee on Retirement.

HB 1195. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend Code Section 24-1704, relating to the bond which must be given by ordinaries for the faithful dis charge of their duties, so as to increase the amount of said bond; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1196. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, so as to provide a method for increased benefits for Ordinaries and the secretary-treasurer of the Fund who have served for periods exceeding 20 years under certain circumstances; and for other purposes.
Referred to the Committee on Retirement.

HB 1197. By Messrs. Salem of the 51st, Harrison of the 58th, Potts of the 30th, Grantham of the 55th, Coney of the 82nd, Brown of the 32nd, Russell of the 70th and Keyton of the 70th:
A Bill to be entitled an Act to amend an Act known as the "Aid to Dependent Children Act", so as to provide that no grant of assistance or money shall be made thereunder to a mother for more than one

FRIDAY, JANUARY 14, 1972

247

illegitimate child by any county department of family and children services; and for other purposes.
Referred to the Committee on Welfare.

HB 1198. By Messrs. Buck of the 84th and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to provide that clerks retiring with 20 years' service will receive additional bene fits for each additional year of service; and for other purposes.
Referred to the Committee on Retirement.

HB 1199. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act establishing the Georgia Peace Officers Standards and Training Council, to redefine minimum peace officer preemployment standards relating to convictions of crimes; and for other purposes.
Referred to the Committee on Judiciary.

HB 1200. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to amend Chapter 92-31 of the Code relating to the imposition, rate and computation of Georgia Income Tax, and exemptions and deductions thereunder, so as to provide a tax credit or refund for certain taxpayers for sales taxes paid by said taxpayers; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1201. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to authorize and direct counties to levy a local retail sales tax; and for other pur poses.
Referred to the Committee on Ways and Means.

HB 1202. By Messrs. Smith of the 43rd, Floyd of the 7th, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
A Bill to be entitled an Act to provide supplementary appropriations for the fiscal year ending June 30, 1973, in addition to any other ap propriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.
Referred to the Committee on Appropriations.

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HB 1203. By Messrs. Smith of the 43rd, Floyd of the 7th, 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 amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Ap propriations Act", so as to change the appropriations and provisions relative to the fiscal year 1972-73; and for other purposes.
Referred to the Committee on Appropriations.

HB 1204. By Messrs. Smith of the 43rd, Floyd of the 7th, 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 amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Ap propriations Act", so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1972; and for other purposes.
Referred to the Committee on Appropriations.

HB 1205. By Messrs. Felton of the 95th, Pinkston of the 81st, Nunn of the 41st, Hawes of the 95th, Melton and Brown of the 32nd and others:
A Bill to be entitled an Act to amend Code Section 74-104, relating to the age of majority, so as to change the age of majority; and for other purposes.
Referred to the Committee on Judiciary.

HR 528-1205. By Messrs, Dean and Mason of the 13th:
A Resolution proposing an amendment to the Constitution so as to provide that each resident of Gwinnett County who is 62 years of age or over and who has a net income not exceeding $5,000 per annum shall be granted an exemption of $6,000 on his homestead, such ex emption to be from all ad valorem taxation and school purposes.
Referred to the Committee on Ways and Means.

HR 529-1205. By Mr. Northcutt of the 21st:
A Resolution proposing an amendment to the Constitution so as to provide that the Director of the State Highway Department and the Director of Public Safety shall be elected in the same manner as the Governor and all procedures pertaining to the election of the Governor shall apply to said officers; and for other purposes.
Referred to the Committee on Rules.

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249

HR 530-1205. By Messrs. Northcutt of the 21st, Wheeler of the 57th, Housley ; . . of the 117th, Davis of the 75th, Adams of the 9th and others:
A Resolution proposing an amendment to the Constitution so as to provide for the election of members of the State Board of Education by the General Assembly in such manner as may be provided by law; and for other purposes.
Referred to the Committee on Education.

HR 531-1205. By Messrs. Jordan of the 74th, Davis of the 75th, Farrar of the 77th, Collins of the 72nd, Bell of the 73rd and others:
A Resolution proposing an amendment to the Constitution so as to authorize and direct the governing authority of DeKalb County to pay to the Board of Education of DeKalb County 50% of the total revenue realized by said County from the sale of malt beverages and wines therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 532-1205. By Mr. Whitmire of the llth:
A Resolution compensating Mr. David A. Lane and Mrs. Beverly H. Lane; and for other purposes.
Referred to the Committee on Appropriations.

HR 533-1205. By Mr. Smith of the 80th: A Resolution compensating Mr. Paul J. Hiers; and for other purposes.
Referred to the Committee on Appropriations.

HR 534-1205. By Mr. Smith of the 80th:
A Resolution compensating Mrs. Corrine D. Hiers; and for other pur poses.
Referred to the Committee on Appropriations.

HR 535-1205. By Mr. Smith of the 80th: A Resolution compensating Mrs. Wanda Hiers; and for other purposes.
Referred to the Committee on Appropriations.

HR 536-1205. By Mr. Whitmire of the llth: A Resolution compensating Mr. Hubert Bailey; and for other purposes.
Referred to the Committee on Appropriations.

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HR 537-1205. By Messrs. Greer of the 95th, Colwell of the 5th, Noble of the 73rd, McDonald of the 15th, Marcus of the 105th, Brown of the 81st and others:
A Resolution proposing an amendment to the Constitution so as to change the name and composition of the State Game and Fish Commis sion to the Board of Natural Resources; and for other purposes.
Referred to the Committee on Game and Fish.

HR 538-1205. By Mr. Isenberg of the 67th:
A Resolution compensating Mr. & Mrs. James Walker; and for other purposes.
Referred to the Committee on Appropriations.

HR 539-1205. By Mr. Buck of the 84th: A Resolution compensating Anne B. Smith; and for other purposes.
Referred to the Committee on Appropriations.

HR 540-1205. By Messrs. Alexander of the 96th, Larsen of the 113th, Thomason of the 77th and Noble of the 73rd:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the number and the apportionment of the members of the Senate and House of Representatives to be ef fective after the United States Decennial Census of 1980; and for other purposes.
Referred to the Committee on Legislative & Congressional Reapportionment.

HB 1206. By Mr. Levitas of the 77th: A Bill to be entitled an Act to regulate the sale and offer to sale of certain subdivided lands and practices pertaining thereto; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.
HB 1207. By Mr. Oxford and Mrs. Merritt of the 46th: A Bill to be entitled an Act to create and establish a Small Claims Court in and for Schley County; and for other purposes.
Referred to the Committee on Special Judiciary.

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251

HB 1208. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to be entitled an Act to abolish the office of Treasurer of Schley County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1209. By Messrs. Housley, Wilson, Howard, Kreeger, McDaniell and Atherton of the 117th:
A Bill to be entitled an Act to create the Cobb County Law Enforcement Study Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HR 541-1209. By Mr. Vaughn of the 74th:
A Resolution authorizing the cancellation of an easement granted to the State of Georgia in and over a certain tract of land in Gwinnett County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1210. By Mr. Dean of the 76th:
A Bill to be entitled an Act to require the State Board of Education to provide eye examinations for students in the public schools of this State; and for other purposes.
Referred to the Committee on Education.

HB 1211. By Messrs. Greer of the 95th and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating emeritus offices for certain state officials, so as to provide the salary to be paid to emeritus officers; and for other purposes.
Referred to the Committee on Retirement.

.HB 1212. By Messrs. Pickard of the 84th and Thompson of the 85th:
A Bill to be entitled an Act to prohibit any public utility or its af filiate from engaging, directly or indirectly in promotional practices as defined in this Act or in connection with the promotion or sale of any appliance or equipment which consumes or utilized electric energy or gas energy; and for other purposes.
Referred to the Committee on Industry.

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JOURNAL OF THE HOUSE,

HB 1213. By Messrs. Greer of the 95th and Buck of the 84th:
A Bill to be entitled an Act to authorize the imposition by municipalities and counties of an excise tax upon the sale of malt beverages; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1214. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Insurance Code", so as to provide for the installment payment of an nual premium taxes on monthly basis; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1215. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act establishing the State Em ployees' Retirement System, so as to provide for the payment of life time benefits to widows of certain members of the Uniform Division of the Department of Public Safety and certain officers or agents of the Georgia Bureau of Investigation; and for other purposes.
Referred to the Committee on Retirement.

HB 1216. By Messrs. Gaynor of the 88th, Gignilliat of the 89th, Mrs. Merritt of the 46th, Messrs. Thompson of the 85th and Mulherin of the 78th:
A Bill to be entitled an Act to recreate and reestablish the Georgia Commission for the National Bicentennial Celebration; and for other purposes.
Referred to the Committee on Rules.

HB 1217. By Messrs. Gaynor of the 88th, Gignilliat of the 89th, Hill of the 94th, Triplett of the 93rd, Jones of the 87th, Blackshear of the 91st, Alien of the 92nd and Battle of the 90th:
A Bill to be entitled an Act to amend Code Section 24-2714, relating to the duties of the clerks of the superior court, so as to provide that instruments evidencing the title to real property may be recorded on microfilm provided the proper indices and adequate material are main tained; and for other purposes.
Referred to the Committee on Judiciary.

HB 1218. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations

FKIDAY, JANUARY 14, 1972

253

governing the payment of pensions to County employees of said County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1219. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act authorizing the Board of Commissioners of Pulton County to establish rules and regulations governing the payment of pensions to County employees of said County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 542-1219. By Mr. Adams of the 100th: A Resolution compensating Miss Sheila Wingo Lee; and for other pur poses.
Referred to the Committee on Appropriations.
HB 1220. 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 the procedure relative to the assignment of an agency to a department for administrative purposes only in the "Executive Reorganization Plan of 1972"; and for other purposes.
Referred to the Committee on Rules.
By unanimous consent, the following Bills and Resolutions of the House "were read the second time:
HB 1168. By Mr. Adams of the 9th: A Bill to be entitled an Act to amend Code Section 13-9933, relating to checks or drafts without funds, so as to change the provisions relating to checks or drafts without funds; and for other purposes.
HB 1169. By Messrs. Adams of the 100th, Smith of the 39th, Gary of the 21st and Johnson of the 29th: A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to provide that trailers and semi-trailers of 2,500 pounds gross weight and less shall be exempt from the annual inspection provisions of said Act; and for other purposes.

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HB 1170. By Messrs, Northcutt of the 21st, Longino of the 98th and Lee of the 21st:
A Bill to be entitled an Act to provide that no municipality shall have the power or authority to regulate in any manner the operation of any taxi or cab stand which is located upon private property; and for other purposes.

HB 1171. By Messrs. Bennett of the 71st and Bostick of the 63rd:
A Bill to be entitled an Act to amend Code Section 113-610, relative to the requirement that a custodian file a will with the ordinary so as to provide that in cases in which the spouse surviving heir said spouse may elect not to file the will for probate; and for other purposes.

HB 1172. By Messrs. Longino of the 98th, Jordan of the 74th, Williams, Wood and Whitmire of the llth, Brown of the 32nd, Miller of the 83rd and others:
A Bill to be entitled an Act to amend Chapter 13-2 of Title 13 of the Code of Georgia known as the "Banking Law", so as to clarify mean ings of certain words; to enact a new section prohibiting bank holding companies from acquiring shares of stock in a bank or corporation except under prescribed conditions; and for other purposes.

HB 1173. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, so as to change the amount of security on deposit with the Director which may be returned to the Executor or Administrator of a deceased depositor or the surviving spouse or heirs if there is no Executor or Administrator; and for other purposes.

HB 1174. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Calhoun, so as to change the date of elections in said City; and for other purposes.

HR 522-1174. By Mr. Stephens of the 103rd: A Resolution compensating Stella Dozier; and for other purposes.

HR 523-1174. By Mr. Sherman of the 80th:
A Resolution compensating Mr. Joseph D. Purvis, Special Agent in_ Charge, Federal Bureau of Investigation; and for other purposes.

FRIDAY, JANUARY 14, 1972

255

HB 1175. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Section 105-2012 of the Code of Georgia providing- for the right of contribution among several trespas sers, so as to provide the right of contribution from others shall be continued unabated and shall not be lost or prejudiced for settlement of a claim for wrongful death; and for other purposes.

HB 1176, By Mr. Busbee of the 61st:
A Bill to be entitled an Act to provide that without the necessity of being charged by suit or judgment the right of indemnity, express or implied, from another or others shall continue unabated and shall not be lost or prejudiced by settlement of a claim for injury to person or property or for wrongful death and release therefrom; and for other purposes.
HB 1177. By Messrs. Wheeler of the 57th, Collins of the 62nd, Reaves of the 71st, Grantham of the 55th and others:
A Bill to be entitled an Act to amend an Act, relating to the sale of flue-cured leaf tobacco in this State, so as to authorize the Commis sioner of Agriculture to promulgate regulations prescribing physical standards for leaf tobacco warehouses; and for other purposes.
HB 1178. By Messrs. Bennett of the 71st and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Section 9-202, relating to prior legal practice and experience qualification with respect to admis sion of attorneys from other states, so as to change the provisions relating to prior legal practice; and for other purposes.

HB 1179. By Messrs. Lambert of the 25th, Pickard of the 84th, Thompson of the 85th, Roach of the 10th, Bell of the 73rd and Carr of the 35th:
A Bill to be entitled an Act to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, so as to provide that no change shall be made by any utility in any rate, charge, classification or service, or in any rule or regulation except upon 30 days' notice under certain conditions; and for other purposes.

HB 1180. By Messrs. Lambert of the 25th, Pickard of the 84th, Thompson of the 85th, Carr of the 35th, Bell of the 73rd, Collier of the 54th and Roach of the 10th:
A Bill to be entitled an Act to amend an Act entitled "The Georgia Administrative Procedure Act", so as to place the Public Service Commission under said Act; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1181. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia to be known as the Alcovy Judicial Circuit, to be composed of the counties of Newton and Walton; and for other pur poses.

HR 524-1181. By Mr. Atherton of the 117th:
A Resolution compensating Mr. Larry Wayne Pruitt; and for other purposes.

HR 525-1181. By Messrs. Atherton, Wilson, Housley, Howard, Kreeger, Burruss and McDaniell of the 117th:
A Resolution authorizing a survey to be made by the Secretary of State involving certain properties in the 18th District of Cobb County; and for other purposes.

HB 1182. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to termina tion of membership; and for other purposes.

HB 1183. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to receiving creditable service for service rendered in a local system prior to mem bership; and for other purposes.

HB 1184. By Messrs. Farrar of the 77th, Buck of the 84th, Mason of the 13th, Dean of the 19th, Coney of the 118th and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to service retirement benefits, allowance on service retirement and disability re tirement allowance; and for other purposes.

HB 1185. By Messrs. McCracken of the 36th, Ware of the 30th, Wood of the llth, Gunter of the 6th, Shanahan of the 8th and Jessup of the 49th:
A Bill to be entitled an Act to amend an Act relating to the giving of security by owners and operators of certain motor vehicles and the revocation and suspension of certain driver's licenses, so as to delete therefrom certain of the restrictions placed upon the Director relativeto the deposit of securities; and for other purposes.

FRIDAY, JANUARY 14, 1972

257

HR 526-1185. By Mrs. Merritt and Mr. Oxford of the 46th: . . ; ... .
A Resolution authorizing the conveyance of certain real estate located in the City of Montezuma in Macon County; and for other purposes.

HB 1186. By Messrs, Thomason of the 77th and Nunn of the 41st:
A Bill to be entitled an Act to establish and create a program, to provide scholarships to the children of law enforcement officers, fire men and prison guards who are permanently disabled or killed in the line of duty; to provide for the administration of the program of scholarships by the Georgia State Scholarship Commission; and for other purposes.
HB 1187. By Messrs. Brown, Evans, Scarborough and Bennett of the 81st, Chappell of the 42nd, Brown of the 32nd and Miller of the 83rd: '
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide that the De partment of Public Safety shall establish, maintain and operate motor vehicle safety inspection stations; and for other purposes.

HB 1188. By Mr. Brown of the 81st:

A Bill to be entitled an Act to amend Code Section 67-2003, relating

to mechanics' liens, so as to provide that such liens may include certain

claims for storage; and for other purposes.

,

HR 527-1188. By Messrs. Shanahan of the 8th, Floyd of the 75th, Brantley of the 114th, Colwell of the 5th, Hood of the 99th, Dixon of the 65th and others:
A Resolution proposing an amendment to the Constitution so as to provide that the property of any unmarried female who is 65 years of age or older and who has an income of $4,000 per year shall be exempt from all ad valorem taxation for school purposes; and for other pur poses.

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

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JOURNAL OF THE HOUSE,

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

HB 1127. Do Pass.

HB 1148. Do Pass.

HB 1149. Do Pass.

''.. '

Respectfully submitted,

Levitas of the 77th District,

Chairman.

i .B,y unanimous consent, the following Bills of the House were taken up for 'consideration and read the third time:

.HB 1127. By Messrs. Brown and Melton of the 32nd: A Bill to be entitled an Act to amend an Act entitled "Griffin-Spalding County School System", as amended, so as to abolish the five districts designated as County Districts and the five designated as City Districts, and to provide for the election of 10 members of the Board of Education from the County at large; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1148. By Messrs. Snow, Hays and Clements of the 1st: A Bill to be entitled an Act to amend an Act incorporating the City of Lookout Mountain, as amended, so as to regulate the imposition and collection of a garbage service charge by said city; to strike en tirely the Section relating to the operation of a service station; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 100, nays 0.

FRIDAY, JANUARY 14, 1972

259

The Bill, having1 received the requisite constitutional majority, was passed.

HB 1149. By Messrs. Snow, Hays and Clements of the 1st:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Walker County upon an annual salary, as amended, so as to 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 100, nays 0.

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

Mr. Adams of the 100th moved that the following Bill of the House be withdrawn from further consideration:

HB 1117. By Mr. Adams of the 100th:
A Bill to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payments of pensions to County employees of said County; and for other purposes.

The motion prevailed.

Mr. Adams of the 100th moved that the following1 Bill of the House be with drawn from further consideration:

HB 1118. By Mr. Adams of the 100th: A Bill to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payments of pensions to County employees of said County; ... so as to provide that the highest 36 months of service shall be used in computing pensions; and for other purposes.
The motion prevailed.

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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 adheres to its substitute and has appointed a Committee of Conference on 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 Commission; and for other purposes.

The President has appointed on the part of the Senate the following Sena tors: Higginbotham of the 43rd, Tysinger of the 41st, and Cleland of the 55th,

The following Resolutions of the House were read and adopted:

HR 543. By Messrs. Matthews of the 16th, Connell of the 79th, Ross of the 26th, Alexander of the 108th, Atherton of the 117th and Battle of the 90th:
A RESOLUTION
Expressing regrets at the passing of Mrs. George L. Simpson Sr.; and for other purposes.
WHEREAS, the members of this body are deeply saddened to have learned of the death on this date of Mrs. George L. Simpson, Sr., the beloved mother of Chancellor George L. Simpson; and
WHEREAS, during her long and eventful life, Mrs. Simpson was ;; ; , ...; .an outstanding contributor to the religious, civic and social life of her
community and State; and
WHEREAS, her untimely death will deprive her many friends and acquaintances of her advice, charm and wit.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deepest and sincerest regrets and sympathy at the passing of one of this State's most outstanding and distinguished ladies, Mrs. George L. Simpson, Sr., the mother of the distinguished Chancellor of the University System of Georgia.
BE IT FURTHER RESOLVED that the Clerk of the House of

FRIDAY, JANUARY 14, 1972

261

Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to Chancellor George L. Simpson.

HR 544. By Messrs. Cheeks and Miles of the 78th:

A RESOLUTION

Commending the Marine Corps Junior ROTC Unit of te George P. Butler High School in Augusta, Georgia; and for other purposes.

WHEREAS, the Marine Corps Junior ROTC Unit at the George P. Butler High School in Augusta, Georgia, has recently received a first runner-up unit award as the outstanding Marine Corps Junior ROTC Unit in the United States for 1970-1971; and

WHEREAS, this outstanding achievement was accomplished dur

ing the first year of the unit's activation; and

!

WHEREAS, this outstanding national award was presented to the unit by the Assistant Commandant of the Marine Corps on November 23, 1971; and

WHEREAS, the unit was judged on the academic standing of the members in courses other than ROTC, on grades in ROTC, on curriculum, on service to the school and community, on discipline in the school and community, inspections, on physical fitness, on the unit's ability to perform intricate maneuvers, and on the unit's performance of drill activities; and

WHEREAS, membership in the unit is voluntary on the part of

the students; and

;;

WHEREAS, this outstanding Marine Corps Junior ROTC Unit is commanded by Lt. Col. Roy B. Whitlock, USMC (Ret.), Senior Marine Instructor, and Master Sgt. Jack J. Vicory, USMC (Ret.), Assistant Marine Instructor; and

WHEREAS, the members of this outstanding organization are: Sgt. William M. Adams, 2nd Lt. Robert D. Bauer, Sgt. Maj. Ernest J. Black, Cpl. Herman W. Boozer, Sgt, Phillip Dickerson; G4/Sgt. Christopher DuBose, Pfc. Charles A. Goodwin, Capt. Gerold D. Harris, S/Sgt. Morris Harrison, Cpl. David K. Howard, Cpl. John E. Huey, Cpl. Michael L. Martin, Sgt. Lawrence D. May, Sgt. Paul A. McCoy, 1st Lt. Robert Oellerich, Capt. Francis Rodriguez, Cpl. Patrick Schofield, 1st Lt. Michael C. Walls, Cpl. Stephen Williams, Pfc. Charles M. Wilson, Maj. Richard A. Aldrich, Pfc. David Alexander, Cpl. Donald Baldowski, S/Sgt. Darrell A. Bragg, Pfc. Grady Brown, Cpl. Charles E. Cawley, 1st Lt. Walter L. Clark, Cpl. William B. Cooper, Pfc. William C. Crabbe, Sgt. Richard M. Garner, Cpl. Michael K. Gatch, S/Sgt. Elwin E. Gilchrist, Cpl. Jimmy A. Greenway, 2nd Lt. Jack R. Hughes, G4/Sgt. Ronald P. Irick, S/Sgt. Lonnie L. Keyes, Pvt. Michael E. Knauber, S/Sgt. Thomas F. Knauber, Cpl. John M. Landers, S/Sgt.

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JOURNAL OF THE HOUSE,

Edward E. Leggett, Pfc. Fredrick O. Mitchum, 1st Lt. Vernon L.
Mobley, Cpl. John P. Noonan, 2nd Lt. Lester W. Perkins, Pfc. James L. Reynolds, Pfc. Donald B. Shaw, Cpl. Renny K. Williams, 1st Sgt. David L. Zeigler, 2nd Lt. Joseph B. Anchors, Cpl. David T. Anderson, 2nd Lt. Herman J. Arrington, 2nd Lt. William R. Avera, 2nd Lt. Steven H. Bagwell, 1st. Lt. John L. Brantly, S/Sgt. Kenneth D. Burch, Cpl. Douglas L. Cunningham, S/Sgt. Carl M. Daniel, Cpl. David A. Daniel, Cpl. Obert D. Davis, Maj. Howard A. Drew, Sgt. Glenn E. Duvall, S/Sgt. Jeff M. Grossman, Sgt. Timothy R. Harris, Pfc. John D. Hatha way, 2nd Lt. Thomas M. Hoffman, Pfc. Russell G. James, 1st Lt. Charles C. Logue, Sgt. Robert B. Mastroianni, Sgt. John W. Murrah, Lt. Col. William W. Murphy, Col. Calvin W. Nance, 1st Sgt. Robert L. Norman, Maj. Michael D. Redmond, 1st. Lt. Marcelo C. Rodriquez, Capt. Lewis C. Seibert, Cpl. Michael H. Shumate, S/Sgt. David L. Snyder, Cpl. Jerome A. Sogge, 1st Lt. Fredrick H. Steadman, Cpl. David G. Thomas.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend and congratulate the Marine Corps Junior ROTC Unit of the George P. Butler High School on being named as the first runner-up as the outstanding Marine Corps Junior ROTC Unit in the United
States for 1970-1971.

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 George P. Butler High School, Lt. Col. Roy B. Whitlock, USMC (Ret.), Senior Marine Instructor, and Master Sgt. Jack J. Vicory, USMC (Ret.), Assistant Marine Instructor, and to each member of the unit hereinabove named.

HR 545. By Messrs. Leggett of the 67th, Bohannon of the 20th, Wheeler of the 57th, Dailey of the 53rd and Marcus of the 105th:
A RESOLUTION
Commending Mrs. Edith Wise Isenberg; and for other purposes.
WHEREAS, Mrs. Edith Wise Isenberg married the distinguished Representative from the 67th District in Atlanta, Georgia, on January 12, 1936; and
WHEREAS, Representative and Mrs. Isenberg are celebrating their 36th wedding anniversary today, January 12, 1972; and
WHEREAS, Mrs. Isenberg is the mother of three outstanding children; and
WHEREAS, it is only fitting and proper that Mrs. Edith Wise Isenberg be recognized and commended for her outstanding 36-year marriage to the sage Representative from Glynn County.

FRIDAY, JANUARY 14, 1972

263

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the members of this body do hereby recog nize and commend Mrs. Edith Wise Isenberg on the occasion of the 36th anniversary of her marriage to the Honorable Joe Isenberg.

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. Edith Wise Isenberg.

HR 546. By Messrs. Scarborough, Pinkston, Brown and Bennett of the 81st, Miller of the 83rd and Coney of the 82nd:
A RESOLUTION
Commending George Lewis Ivey III; and for other purposes.
WHEREAS, Macon R.O.T.C. Cadet George Lewis Ivey III recently received the Legion Valor Bronze Cross; and
WHEREAS, he was one of two high school seniors in the sevenstate Southeastern area to receive this outstanding honor; and
WHEREAS, this remarkable young man has many other great accomplishments to his credit, including being the only Macon Cadet ever to amass 200 promotion points which determine R.O.T.C. per formance, maintaining an "A" academic average, being selected to participate in the 1971 Governor's Honors Program and being selected to participate in the Veterans of Foreign Wars National Championship Drill Team "Golden Boots" for two years; and
WHEREAS, he sets an outstanding example for the youth of our State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend George Lewis Ivey III for his many outstanding accomplishments.
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 George Lewis Ivey III.

Under the provisions of HB 1, passed by the 1971 Regular Session of the General Assembly (Act No. 2, Ga. Laws 1971, pp. 4-9), the Executive Re organization Plan of 1972 was again taken up for consideration.

The following Sections, having previously been read and requests for vetoes thereon having been filed with the Clerk on the previous legislative day, Lwere again taken up for consideration:

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JOURNAL OF THE HOUSE,

Section 104. Structure of Executive Branch of State Government
(a) All executive offices, boards, commissions, committees, agencies, departments, bureaus, and instrumentalities of the Executive Branch of State Government, and their respective functions, are allocated by this Plan among and within the following departments or offices con: ; tinued or established by this Plan:
Governor Lieutenant Governor Department of Administrative Services Department of Agriculture Department of Audits and Accounts Department of Industry and Trade Comptroller General Department of Defense Department of Education : .. Department of Financial Regulation Department of Human Resources Department of Labor Department of Law Department of Natural Resources Department of Public Safety Public Service Commission Department of Revenue Secretary of State State Scholarship Commission Department of Transportation Treasurer

Board of Regents of the University System of Georgia State Department of Veterans Service.

(b) For its internal structure, each department shall adhere to the following standard terms: (1) the principal unit of a department is a "division." Each division shall be headed by a "director." (2) The principal unit of a division is a "section." Each section shall be headed by a "supervisor."

Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th and others moved that Section 104 be vetoed.

FRIDAY, JANUARY 14, 1972

265

On the motion to veto, 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 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 Burruss Busbee Carr Carter Chance Chandler Chappell Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard

Farrar Felton Floyd, J. H.
Fraser Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Gunter 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 Knight Knowles Kreeger Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett Le vitas Lewis Logan Longino
Lowrey Marcus Mason

Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Murphy Nessmith Noble Nunn Odom Patterson Patten 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 Shan ah an Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Sweat Thomason Thompson Toles Tripp Turner Vaughn

266
Ware Wheeler, Bobby Wheeler, J. A.

JOURNAL OF THE HOUSE,

Whitmire Williams Wilson

Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, G. D. Atherton Barfield Brown, C. Cheeks Collier Dean, Gib Dean, J. E. Drury Egan Floyd, L. R. Gary Gaynor

Granade Hamilton Hood King Lambert Lane, Dick Matthews, D. R. Moore Mullinax Northcutt Oxford Pearce Pickard

Rainey Savage Scarborough
Shepherd Sherman Sorrells Strickland
Townsend Triplett Wamble Mr. Speaker

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

The motion prevailed and Section 104 was vetoed.

Messrs. Brown of the 32nd, Rainey of the 47th and Cheeks of the 78th stated that they had been called from the floor of the House when the roll was called on the motion to veto Section 104. They wished to be recorded as voting "aye".
Section 105. Assignment for Administrative Purposes Only.
(a) An agency assigned to a department for administrative pur poses only in this Plan shall:
(1) Exercise its quasi-judicial, rule-making, licensing or policymaking functions independently of the department and without approval or control of the department. The Governor shall resolve any questions concerning whether a function is policy-making or administrative and his decision shall be final.
(2) Prepare its budget, if any, and submit its budgetary re quests, if any, through the department.
(b) The department to which an agency is assigned for administra tive purposes only in this Plan shall:
(1) Provide record keeping, reporting, and related administra tive and clerical functions for the agency and provide staff for the

FRIDAY, JANUARY 14, 1972

267

agency; in addition the department shall include in the departmental budget the agency's budgetary request, if any, as prepared and submitted to the department.

(2) The agency may hire its own personnel only if authorized in this Plan or the Constitution; provided, however, with the ap proval of the Governor the agency may hire personal secretaries and its chief administrative officer.

(3) Disseminate for the agency any required notices, rules, or orders adopted, amended, or repealed by the agency.

(c) Whenever any authority is assigned for administrative pur poses, it means only that the State Department through which the au thority deals with the State shall be that Department to which the authority is assigned by this Plan. Any authority created by Georgia law shall retain its separate identity as an instrumentality of the State and a public corporation. The Department to which an authority is assigned is authorized to perform for such authority all functions set forth in Section 105 (b) (1).

(d) Any retirement system assigned for administrative purposes shall retain its separate identity and the department to which it is assigned is authorized to perform for such retirement system all func tions set forth in Section 105 (b) (1).

Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th and others moved that Section 105 be vetoed.

On the motion to veto, 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 Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen

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

Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Dean, Gib Dean, N. Dent Dixon Dorrainy Drury Edwards

268
Evans
Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington. Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Knight Knowles
Kreeger

JOURNAL OF THE HOUSE,

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 Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce
Peters

Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage ghanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Toles Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, John Bell Carr Collier Davis, W. Dean, J. E. Egan Gary

Hamilton Hill, B. L. Hood King Matthews, D. R. Mullinax Scarborough Sherman

Strickland Thomason Thompson Townsend Triplett Wamble Mr. Speaker

FRIDAY, JANUARY 14, 1972

269

On the motion to veto, the ayes were 172, nays 0.

The motion prevailed and Section 105 was vetoed.
Section 111. Rights to Property.
(a) The department which succeeds to all or part of the functions of an agency under this Plan also succeeds to the rights to all real and personal property of that agency relating to the functions or parts of functions transferred. The property shall include real property, records, office equipment, supplies, contracts, books, papers, documents, maps, appropriations, accounts within and without the State Treasury, funds, vehicles, and all other similar property. However, the department or unit may not use property nor may it use or divert monies in a fund or an account for any purpose other than provided by law. The Governor shall resolve any conflict as to the proper disposition of the property and his decision shall be final.
(b) The real property of any agency abolished by this Reorganiza tion Plan, the functions of which agency are not continued or transferred to a department provided by this Plan, shall be transferred to the State Properties Control Commission, unless otherwise provided by this Plan.
(c) The personal property of any agency abolished by this Re organization Plan, the functions of which agency are not continued or transferred to a department provided by this Plan, shall be trans ferred to the Department of Administrative Services, unless otherwise provided by this Plan. Any funds held by any such agency shall revert to the General Fund of the State.
(d) This section does not apply to property owned by the federal government or any local governments.

Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th and others moved that Section 111 be vetoed.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield

Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon

Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.

270
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 Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dorminy Drury Edwards Evans Ezzard Felton Floyd, J. H. Floyd, L. E. Fraser Gaynor
Geisinger
Gignilliat
Grahl
Granade
Grantham
Greer
Griffin
Groover
Gunter
Ham
Harrington
Harris
Harrison
Hawes
Hays

JOURNAL OF THE HOUSE,

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 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
Murphy
Nessmith
Noble

Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens
Sweat
Thompson
Toles
Townsend
Tripp
Turner
Vaughn
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Voting in the negative was Mr. King.

FRIDAY, JANUARY 14, 1972

271

Those not voting were Messrs.:

Buck Burruss Collier Dean, J. E. Dixon Egan Farrar

Gary Hamilton Hill, B. L. Hood Isenberg Matthews, D. R. Mullinax

Sherman Strickland Thomason Tripplett Wamble Mr. Speaker

On the motion to veto, the ayes were 174, nays 1.

The motion prevailed and Section 111 was vetoed.
Section 116. Compensation of Department Heads and Commission ers.
The heads of departments continued by this Plan shall be compen sated as presently provided by law. The compensation of the heads of departments created by this Plan shall be determined by the General Assembly. Compensation for unclassified positions within any agency created by this Plan shall be established by the official in charge of the agency.
Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th and others moved that Section 116 be vetoed.

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

Those voting in the affirmative were Messrs.

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

Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carr Carter Chance Chandler Chappell Cheeks

Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N.

272
Dent Dixon Dorminy Drury Edwards Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gay nor Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton
King

JOURNAL OF THE HOUSE,

Knight Knowles Kreeger Lambert Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W.
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 Murphy Nessmith
Noble Northcutt
Nunn Odom Oxford Patterson

Patten
Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston
Poole Potts
Rainey Reaves Ross
Rush Russell, A. B. Russell, H. P. Russell, W. B.
Salem Savage Scarborough Shanahan
Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Stephens Sweat Thomason Thompson
Toles Tripp Turner Vaughn
Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Blackshear Burruss Collier Dean, J. E. Egan Farrar Gary Geisinger

Hamilton Hill, B. L. Hood Lee, W. J. (Bill) Mullinax Pearce Roach Sherman

Snow Sorrells Strickland Townsend Triplett Wamble Mr. Speaker

FRIDAY, JANUARY 14, 1972

273

On the motion to veto, the ayes were 172, nays 0.

The motion prevailed and Section 116 was vetoed.
Section 118. Chairmen of Boards.
Unless otherwise provided by law, the chairman of a policy board shall be appointed by the Governor.

Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th and others moved that Section 118 be vetoed.

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

Those voting in the affirmative were Messrs.

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

Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer

Griffin Groover Gunter Ham
Hamilton Harrington Harris Harrison
Hawes Hays Hill, G. Horton Housley Howard Howell
Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan King Knight Knowles Kreeger Lane, Dick
Lane, W. J. Larsen, G. K.
Larsen, W. W. Lee, W. J. (Bill)

274

JOURNAL OF THE HOUSE,

Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey Marcus Matthews, C.
Matthews, D. R.
Mauldin
Maxwell McCracken
McDaniell
McDonald
Melton
Merritt
Miles
Milford
Miller
Moore Morgan
Moyer Mulherin
Murphy

Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Peters
Phillips, G. S.
Phillips, L. L.
Phillips, W. R.
Pinkston
Poole
Potts Rainey
Reaves
Roach
Ross
Rush
Russell, A. B.
Russell, H. P.
Russell, W. B.
Salem
Savage

Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens
Sweat Thompson
Toles
Townsend
Tripp
Turner
Vaughn
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Blackshear Buck Collier Dean, J. E. Egan Farrar Gary

Hill, B. L. Hood
Keyton Lambert
Mason Mullinax Pearce

Pickard Sherman Sorrells
Strickland Thomason Triplett Mr. Speaker

On the motion to veto, the ayes were 174, nays 0.

The motion prevailed and Section 118 was vetoed.
Section 119. Federal Aid.
Whenever any agency or function is transferred, the resulting agency performing the transferred function shall be construed as a continuation of the original agency for the purposes of federal aid, and may continue to receive any such funds to carry out or perform such functions.

FRIDAY, JANUARY 14, 1972

275

Mr. Northcutt of the 21st asked unanimous consent that his request for veto of Section 119 be withdrawn.

The consent was granted and Section 119 was approved.
Section 203. State Planning and Community Affairs Policy Board --Functions Transferred.
All of the functions of the State Planning and Community Affairs Policy Board, created in Ga. Laws 1970, p. 321 (Ga. Code Ann. 402909), are transferred as provided in Section 205 of this Plan.
Mr. Levitas of the 77th asked unanimous consent that his request for veto of Section 203 be withdrawn.

The consent was granted and Section 203 was approved.
Section 204. State Planning and Community Affairs Officer-- Functions Transferred.
All the functions of the State Planning and Community Affairs Officer, created in Ga. Laws 1970, p. 321 (Ga. Code Ann. 40-2909), are transferred to the Director of the Office of Planning and Budget created in this Chapter. Unless inconsistent with this Plan, any ref erence in Georgia Laws to the State Planning and Community Affairs Officer means the Director of the Office of Planning and Budget.

Mr. Levitas of the 77th asked unanimous consent that his request for veto of Section 204 be withdrawn.

The consent was granted and Section 204 was approved.
Section 205. Bureau of State Planning and Community Affairs-- Functions Transferred.
(a) All of the functions of the Bureau of State Planning and Community Affairs, set forth in Ga. Laws 1967, p. 252, (Act No. 123), Sections 5 and 6 are transferred to the Department of Industry and Trade. All other functions of the Bureau of State Planning and Com munity Affairs, set forth in Ga. Laws 1967, p. 252, are transferred to the Office of Planning and Budget unless otherwise inconsistent with this Plan.
(b) All functions of the Bureau of State Planning and Community Affairs set forth in Ga. Laws 1970, pp. 321-332, (Act No. 1066), Sections 4f, 6, 8b, 9, lOa and lOc are transferred to the Office of

276

JOURNAL OF THE HOUSE,

Planning and Budget. All functions set forth in Sections 2, 3b, 3c, 4a, 4b, 4c, 4e and 7 of Ga. Laws 1970, pp. 321-332 are abolished. All other functions, set forth in Ga. Laws 1970, pp. 321-332, except those provided in Section lOe, transferred to the Department of Human Resources in Section 1211 of this Plan, and Sections 3a, 11, and 12, are transferred to the Department of Industry and Trade. The functions set forth in Sections 3a, 11 and 12 of said statute are transferred to the Board of Commissioners of the Department of Industry and Trade.

Mr. Levitas of the 77th asked unanimous consent that his request for veto of Section 205 be withdrawn.

The consent was granted and Section 205 was approved.
Section 401. Department of Administrative Services--Created Head.
There is created a Department of Administrative Services. The department head is the Commissioner. The Commissioner shall be ap pointed by the Governor by and with the advice and consent of the Senate. The Commissioner shall serve at the pleasure of the Governor.

Mr. Murphy of the 19th moved that Section 401 be vetoed.

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

Those voting in the affirmative were Messrs.:

Barfield Bennett, J. T. Brantley, H. L. Chandler Cole Collins, M. Conger Connell Dorminy Floyd, J. H. Grahl Griffin
Groover

Ham Harris Harrison Howard Knowles Lane, W. J. Lewis Matthews, C. Matthews, D. R. McCracken Miles Milford

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John

Adams, Marvin Alexander, W. H.

Murphy Nessmith Northcutt Odom Peters Phillips, L. L. Phillips, W. R. Poole Russell, H. P. Salem Stephens Wheeler, Bobby
Alexander, W. M. Atherton

FRIDAY, JANUARY 14, 1972

277

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

Granade Grantham Greer Gunter Hamilton Harrington Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessnp Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Lowrey Marcus Mason Maxwell McDaniell McDonald Melton Merritt Miller

Moore Morgan Moyer Mulherin Mullinax Noble Nunn
Oxford Patterson Patten Pearce Phillips, G. S. Pickard Pinkston Potts Reaves Roach Rush Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson Toles Townsend Triplett Tripp Vaughn Wamble Ware Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alien Bowen Buck Collier Dean, J. E.

Gary Mauldin Rainey Ross

Sherman Strickland Turner Mr. Speaker

278

JOURNAL OF THE HOUSE,

On the motion to veto, the ayes were 37, nays 145.

The motion was lost and Section 401 was approved.

Mr. Mauldin of the 12th stated that due to mechanical failure he was unable to record his vote. He wish to be recorded as voting "nay".
Section 403. Air Transportation--Functions Transferred.
All of the functions of the State Department of Air Transportation and the State Board of Transportation, created by Ga. Laws 1968, p. 130 (Ga. Code Ann. Ch. 40-30), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Department of Air Transportation or the State Board of Air Transportation means the Department of Administrative Services.

Mr. Hill of the 97th moved that Section 403 be vetoed.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Barfield Bennett, J. T. Bostick
Brantley, H. H. Carter

Dixon Hill, G. Lane, Dick Lane, W. J.
Lewis Miles

Those voting in the negative were Messrs.:

Adams, John
Adams, Marvin Alexadner, W. H. Alexander, W. M. Alien Atherton Battle Bell
Bennett, Tom Berry Black
Blackshear Bohannon Bond
Brantley, H. L.

Bray
Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Chandler
Chappell Cheeks Clements
Cole Collins, S. Colwell
Coney, G. D.

Nessmith Northcutt Russell, H. P. Sweat
Coney, J. L. Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dorminy Drury Edwards Egan Evans Ezzard

Farrar Felton
Floyd, L. R. Fraser
Geisinger Gignilliat Grahl
Granade Grantham Greer Griffin Groover Gunter Ham Hamilton
Harrington Harris Harrison
Hood Horton Housley Howard
Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson
Jones, Herb Jones, J. R. Jordan Eeyton King
Knight Knowles
Kreeger

FRIDAY, JANUARY 14, 1972

279

Lambert
Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett Le vitas Longino Lowrey Marcus
Mason Matthews, C.
Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Milford Miller
Moore Morgan
Moyer Mullinax Murphy 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, W. B. Salem Scarborough Shanahan Shepherd
Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells
Thomason Thompson Townsend Triplett
Tripp Turner
Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson
Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Bowen Buck Chance Collier
Collins, M. Conger Connell
Dean, J. E. Floyd, J. H.

Gary Gaynor Hawes
Hays Hill, B. L.
Larsen, G. K. Logan Mulherin

Pickard
Ross Savage Sherman Stephens Strickland Toles Mr. Speaker

On the motion to veto, the ayes were 16, nays 154.

The motion was lost and Section 403 was approved.

280

JOURNAL OF THE HOUSE,

Mr. Connell of the 79th stated that he had been called from the floor of the House when the roll was called on the motion to veto Section 403. He wished to be recorded as voting "nay".

Section 408. Additional Functions Transferred.

The Governor shall have the authority to transfer the printing, duplication, reproduction, and copying functions of all State agencies to the Department. This Section shall be implemented by Executive Order of the Governor, and he shall have the authority to implement this Section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transfer, the Governor shall consult with the head of the depart ment affected and shall insure that such transfer shall not interrupt
such department's services.

Messrs. Murphy of the 19th and Northcutt of the 21st moved that Section 408 be vetoed.

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

Those voting in the affirmative were Messrs.

Adams, Marvin
Alien Berry
Black Bostick Bowen
Brantley, H. L. Bray Brown, C. Carr Carter Chance Chappell Cheeks Collins, M. Dixon Dorminy Felton
Floyd, J. H. Grahl

Groover Gunter Ham Harris
Harrison Hays
Housley Howard Howell
Hudson, Ted Jones, Herb Knight
Lane, W. J. Larsen, W. W. Matthews, D. R. Mauldin Maxwell McCracken Miles Milford

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John
Alexander, W. H.

Alexander, W. M. Atherton Barfield

Moore Murphy Nessmith Northcutt Pearce Peters Phillips, W. R. Poole Potts Rainey Reaves Rush Russell, H. P. Salem Sims Smith, J. R. Smith, V. T. Wheeler, Bobby Wilson
Battle Bell Bennett, J. T.

FRIDAY, JANUARY 14, 1972

281

Bennett, Tom Blackshear Bohannon Bond Brantley, H. H. Brown, B. D. Brown, S. P. Burruss Busbee Chandler Clements Cole Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Edwards Egan
Evans
Ezzard
Farrar
Floyd, L. R.
Fraser
Gignilliat
Granade
Greer

Griffin Hamilton Harrington Hill, G. Hood Horton Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey
Marcus
Mason
Matthews, C.
McDonald
Melton
Merritt
Miller
Morgan

Moyer Mulherin Mullinax Noble Nunn Odom Oxford Patterson Patten Phillips, G. S. Phillips, L. L. Pinkston Roach Ross Russell, A. B. Russell, W. B. Scarborough Shanahan Shepherd Smith, H. R. Snow Sorrells Stephens Sweat Thompson Townsend Tripp
Vaughn
Wanible
Ware
Wheeler, J. A.
Whitmire
Williams
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Buck Collier Dean, J. E. Dent
Drury Gary Gaynor Geisinger

Grantham
Hawes Hill, B. L. Larsen, G. K. McDaniell Pickard Savage

Sherman Strickland Thomason Toles Triplett Turner Mr. Speaker

On the motion to veto, the ayes were 59, nays 114.

The motion was lost and Section 408 was approved.

282

JOURNAL OF THE HOUSE,

Messrs. Toles of the 9th and Hill of the 94th stated that due to mechanical failure they were unable to record their vote on the motion to veto Section 408. They wished to be recorded as voting "nay".

Mr. Nunn of the 41st stated that he had inadvertently voted "nay", but meant to vote "aye" on the motion to veto Section 408,
Section 409. Additional Functions Transferred.
The Governor shall have the authority to transfer the electronic data processing and electronic computer service functions of all State agencies to the Department. This Section shall be implemented by Executive Order of the Governor, and he shall have the authority to implement this Section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transfer, the Governor shall consult with the head of the department affected and shall insure that such transfer shall not interrupt such department's services.

Messrs. Murphy of the 19th and Northcutt of the 21st moved that Section 409 be vetoed.

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

Those voting in the affirmative were Messrs.:

Berry Black Bostick Bowen Carter Cheeks Collins, M. Coney, J. L. Dailey Dixon

Floyd, J. H. Groover Housley Hutchinson Jones, Herb Keyton Lane, W. J. Mauldin McCracken Miles

Milford Nessmith Northcutt Pearce Phillips, W. R. Poole Potts Russell, H. P. Smith, V. T. Wilson

Those voting in the negative 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
Bond Brantley, H. H. Brantley, H. L. Bray

Brown, B. D.
Brown, C. Brown, S. P. Burruss
Carr Chance Chandler Chappell

Clements Cole Collins, S. Colwell Coney, G. D. Conger Connell Cook
Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser
Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G.

FRIDAY, JANUARY 14, 1972

283

Hood Horton Howard Howell Hudson, C. M. Hudson, Ted Isenberg Jessup Johnson Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McDonald Melton Merritt Miller Moore Morgan Moyer Mulherin Mullinax Murphy

Noble Nunn Odom Oxford Patterson Patten Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Roach Ross Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Sims Smith, H. R. Snow Sorrells Stephens Sweat Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T. Wood, R. E.

Those not voting were Messrs. :

Bell Blackshear Buck Busbee Collier Dent Gary

Gaynor Gunter Larsen, G. K. Larsen, W. W. McDaniell Pickard Rush

Shepherd Sherman Smith, J. R. Strickland Thomason Thompson Mr. Speaker

On the motion to veto, the ayes were 30, nays 144.

The motion was lost and Section 409 was approved.

284

JOURNAL OF THE HOUSE,

Messrs. Busbee of the 61st and Rush of the 51st stated that they had been called from the floor of the House when the roll was called on the motion to veto Section 409. They wished to be recorded as voting "nay".

Mr. Larsen of the 113th stated that he abstained from voting on the motion to veto Section 409 due to personal interests.
Section 410. State Treasurer--Functions Transferred.
The functions of the State Treasurer and the Treasury Department relating to payment of salaries and expenses to Judges, provided for in Ga. Laws 1945, p. 1199, as amended (Ga. Code Ann. 24-2606.1), Ga. Laws 1969, p. 113 (Ga. Code Ann. 24-2606.2), and District Attorneys, provided for in Ga. Laws 1966, p. 438, as amended (Ga. Code Ann. 24-2904.1), Ga. Laws 1968, p. 992, as amended (Ga. Code Ann. 242922, et al.), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Treasurer or the Treasury Department relating to the functions transferred to the Department in this Section means the Department of Administrative Services.
Mr. Barfield of the 71st asked unanimous consent that his request for vetoof Section 410 be withdrawn.
The consent was granted and Section 410 was approved.
Section 416. Employees Retirement System of Georgia--Continued; Assigned.
The Employees Retirement System of Georgia, created by Ga. Laws 1949, p. 138, as amended (Ga. Code Ann. Ch. 40-25), and its functions are continued. The System is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.
Mr. Buck of the 84th moved that Section 416 be vetoed.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, Marvin Alien Battle

Berry Black Bostick Bowen

Brantley, H. L. Carr Carter Chance

Chandler Cheeks Cole Collins, M. Conger Connell Dailey Dixon Dorminy Felton Floyd, L. R. Grahl Griffin Groover Gunter Harrington Harrison Hays Housley

FRIDAY, JANUARY 14, 1972

285

Howard Hudson, Ted Hutchinson Johnson Jones, Herb KingKnowles Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Lewis Lowrey Matthews, D. R. Mauldin Miles Milford Moore Murphy

Nessmith Northcutt Pearce Peters Phillips, W. R. Rainey Reaves Roach Ross Rush Salem Smith, J. R. Smith, V. T. Stephens Sweat Wamble Wheeler, Bobby Wheeler, J. A. Wilson

Those voting in the negative were Messrs.

Adams, John Alexander, W. H. Alexander, W. M. Atherton Barfield Bell
Bennett, J. T. Bennett, Tom Blackshear Bohannon Bond Erantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Chance Chappell Clements Collins, S. Colwell Coney, G. D. Cook Daugherty Davis,, E. T. Davis, W. Dean, Gib Dean, J. E. Edwards Egan

Evans Ezzard Floyd, J. H. Fraser Gignilliat Granade Grantham Greer Ham Hamilton Harris Hawes Hill, B. L. Hill, G. Hood Horton Hudson, C. M. Isenberg Jessup Jones, J. R. Jordan Knight Kreeger Lambert Larsen, W. W. Lee, W. S. Levitas Marcus Mason Matthews, C. Maxwell McDonald Melton

Merritt Miller Moyer Mulherin Mullinax Noble Nunn Odom Oxford Patten Phillips, L. L. Pinkston Poole Potts Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Snow Sorrells Toles Town send Triplett Tripp Vaughn Whitmire Williams Wood, J. T. Wood, R. E.

286

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Buck Collier
Coney, J. L. Dean, N. Dent Drury Farrar Gary Gaynor
Howell

Keyton Larsen, G. K.
Logan Longino McCracken McDaniell Morgan Patterson Phillips, G. S.

Pickard Russell, H. P.
Sherman Strickland Thomason Thompson Turner Ware Mr. Speaker

On the motion to veto, the ayes were 68, nays 98.

The motion was lost and Section 416 was approved.
Section 417. Teachers Retirement System of Georgia--Continued j Assigned.
The Teachers Retirement System of Georgia, created by Ga. Laws 1943, p. 640, as amended (Ga. Code Ann. Ch. 32-29), and its function* are continued. The System is assigned to the Department for adminis trative purposes only as prescribed in Section 105 of this Plan.

Mr. Buck of the 84th moved that Section 417 be vetoed.

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

Those voting in the affirmative were Messrs.:

Battle Berry Bowen Brantley, H. L. Carter Cheeks Cole Collins, M. Conger Connell Davis, E. T. Dixon Dorminy Floyd, L. R. Grahl Griffin

Groover Harringston Harrison Howard Hudson, Ted Hutchinson Jones, Herb Keyton Knowles Lane, Dick Lane, W. J. Larsen, W. W. Logan Lowrey Matthews, D. R. Maudin

Miles Milford Murphy Nessmith Northcutt Pearce Peters Phillips, W. R. Rainey Ross Russell, H. P. Salem Smith, V. T. Stephens Wamble Wheeler, J. A.

FRIDAY, JANUARY 14, 1972

287

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bell Bennett, J. T. Bennett, Tom Black Blackshear Bohannon Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbeei Carr Chance Chappell Clements Collins, S. Colwell Coney, G. D. Coney, J. L. Cook Dailey Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Edwards Egan Evans Ezzard Farrar

Felton Floyd, J. H. Fraser Gignilliat Granade Grantham Greer Ham Hamilton Harris Hawes Hays Hill, B. L. Horton Housley Hudson, C. M. Isenberg Jessup Johnson Jones, J. R. Jordan King Knight Kreeger Lambert Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Marcus Mason Matthews, C. Maxwell McDonald Melton Merritt Miller Moore

Moyer Mulherin Mullinax Noble Nunn Odom Oxford Patterson Patten Phillips, L. L. Pinkston Poole Potts Reaves Roach Rush Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Shepherd Sims
Smith, H. R. Snow Sorrells Sweat Thomason Toles Townsend Triplett Tripp Vaughn Ware Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Bostick Buck Chandler Collier Dent Drury Gary Gaynor

Geisinger Gunter Hill, G. Hood Howell Larsen, G. K. McCracken McDaniell Morgan

Phillips, G. S. Pickard Sherman Smith, J. R. Strickland Thompson Turner Mr. Speaker

288

JOURNAL OF THE HOUSE,

On the motion to veto, the ayes were 48, nays 121.

The motion was lost and Section 417 was approved.
Section 418. State Depository Board--Continued; Assigned.
The State Depository Board, created by Ga. Laws 1949, p. 13, as amended (Ga. Code Ann. Ch. 100-1), and its functions are continued.. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.
Mr. Groover of the 27th asked unanimous consent that his request for veto, of Section 418 be withdrawn.

The consent was granted and Section 418 was approved.
Section 419. Georgia Education Authority (University)--Con tinued: Assigned.
The Georgia Education Authority (University), created by Ga. Laws 1949, p. 1009, as amended (Ga. Code Ann. Ch. 32-1A), and its. functions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Mr. Brantley of the 52nd asked unanimous consent that his request for veto of Section 419 be withdrawn.

The consent was granted and Section 419 was approved.
Section 422. Georgia Building Authority (Hospital)--Continued;. Assigned,
The Georgia Building Authority (Hospital), created by Ga. Laws, 1939, p. 144, as amended (Ga. Code Ann. Ch. 99-14), and its functions are continued. The Authority is assigned to the Department for admin istrative purposes only as prescribed in Section 105 of this Plan.

Mr. Miles of the 78th asked unanimous consent that his request for veto of"

Section 422 be withdrawn.

i

The consent was granted and Section 422 was approved.

FRIDAY, JANUARY 14, 1972

289

Section 423. Georgia Building Authority (Markets)--Continued; Assigned.

The Georgia Building Authority (Markets), created by Ga. Laws 1955, p. 224, as amended (Ga. Code Ann. Ch. 65-3), and its functions are continued. The Authority is assigned to the Department for ad ministrative purposes only as prescribed in Section 105 of this Plan.

Mr. Harrison of the 58th asked unanimous consent that his request for veto of Section 423 be withdrawn.

The consent was granted and Section 423 was approved.
Section 424. Georgia Building Authority (Penal)--Continued; Assigned.
The Georgia Building Authority (Penal), created by Ga. Laws 1960, p. 892, as amended (Ga. Code Ann. Ch. 77-10), and its functions are continued. The Authority is assigned to the Department for admin istrative purposes only as prescribed in Section 105 of this Plan.

Mr. Harrison of the 58th asked unanimous consent that his request for veto of Section 424 be withdrawn.

The consent was granted and Section 424 was approved.
Section 426. State Personnel Board--Continued; Assigned.
The State Personnel Board, provided for in Article XIV, Section I, Paragraph I of the Constitution and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Mr. Murphy of the 19th asked unanimous consent that his request for veto of Section 426 be withdrawn.
The consent was granted and Section 426 was approved.
Section 427. Personnel Divison--Created; Merit System Director-- Continued.
There is created within the Department a Personnel Division. The Merit System Director, who shall be the Director of the Personnel Divi sion, and his functions are continued and transferred to the Department. The Director shall be appointed by the State Personnel Board subject

290

JOURNAL OF THE HOUSE,

to the approval of the Commissioner of the Department. The position of Director of the Personnel Division shall be included in the classified
service.

Mr. Murphy of the 19th moved that Section 427 be vetoed.

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

Those voting in the affirmative were Messrs.

Adams, G. D., Jr.
Adams, J. Adams, M. Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T., Jr.
Berry Black Blackshear Bohannon
Bond Bostick Bowen Brantley, H. H. Brantley, H. L.
Bray Brown, C. Brown, S. P. Busbee, Carr Carter Chance Chappell Cheeks Clements Cole Collins, M. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, G.

Dean, N. Dixon Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. E. Fraser Gary Gaynor Geisinerer Gignilliat Grahl Granade Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted
Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton

King Knight Knowles Kreeger Lambert Lane, D. Lane, W. J. Larsen, G. K. Larsen, W. W. Lee,W. J. (Bill) Leggett Levitas Lewis Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax
Murphy Nes smith Noble Northcutt Nunn Odom Oxford Patterson Patten

Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P.

FRIDAY, JANUARY 14, 1972

291

Russell, W. B. Salem Savage Shanahan Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat
Toles

Townsend Tripp Turner Vaughn Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.:

Bennett, T. Hamilton

Hood Lee, W. S.

Scarborough

Those not voting were Messrs.:

Brown, B. D. Buck Burruss Chandler Collier Collins, S. Colwell Dean, J. E.

Dent Drury Grccr Hawes Hill, B. L. Lowrey Miller Pickard

Pinkston Shepherd Sherman Strickland Thomason Thompson Triplett Mr. Speaker

On the motion to veto, the ayes were 166, nays 5.

The motion prevailed and Section 427 was vetoed.
Section 428. State Merit System--Functions Transferred.
All of the functions of the Merit System of Personnel Administra tion, provided for in Ga. Laws 1943, p. 171 (Ga. Code Ann. Ch 40-22), as amended by Ga. Laws 1971, p. 45, except the functions transferred to the Department in Section 427, are transferred to the Personnel Division of the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Merit System of Personnel Administration means the Personnel Division created in this Chapter.

Mr. Murphy of the 19th moved that Section 428 be vetoed.

292

JOURNAL OP THE HOUSE,

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

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr.
Adams, J. Adams, M. Alexander, W. H. Alexander, W. M.
Alien Atlierton Battle Bell Bennett, J. T.
Berry Black Blackshear Bohannon
Bond Bostick Brantley, H. H. Brantley, H. L.
Bray Brown, B. D. Brown, C. Brown, S. P.
Busbee Carr Carter Chance Chandler Chappell Cheeks Clements
Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L Conger Connell Cook Dailey Daugherty Davis, E. T.
Davis, W. Dean, G. Dean, J. E. Dean, N. Dixon Dorminy Edwards Egan Evans

Ezzard Farrar Pelton Floyd, J. H. Floyd, L. R.
Fraser Gay nor Geisinger Gignilliat Grahl Grantham
Greer Griffin Groover Gunter Ham Harrington
Hamilton Harris Harrison Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, T. Hutchinson
Isenberg Jessup Johnson Jones, H. Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, D. Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett Levitas Lewis

Log an Longino
Mason Matthews, C. Matthews, D. R.
Mauldin Maxwell McCracken McDaniell
McDonald
Melton Merritt
Miles Milford
Moore Morgan Mulherin Mullinax
Murphy Nessmith
Noble Northcutt
Nunn Odom Oxford Patterson
Patten Pearce
Peters Phillips, G. S. Phillips, L. L.
Phillips, W. R.
Poole
Potts Rainey Reaves
Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B.
Salem Shanahan Shepherd
Sims Smith, H. R.
Smith, J. R. Smith, V. T.
Snow Sorrells

Stephens Sweat Toles Townsend Tripp

FRIDAY, JANUARY 14, 1972

293

Turner Vaughn Wamble Ware Wheeler, B.

Wheeler, J. A. Whitmire Williams Wilson Wood, J. T.

Those voting in the negative were Messrs.:

Bennett, T.

Scarborough

Those not voting were Messrs.:

Barfield Bowen Buck Burruss Collier Dent Drury Gary Granade

Hawes Hood
Lowrey Marcus Miller Moyer Pickard Pinkston
Savage

Sherman Strickland Thomason Thompson Triplett Wood, R, E. Mr. Speaker

On the motion to veto, the ayes were 168, nays 2.

The motion prevailed and Section 428 was vetoed.
Section 430. Georgia Real Estate Investment Board--Abolished.
The Georgia Real Estate Investment Board, created in Ga. Laws 1963, p. 34 (Ga. Code Ann. Ch. 40-28), is abolished. Prior to the ef fective date of this abolishment, the Board shall refund all escrow deposits retained by the Board to the proper loan applicants. All fund balances remaining after the refunds referred to herein shall be trans ferred to the General Treasury.

Mr. Murphy of the 19th moved that Section 430 be vetoed.

On the motion to veto, 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

294
Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carter Chance Chandler Chappell Cheeks
Clements Cole Collins, M. Collins, S.
Colwell
Coney, G. D.
Coney, J. L.
Conger
Connell
Cook
Dailey Daugherty
Davis, E. T.
Davis, W.
Dean, Gib
Dean, J. B.
Dean, N.
Dixon Dorminy
Edwards
Egan
Farrar
Felton Floyd, J. H.
Floyd, L. R.
Fraser Gaynor
Geisinger Gignilliat
Grahl Grantham

JOURNAL OF THE HOUSE,

Greer Griffin Groover Gunter Hani 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. 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
Mason Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McCracken
McDaniell
McDonald
Melton
Merritt

Miles Milford Moore Morgan Moyer Mulherini Mullinax Murphy Nessmith Noble Northcutt Nunn Patter son Patten Pearce Peters Phillips, G. S. Phillips L. L. Phillips, W. R. Poole
Potts Rainey Reaves Roach
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
Sweat
T'oles
Triplett
Tripp
Turner
Vaughn
Wamble
Ware Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.

FRIDAY, JANUARY 14, 1972

295

Those voting in the negative were Messrs.:

Carr Evans Granade

Jordan Marcus Odom

Pinkston
Savage Scarborough

Those not voting were Messrs.:

Barfield Bowen Buck
Burruss
Collier Dent Drury Ezzard

Gary Hamilton
Hawes Howell Miller Oxford Pickard Ross

Shepherd Sherman Strickland Thomason Thompson Townsend Wood, R. E. Mr. Speaker

On the motion to veto, the ayes were 162, nays 9.

The motion prevailed and Section 430 was vetoed.
Section 503. Seed Advisory Committee--Functions Transferred.
All of the functions of the Seed Advisory Committee, created by Ga. Laws 1956, p. 217 (Ga. Code Ann. 5-2410), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Seed Advisory Committee means the Department of Agriculture.

Mr. Matthews of the 63rd moved that Section 503 be vetoed.

On the motion to veto, the roll call was ordered and the vote 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 Bohannon Bond Bos tick Bowen Brantley, H. H. Brantley, H. L. Bray

Brown, B. D. Brown, C.
Brown, S. P. Burruss
Busbee Carr Carter Chance Chandler Chappell

296
Cheeks Clements Cole Collins, M. Collins, S, Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L.R. Fraser Gaynor Geisinger Gignilliajt Grahl Granade
Greer
Griffin
Groover
Gunter
Ham
Hamilton
Harrington
Harris
Harrison
Hays
Hill, B. L.
Hill, G.
Hood
Horton

JOURNAL OF THE HOUSE,

Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino Lowrey 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, A. B. Russell, H. P. Russell, W. B. Salem Savage Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Toles
Townsend
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R, E.

Voting in the negative was Mr. Scarborough.

FRIDAY, JANUARY 14, 1972

297

Those not voting were Messrs.:

Alexander, W. H. Barfield Buck Collier Dent Dixon Gary

Grantham Hawes Howell Jordan Levitas Marcus Pickard

Sherman Strickland
Sweat Thomason Thompson Mr. Speaker

On the motion to veto, the ayes were 174, nays 1.

The motion prevailed and Section 503 was vetoed.
Section 504. Department of Public Health--Functions Transferred.
The functions of the Department of Public Health relating to articles of bedding, provided for by Ga. Laws 1964, p. 499, 552, et al., as amended (Ga. Code Ann. Ch. 88-8), are transferred to the Depart ment. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred to the Department in this Section means the Department of Agriculture.

Mr. Salem of the 51st asked unanimous consent that his request for veto of Section 504 be withdrawn.
The consent was granted and Section 504 was approved. Section 510. Tobacco Advisory Board--Abolished. The Tobacco Advisory Board, created by Ga. Laws 1955, p. 589 (Ga.
Code Ann. 111-603-605), is abolished.

Mr. Collins of the 62nd moved that Section 510 be vetoed.

On the motion to veto 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

298
Bohalnnoni Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S, Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N.
Dixon Dorminy
Drury
Edwards
Egan
Evans
Ezzard
Farrar
Felton
Floyd, J. H.
Floyd, L. E.
Fraser
Gaynor
Geisinger
Gignilliat
Grahl
Grantham
Greer
Griffin
Groover

JOURNAL OF THE HOUSE,

Gunter Ham 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, 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
Lewis
Longino
Lowrey
Mason
Matthews, D. R.
Mauldin
McCracken
McDa|niell
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, A, B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sims Smith, H. R, Smith, J. R.
Smith, V. T. Snow
Sorrells
Stephens
Sweat
Toles
Townsend
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

FRIDAY, JANUARY 14, 1972

299

Those not voting were Messrs.:

Alexander, W. H. Barfield Blackshear Buck Chandler Collier Cook Dent

Gary Granade Howell Jordan Levitas Logan Marcus Matthews, C.

Maxwell Pickard Savage Sherman Strickland Thomason Thompson Mr. Speaker

On the motion to veto, the ayes were 171, nays 0.

The motion prevailed and Section 510 was vetoed.
Section 704. Division of Community Affairs -- Functions Tran&ferred.
All of the functions transferred from the Bureau of State Plan ning and Community Affairs by this Plan in Chapter 2 to the Depart ment of Industry and Trade are assigned to the Division of Community Affairs.

Mr. Leggett of the 67th asked unanimous consent that his request for veto of Section 704 be withdrawn.

The consent was granted and Section 704 was approved.
Section 705. Other Functions Transferred.
The functions of the Ocean Science Center of the Atlantic Com mission, provided for in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. 43-1301 et al.), to promote participation in and arrange for the location of research and industrial activities are transferred to the Department of Industry and Trade.

Mr. Murphy of the 19th asked unanimous consent that his request for veto of Section 705 be withdrawn.
The consent was granted and Section 705 was approved.
Section 706. Georgia Development Authority -- Continued; As signed.
The Georgia Development Authority, created in Ga. Laws 1953, p.

300

JOURNAL OF THE HOUSE,

337 as amended (Ga. Code Ann. 62-1502 et al.), is continued and the Authority and its units are assigned to the Department of Industry and Trade for administrative purposes only as prescribed in Section
105 of this Plan.

Mr. Murphy of the 19th asked unanimous consent that his request for veto of Section 706 be withdrawn.

The consent was granted.

Mr. Reaves of the 71st moved that Section 706 be vetoed.

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 Barfield Battle Bell Bennett, J. T. Black Blaekshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Carr Carter Chandler Chappell Cheeks Cole Collins, M. Collins, S. Conger Connell Cook Dailey Davis, W. Dixon

Dorminy Edwards Felton Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Granade Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hays Hill, G. Housley Hudson, C. M. Hudson, Ted Hutchinson. Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger

Lane, Dick Lane, W. J. Larsen, W. W. Leggett Lewis Lowrey Matthews, D. R. Mauldin McCracken McDaniell Melton Merritt Miles Milford Moore Mulherin Mullinax Murphy Nessmith Northcutt Odom Patterson Patten Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pool Potts Rainey Reaves Ross

Rush Russell, A. B. Russell, H. P. Salem Savage Shanahan Smith, J. R.

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301

Smith, V. T. Stephens Sweat Turner Vaughn Wamble Ware

Wheeler, Bobby Wheeler, J. A. Whitmire Wilson Wood, J. T. Wood, R, E.

Those voting in the negative were Messrs.:

Adams, John Alexander, W. M. Atherton Bennett, Tom Berry Bond Brown, B. D. Brown, S. P. Busbee Chance Colwell Coney, G. D. Coney, J. L. Daugherty Davis, E. T. Dean, Gib Dean, N.

Egan Evans Ezzard Gaynor Grahl Hawes Hood Horton Howard Lambert Lee, W. J. (Bill) Lee, W. S. Longino Marcus Mason Matthews, C.

Maxwell McDonald Miller Moyer Noble Pearce Pinkston Russell, W. B. Scarborough Sims Smith, H. R, Sorrells Thomason Toles Townsend Williams

Those not voting were Messrs.:

Buck Burruss Clements Collier Dean, J. E. Dent Drury Farrar Fraser Gary Greer

Hamilton Hill, B. L. Howell Jordan Larsen, G. K. Le vitas Logan Morgan Nunn Oxford

Pickard Roach Shepherd Sherman Snow Strickland Thompson Triplett Tripp Mr. Speaker

On the motion to vote, the ayes were 115, nays 49.

The motion prevailed and Section 706 was vetoed.

Mr. Drury of the 66th stated that he had been called from the floor of the House when the roll was taken on the motion to veto Section 706. He wished to be recorded as voting "aye".

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By unanimous consent, further consideration of the Executive Reorganization Plan of 1972 was postponed until Monday, January 17, 1972.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock Monday morning and the motion prevailed.

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

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Representative Hall, Atlanta, Georgia Monday, January 17, 1972

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

The Speaker requested the following introduction and prayer appear in the Journal:
Mr. Speaker, Ladies and Gentlemen of the House, it is my pleasure to introduce to you our Chaplain for today.
He is a native of Ringgold, Georgia, and resides there with his wife and two daughters. He is a member of the Friendship Primitive Baptist Church of Ringgold and is an ordained Primitive Baptist Minister.
He received his Bachelor of Science Degree from the University of Chattanooga, his Doctor of Jurisprudence Degree from the University of Tennessee, and his Master of Law in Taxation from Washington Uni versity.
He is a member of the Georgia and Tennessee Bars and is a prac ticing attorney.
I present to you my son, Wayne Peters.
These be the words which Moses spake unto all Israel on this side Jordan in the wilderness, saying, I am not able to bear you myself alone:
The Lord your God hath multiplied you, and, behold, ye are this day as the stars of heaven for multitude. (The Lord God of your fathers make you a thousand times so many more as ye are, and bless you, as he hath promised you!) How can I myself alone bear your cumbrance, and your burden, and your strife?
Take you wise men, and understanding, and known among your tribes, and I will make them rulers over you. And ye answered me, and said, The thing which thou has spoken is good for us to do. So I took the chief of your tribes, wise men, and known, and made them heads over you, captains over thousands, and captains over hundreds, and captains over fifties, and captains over tens, and officers among your tribes.
And I charged your judges at that time, saing, Hear the causes be tween your brethren, and judge righteously between every man and his brother, and the stranger that is with him. Ye shall not respect persons in judgment, but ye shall hear the small as well as the great; ye shall

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not be afraid of the face of man; for the judgment is God's: and the cause that is too hard for you, bring it unto me, and I will hear it.

Our Heavenly Father, We thank Thee for this another day and for Thy many blessings.

We thank Thee for the freedom which we enjoy in this nation.

We thank Thee for this Assembly of Representatives of the people of this Great State.

Thank Thee that these men and women are willing to give of themselves for the benefit and well being of their fellow man.

We ask for Thy blessings and grace upon each member of this Assembly.

Grant them grace that they might have knowledge to know the problems and needs of those they represent.

Grace that they might have wisdom and understanding to develop and recognize solutions to these problems and needs.

Grace that they may have courage to stand for that which they believe to be right and to oppose that which they believe to be wrong.

And, above all, grant them grace that they may turn to Thee for leadership and guidance in all things.

In Jesus name we pray. Amen.

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

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

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.

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2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any bill on the General Calendar and in any order that he desires.

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

HB 1221. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees of said County, so as to provide additional pension benefits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1222. By Mr. Adams of the 100th:
A Bill to be entitled an Act to provide for the protection of pension rights of certain employees of counties having a population in excess of 600,000 and cities located in whole or in part in such counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1223. By Messrs. Jordan of the 74th, Bell of the 73rd, Smith of the 3rd, Brown of the 32nd, Larsen of the 113th, Noble of the 73rd, Gary of of the 21st, Berry of the 85th, Coney of the 118th and others:
A Bill to be entitled an Act to'provide a procedure for the review of certain applications for rezoning by certain State departments and for the submission of certain reports in connection therewith; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 1224. By Messrs. Blackshear of the 91st and Brown of the 110th:
A Bill to be entitled an Act to repeal an Act prohibiting the use of force, intimidation, violence, or threats thereof, to restrict or otherwise

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interfere with the right of any person to work or to peaceably conduct his business or to require the membership or non-membership of any person in a labor organization; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 1225. By Messrs. Northcutt of the 21st, Harrison of the 58th, Lee of the 21st, Dean of the 19th, Farrar of the 77th, Mauldin of the 12th and others:
A Bill to be entitled an Act to amend an Act establishing "The Public School Employees' Retirement System", so as to change the retirement benefits; and for other purposes.
Referred to the Committee on Retirement.

HB 1226. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to provide for the election of the mem bers of the Treutlen County Board of Education; to provide for stag gered terms; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1227. By Messrs. Savage of the 104th, Chance of the 44th, Patterson of the 20th, Jones of the 87th, Brown of the 32nd and Russell of the 14th:
A Bill to be entitled an Act to amend an Act to create Motion Picture and Television Advisory Commission to the Director of the Depart ment of Industry and Trade; and for other purposes.
Referred to the Committee on Industry.

HB 1228. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to authorize the Board of Trustees to extend post-retirement benefit adjustments to certain other beneficiaries; and for other purposes.
Referred to the Committee on Retirement.

HB 1229. By Mrs. Merritt of the 46th, Messrs. Collins of the 62nd, Nessmith of the 44th, Matthews and Patten of the 63rd and Reaves of the 71st:
A Bill to be entitled an Act to amend Code Title 112, relating to weights and measures, so as to substantially revise, supersede and modernize the laws of this State relating to weights and measures; and for other purposes.
Referred to the Committee on Agriculture.

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HB 1230. By Messrs. Felton of the 95th, Collins of the 62nd, Phillips of the 50th, Russell and Keyton of the 70th, Connell of the 79th and Bostick of the 63rd:
A Bill to be entitled an Act to create the Georgia Agrirama Develop ment Authority and empower said Authority with all rights, powers, authority and privileges to maintain said authority; and for other purposes.
Referred to the Committee on Agriculture.

HB 1231. By Messrs. Adams of the 100th, Leggett of the 67th, Tripp of the 49th, Harrison of the 58th, Rush of the 51st, Roach of the 10th, Lane of the 101st and Rainey of the 47th:
A Bill to be entitled an Act to provide for the regulation and numbering of water vessels; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1232. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act providing certain require ments relative to the construction of public buildings, so as to provide that certain buildings constructed prior to Jan. 1, 1970, shall be fur nished with ramps equipped with non-slip surfaces; and for other purposes.
Referred to the Committee on Industry.

HB 1233. By Messrs. Matthews and Logan of the 16th: A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens, so as to provide that the election of the benefit under Section 6 (b) shall be irrevocable unless said participant shall make an election of benefit within 60 days after approval of this Act by the Governor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1234. By Messrs. Buck, Pickard and Pearce of the 84th, Berry and Thomp son of the 85th, Davis and King of the 86th: A Bill to be entitled an Act to regulate the manner in which the judges of the Superior Court of the Chattahoochee Judicial Circuit shall dis pose of the business of said court; to provide for the selection and removal of a chief judge of said court; and for other purposes.
Referred to the Committee on Special Judiciary.

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HB 1235. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Treutlen County, so as to provide for the election of the members of the Board of Commissioners of Treutlen County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1236. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th and Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend the "Georgia Prison Industries Act", so as to change the name of the Georgia Prison Industries Ad ministration to the Georgia Correctional Industries Administration; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1237. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th and Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the Board of Corrections and to prisons, so as to authorize the Board to establish the maximum amount of legal tender an inmate may have in his possession at any time; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1238. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th, and Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension, revocation and cancellation of driver's licenses, so as to provide that the Director of the Department of Public Safety shall formulate the rules and regu lations for inmates subject to the custody of the Board of Corrections; and for other purposes.
Referred to the Committee on State Institutions & Property

HB 1239. By Messrs. Chandler of the 34th, Fraser of the 69th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th and Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend Cede Chapter 27-1, relating to proceedings prior to arrest, so as to provide for a reward to be paid

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309

to certain persons furnishing information to the capture of escaped in mates of penal institutions; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1240. By Messrs. Chandler of the 24th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th and Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the Board of Corrections, so as to establish the crime of possessing a deadly weapon while in the custody of any penal institution or fa cility; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 1241. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th and Dailey of the 53rd, and others:
A Bill to be entitled an Act to provide that no person convicted for the second or any subsequent time of a misdemeanor offense shall be ^;ommitted to the custody of the Board of Corrections for the execution of the sentence imposed as punishment for such offense; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 1242. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th, Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to provide that all information, all books, documents and records of the Board of Pardons and Paroles be accessible to the Board of Corrections personnel and other members of the Executive Branch of the State engaged in rehabilitation; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1243. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th, and Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend Code Chapter 26-25, relating to obstruction of law enforcement, so as to provide a penatly of not less than one nor more than five years for the crime of obstructing a law enforcement officer or other officer of justice in the performance of his duties; and for other purposes.
Referred to the Committee on State Institutions & Property.

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HB 1244. By Messrs. Battle of the 90th, Alexander of the 96th, Noble of the 73rd and Chance of the 44th:
A Bill to be entitled an Act to provide for the regulation of use of groundwaters in certain areas of this State under certain conditions; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1245. By Messrs. Felton of the 95th, Levitas of the 77th, Horton and Greer of the 95th:
A Bill to be entitled an Act to create the Georgia Development Au thority for Housing Finance; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1246. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating a system of pensions and retirement pay for officers, deputies and employees of Clayton County and the Clayton County Water Authority, so as to extend coverage to County officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-- Local Legislation.

HB 1247. By Messrs. Bennett of the 71st, Murphy of the 19th, Gunter of the 6th, Dean of the 13th, Scarborough of the 81st, Brown of the 81st, Roach of the 10th, Snow of the 1st and others:
A Bill to be entitled an Act to amend an Act providing for the registra tion of trade names, partnership names, and other names in trades or business, so as to provide that any person failing to register said name under the provisions of this Act shall be subject to a penalty of 15% of the amount of any verdict rendered; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 547-1247. By Messrs. Nunn of the 41st, Snow of the 1st, Roach of the 10th, Gunter of the 6th, Lee of the 61st, Bennett of the 71st, Clements of the 1st, Sorrells of the 24th, Egan of the 116th, Lambert of the 25th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide for a Judicial Qualifications Commission; and for other purposes.
Referred to the Committee on Judiciary.

HR 548-1247. By Mr. Egan of the 116th: A Resolution proposing an amendment to the Constitution so as to pro-

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311

vide that the General Assembly may exempt from ad valorem taxation property of nonprofit hospitals which is used in connection with the operation of the hospital; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1248. By Mr. Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to remove the requirements authorizing a certain percentage of voters in any county to petition the ordinary for an election to de termine whether or not alcoholic beverages and liquors shall be sold, taxed and controlled; and for other purposes.
Referred to the Committee on Temperance.

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

HB 1189. By Mr. Miller of the 83rd:
A Bill to be entitled an Act to regulate the publicizing, selling and ad ministering of courses of instruction; and for other purposes.

HB 1190. Messrs. Bennett of the 71st, Shanahan of the 8th and Morgan of the 23rd:
A Bill to be entitled an Act to amend Code Title 24, relating to courts, so as to provide that the clerk of the superior courts shall not be re quired to file any civil case or proceeding until a deposit has been made with said clerk on account of cost; and for other purposes.

HB 1191. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, so as to provide for the filling of vacancies occurring on the Board of Commissioners of the Or dinaries' Retirement Fund of Georgia; and for other purposes.

HB 1192. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, so as to change the provisions relative to membership, terms of office and expenses of the Commis sioners of the Ordinaries' Retirement Fund of Georgia; and for other purposes.

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HB 1193. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend Code Section 24-1803, relating to bonds of Clerks of the ordinary, so as to increase the amount of such bonds; and for other purposes.

HB 1194. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, so as to reduce the age at which persons become eligible for benefits; and for other purposes.

HB 1195. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend Code Section 24-1704, relating to the bond which must be given by ordinaries for the faithful dis charge of their duties, so as to increase the amount of said bond; and for other purposes.

HB 1196. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act providing for retirement benefit for the Ordinaries of Georgia, so as to provide a method for increased benefits for Ordinaries and the secretary-treasurer of the Fund who have served for periods exceeding 20 years under certain circumstances; and for other purposes.

HB 1197. By Messrs. Salem of the 51st, Harrison of the 58th, Potts of the 30th, Grantham of the 55th, Coney of the 82nd, Brown of the 32nd, Russell of the 70th and Keyton of the 70th:
A Bill to be entitled an Act to amend an Act known as the "Aid to De pendent Children Act", so as to provide that no grant of assistance or money shall be made thereunder to a mother for more than one illegiti mate child by any county department of family and children services; and for other purposes.

HB 1198. By Messrs. Buck of the 84th and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act providing retirement benefits for the clerks of the superior courts of Georgia, so as to pro vide that clerks retiring with 20 years' service will receive additional benefits for each additional year of service; and for other purposes.

HB 1199. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act establishing the Georgia Peace Officers Standards and Training Council, to redefine minimum

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313

peace officer preemployment standards relating1 to convictions of crimes; and for other purposes.

HB 1200. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to amend Chapter 92-31 of the Code relat ing to the imposition, rate and computation of Georgia Income Tax, and exemptions and deductions thereunder, so as to provide a tax credit or refund for certain taxpayers for sales taxes paid by said taxpayers; and for other purposes.

HB 1201. By Mr. Atherton of the 117th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to authorize and direct counties to levy a local retail sales tax; and for other purposes.
HB 1202. By Messrs. Smith of the 43rd, Ployd of the 7th, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th, Lee of the 61st, Chandler of the 34th, Lee of the 21st, Melton of the 32nd and McCracken of the 36th:
A Bill to be entitled an Act to provide supplementary appropriations for the fiscal year ending June 30, 1973, in addition to any other ap propriations heretofore or hereafter made for the operation of the agencies of the State provided for herein and the purposes provided for herein; and for other purposes.

HB 1203. By Messrs. Smith of the 43rd, Floyd of the 7th, 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 amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Ap propriations Act", so as to change the appropriations and provisions relative to the fiscal year 1972-73; and for other purposes.

HB 1204. By Messrs. Smith of the 43rd, Ployd of the 7th, 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 amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Ap propriations Act", so as to change the appropriations of certain agen cies of the State for the remainder of the fiscal year ending June 30, 1972; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1205. By Messrs. Felton of the 95th, Pinkston of the 81st, Nunn of the 41st, Hawes of the 95th, Melton and Brown of the 32nd and others:
A Bill to be entitled an Act to amend Code Section 74-104, relating to the age of majority, so as to change the age of majority; and for other purposes.

HR 528-1205. By Messrs. Dean and Mason of the 13th:
A Resolution proposing an amendment to the Constitution so as to provide that each resident of Gwinnett County who is 62 years of age or over and who has a net income not exceeding $5,000 per annum shall be granted an exemption of $6,000 on his homestead, such ex emption to be from all ad valorem taxation and school purposes.

HR 529-1205. By Mr. Northcutt of the 21st:
A Resolution proposing an amendment to the Constitution so as to provide that the Director of the State Highway Department and the Director of Public Safety shall be elected in the same manner as the Governor and all procedures pertaining to the election of the Governor shall apply to said officers; and for other purposes.

HR 530-1205. By Messrs. Northcutt of the 21st, Wheeler of the 57th, Housley of the 117th, Davis of the 75th, Adams of the 9th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide for the election of members of the State Board of Education by the General Assembly in such manner as may be provided by law; and for other purposes.

HR 531-1205. By Messrs. Jordan of the 74th, Davis of the 75th, Farrar of the 77th, Collins of the 72nd, Bell of the 73rd and others:
A Resolution proposing an amendment to the Constitution so as to authorize and direct the governing authority of DeKalb County to pay to the Board of Education of DeKalb County 50% of the total revenue realized by said County from the sale of malt beverages and wines therein; and for other purposes.

HR 532-1205. By Mr. Whitmire of the llth:
A Resolution compensating Mr. David A. Lane and Mrs. Beverly H. Lane; and for other purposes.

HR 533-1205. By Mr. Smith of the 80th: A Resolution compensating Mr. Paul J. Hiers; and for other purposes.

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315

HE 534-1205. By Mr. Smith of the 80th:
A Resolution compensating Mrs. Corrine D. Hiers; and for other pur poses.

HR 535-1205. By Mr. Smith of the 80th: A Resolution compensating Mrs. Wanda Hiers; and for other purposes.

HR 536-1205. By Mr. Whitmire of the llth: A Resolution compensating Mr. Hubert Bailey; and for other purposes.

HR 537-1205. By Messrs. Greer of the 95th, Colwell of the 5th, Noble of the 73rd, McDonald of the 15th, Marcus of the 105th, Brown of the 81st and others: A Resolution proposing an amendment to the Constitution so as to change the name and composition of the State Game and Pish Com mission to the Board of Natural Resources; and for other purposes.
HR 538-1205. By Mr. Isenberg of the 67th: A Resolution compensating Mr. and Mrs. James Walker; and for other purposes.
HR 539-1205. By Mr. Buck of the 84th: A Resolution compensating Anne B. Smith; and for other purposes.
HR 540-1205. By Messrs. Alexander of the 96th, Larsen of the 113th, Thomason of the 77th and Noble of the 73rd: A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the number and the apportionment of members of the Senate and House of Representatives to be effective after the United States Decennial Census of 1980; and for other purposes.
HB 1206. By Mr. Levitas of the 77th: A Bill to be entitled an Act to regulate the sale and offer to sale of certain subdivided lands and practices pertaining thereto; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1207. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Schley County; and for other purposes.

HB 1208. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to be entitled an Act to abolish the office of Treasurer of Schley County; and for other purposes.

HB 1209. By Messrs. Housley, Wilson, Howard, Kreeger, McDaniell and Atherton of the 117th:
A Bill to be entitled an Act to create the Cobb County Law Enforce ment Study Commission; and for other purposes.

HR 541-1209. By Mr. Vaughn of the 74th:
A Resolution authorizing the cancellation of an easement granted to the State of Georgia in and over a certain tract of land in Gwinnett County; and for other purposes.

HB 1210. By Mr. Dean of the 76th:
A Bill to be entitled an Act to require the State Board of Education to provide eye examinations for students in the public schools in this State; and for other purposes.

HB 1211. By Messrs. Greer of the 95th and Matthews of the 16th:
A Bill to be entitled an Act to amend an Act creating emeritus offices for certain state officials, so as to provide the salary to be paid to emeritus officers; and for other purposes.

HB 1212. By Messrs. Pickard of the 84th and Thompson of the 85th:
A Bill to be entitled an Act to prohibit any public utility or its af filiate from engaging, directly or indirectly in promotional practices as defined in this Act or in connection with the promotion or sale of any appliance or equipment which consumes or utilized electric energy or gas energy; and for other purposes.

HB 1213. By Messrs. Greer of the 95th and Buck of the 84th:
A Bill to be entitled an Act to authorize the imposition by municipali ties and counties of an excise tax upon the sale of malt beverages; and for other purposes.

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317

HB 1214. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Insurance Code", so as to provide for the installment payment of an nual premium taxes on monthly basis; and for other purposes.

HB 1215. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act establishing the State Employees' Retirement System, so as to provide for the payment of lifetime benefits to widows of certain members of the Uniform Di vision of the Department of Public Safety and certain officers or agents of the Georgia Bureau of Investigation; and for other purposes.

HB 1216. By Messrs. Gaynor of the 88th, Gignilliat of the 89th, Mrs. Merritt of the 46th, Messrs. Thompson of the 85th and Mulherin of the 78th:
A Bill to be entitled an Act to recreate and reestablish the Georgia Commission for the National Bicentennial Celebration; and for other purposes.

HB 1217. By Messrs. Gaynor of the 88th, Gignilliat of the 89th, Hill of the 94th, Triplett of the 93rd, Jones of the 87th, Blackshear of the 91st, Alien of the 92nd and Battle of the 90th:
A Bill to be entitled an Act to amend Code Section 24-2714, relating to the duties of the clerks of the superior court, so as to provide that instruments evidencing the title to real property may be recorded on microfilm provided the proper indices and adequate material are maintained; and for other purposes.

HB 1218. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees of said Coun ty; and for other purposes.

HB 1219. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees of said County; and for other purposes.

HR 542-1219. By Mr. Adams of the 100th:
A Resolution compensating Miss Sheila Wingo Lee; and for other purposes.

318

JOURNAL OP THE HOUSE,

HB 1220. 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 the procedure relative to the assignment of an agency to a department for administrative purposes only in the "Executive Reorganization Plan of 1972"; and for other purposes.

Mr. Snow of the 1st moved that the following Bill of the House be with drawn from further consideration:

HB 1147. 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 motion prevailed.

Mr. Bennett of the 71st stated that he was in a committee meeting until 10:45 A.M., this day and was therefore unable to vote on any matter until that time.

Under the provisions of HB 1, passed by the 1971 Regular Session of the General Assembly (Act No. 2, Ga. Laws 1971, pp. 4-9), the Executive Reorgani
zation Plan of 1972 was again taken up for consideration.

The following Sections, having previously been read and requests for vetoes thereon having been filed with the Clerk, were again taken up for consideration:
Section 802. Additional Functions Transferred to Comptroller General.
The functions of the State Treasurer relating to deposits by Do mestic Life Insurers, set forth in Ga. Laws 1960, p. 289 (Ga. Code Ann. 56-1101), are transferred to the Comptroller General as Insurance Commissioner of the State of Georgia.

Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th and others moved that Section 802 be vetoed.

MONDAY, JANUARY 17, 1972

319

On the motion to veto, 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 Blackshear Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Busbee
Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.
Conger Connell Cook Dailey Davis, E. T. Davis, W. Dean, Gib Dean, N.
Dent Dixon Drury Edwards Evans
Farrar Felton Floyd, J. H. Floyd, L. R. Fraser

Gary Geisinger Gignilliat Grahl Granade Grantham Griffin Groover Ham Hamilton Harrison Hawes Hayes Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted
Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J.
Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino Lowrey
Marcus Mason Matthews, C. Mauldin Maxwell
McDaniell Melton Merritt Miles Milford

Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. 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 Thompson Toles
Triplett Tripp Turner Vaughn Wamble

320
Ware Wheeler, Bobby Wheeler, J. A.

JOURNAL OF THE HOUSE,

Whitmire Williams Wilson

Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. H. Alien Barfield Bennett, J. T. Bond Bowen Brown, B. D. Buck Burruss Chandler Daugherty Dean, J. E.

Dorminy Egan Ezzard Greer Gunter Harrington Harris Hood Horton Johnson Jordan Larsen, W. W.

Le vitas Matthews, D. R. McCracken McDonald Oxford Phillips, G. S. Pickard Russell, H. P. Thomason Townsend Mr. Speaker

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

The motion prevailed and Section 802 was vetoed.

Mr. Gaynor of the 88th stated that due to mechanical failure he was un able to record his vote on the motion to veto Section 802. He wished to be re corded as voting "aye".
Section 1001. Department of Education--Continued; Head; Ad ministrative Officer; Functions.
(a) The State Department of Education, provided for in ArticleVIII, Section II, Paragraph I of the Constitution, is continued. The de partment head is the State Board of Education. The administrative officer of the Department is the State Superintendent of Schools.
(b) The functions of the Department are continued, except the Vocational Rehabilitation functions transferred to the Department of Human Resources in Chapter 12 of this Plan. Deleted. See Section 406.

Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th and others moved that Section 1001 be vetoed.

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

MONDAY, JANUARY 17, 1972

321

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 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. 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 Evans Farrar Felton

Floyd, J. H. Floyd, L. R. Fraser
Gary
Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Ham Hamilton Harris Harrison Hawes Hays Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick 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

Melton

Merritt

. Miles

Milford

Miller

Moore

Morgan

Moyer

Mulherin

Mullinax

Murphy

Nessmith

Noble

Northcutt

Nunn

Odom

Patterson

Patten

Pearce

Peters .

5 ;:

Phillips, G. S.

Phillips, L. L.

Phillips, W. R.

Poole

Potts

Rainey

Reaves

Roach

Ross

Rush

Russell, W. B.

Salem

Scarborough

Shanahan

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

Wheeler, Bobby

322
Wheeler, J. A. Whitmire

JOURNAL OF THE HOUSE,

Williams Wilson

Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Bennett, J. T., Jr.
Bowen Buck Chandler Dean, J. E. Ezzard Gunter

Harrington Johnson Larsen, W. W. Levitas Matthews, D. R. McCracken McDonald Oxford

Pickard Pinkston Russell, A. B. Russell, H. P. Savage Shepherd Townsend Mr. Speaker

On the motion to veto, the ayes were 168, nays 0. The motion prevailed and Section 1001 was vetoed.

Mr. Gaynor of the 88th stated that due to mechanical failure he was un able to record his vote on the motion to veto Section 1001. He wished to be recorded as voting "aye".
Section 1004. State Treasurer--Functions Transferred.
The functions of the State Treasurer and the Treasury Depart ment relating to distribution of State funds under the Minimum Foun dation Program of Education Act, provided for in Ga. Laws 1964, p. 3 (Ga. Code Ann. 32-647), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Treasurer or the Treasury Department relating to the functions trans ferred to the Department in this Section means the State Department of Education.
Mr. Sherman of the 80th moved that Section 1004 be vetoed.

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

Those voting in the affirmative were Messrs.

Cheeks Connell
Dent Dixon

Groover Miles Mulherin Ross

Sherman Stephens Wamble

MONDAY, JANUARY 17, 1972

323

Those voting in the negative were Messrs.:

Adams, G. D., Jr. Adams, J. Adams, M. Alexander, W. H. Alexander, W. M. Alien Battle Bell Bennett, T. Berry Black Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Busbee Carr Carter Chance
Clements
Cole
Collins, S.
Colwell
Coney, G. D.
Coney, J. L.
Conger
Cook
Dailey
Daugherty
Davis, W.
Dean, G.
Dean, J. E.
Dean, N.
Dorminy
Drury
Edwards
Egan
Evans
Farrar
Felton
Floyd, J. H.
Fraser
Gary
Geisinger
Gignilliat

Grahl Granade Grantham Greer Griffin Ham Hamilton Harris Hawes Hays Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, T. Hutchinson Isenberg Jessup Jones, H. Jones, J. R. Jordan
Keyton
King
Knight
Knowles
Kreeger
Lambert
Lane, D.
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
McDaniell
McDonald
Melton
Merritt

Milford Miller Morgan Moyer Mullinax Nessmith Noble Northcutt Nunn Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Rush Russell, A. B. Russell, W. B.
Salem
Savage
Scarborough
Shanahan
Shepherd
Sims
Smith, H: R.
Smith, J. R.
Smith, V. T.
Strickland
Sweat
Thompson, A. W.
Toles
Triplett
Tripp
Turner
Vaughn
Ware
Wheeler, B.
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

324

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Atherton Barfield
Bennett, J. T. Bostick
Bowen Brown, S. P. Buck Burruss Chandler Chappell Collier Collins, M.

Davis, E. T. Ezzard Floyd, L. R. Gunter Harrington Harrison Howell Johnson Larsen, W. W. Levitas McCracken Moore

Murphy Odom Oxford
Peters Pickard Pinkston Russell, H. P. Snow Sorrells Thomason, L. W. Townsend Mr. Speaker

On the motion to veto, the ayes were 11, nays 146.

The motion was lost and Section 1004 was approved.

Mr. Gaynor of the 88th stated that due to mechanical failure he was unable to record his vote on the motion to veto Section 1004. He wished to be recorded as voting "nay".
Section 1006. State Teacher Scholarships--Continued; Assigned.
The State Teacher Scholarships, provided for in Article VII, Sec tion I, Paragraph II of the Constitution, are continued. The State Teacher Scholarships are assigned to the State Board of Education for administrative purposes only as prescribed in Section 105 of this Plan.

Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th and others moved that Section 1006 be vetoed.

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

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. Adams, J. Adams, M. Alexander, W. H. Alexander, W. M. Alien Battle Bell Bennett, T.

Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Busbee Carr Carter Chance Chandler Chappell

Cheeks
Clementa Cole Collier Collins, M. Collins, S. Colwell
Coney, G. D. Coney, J. L. Conger, J. W. Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, G.
Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisiniger Gignilliat Grahl Granade Grantham Greer Griffin Groover Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G.

MONDAY, JANUARY 17, 1972

325

Hood Horton Housley Howard
Howell Hudson, C. M. Hudson, T.
Hutchinson Isenberg Jessup Johnson Jones, H. Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, D. Lane, W. J. Larsen, G. K. Lee, W.J. (Bill) Lee, W. S. Leggett Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller
Morgan Moyer Mulherin Mullinax Murphy

Nessmith
Noble Northcutt Nunn,
Odom Patten Pearce Peters Phillips, L. L. Phillips, W. R.
Poole Potts. Rainey Reaves Roach Rossr Rush
Russell, A. B. Russell, W. B. Salem Scarborough Shanaham Shepherd
Sherman Sim Smith, H. R.
Smith, J. R. Smith, V. T. Snow
Stephens Strickland Sweat
Thomason Thompson Toles TWpp Turner Vaughn Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Wilson
Wood, J. T, Wood, R. E.

Those voting in the negative were Messrs.

Atherton Barfield Bennett, J. T., Jr. Brown, S. P.

Buck Burruss Ezzard Gunter

Larsen, W. W. Le vitas Logan Moore

326
Oxford Phillips, G. S. Pickard

JOURNAL OP THE HOUSE,

Pinkston Russell, H. P. Savage

Sorrells Townsend

Those not voting were Messrs.:

Matthews, C.

Patterson

Triplett

On the motion to veto, the ayes were 169, nays 3.

The motion prevailed and Section 1006 was vetoed.

Mr. Gaynor of the 88th stated that due to mechanical failure he was unable to record his vote on the motion to veto Section 1006. He wished to be recorded as voting "aye".

Mr. Logan of the 16th stated that he had been called from the floor of the House when the roll was called on the motion to veto Section 1006, but had he been present would have voted "aye".

Messrs. Patterson of the 20th and Matthews of the 16th stated that they had inadvertently voted "nay" but intended to vote "aye" on the motion to veto Section 1006.
Section 1007. Professional Practices Commission--Abolished.
The Professional Practices Commission, created by Ga. Laws 1967, p. 840, as amended (Ga. Code Ann. 32-839-842), is abolished.

Mr. Northcutt of the 21st moved that Section 1007 be vetoed.

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

Those voting in the affirmative were Messrs.:

Adams, Marvin Alexander, W. M. Alien Bell Black Bohannon

Bostick Bowen Brantley, H. L. Brown, S. P. Carr Carter

Chandler Collins, M. Coney, G. D. Coney, J. L. Conger Dailey

Davis, W. Dean, N.
Parrar Felton
Floyd, J. H. Fraser Gary Grahl Granade Grantham Griffin Ham Hamilton Harrington
Harris Harrison Hill, G. Hood Housley Howard Hudson, Ted Hutchinson Isenberg Johnson

MONDAY, JANUARY 17, 1972

327

Jones, Herb
Jordan Knowles Kreeger
Lane, Dick Lane, W. J.
Lee, W. J. (Bill) Leggett Lewis Logan
Longino Matthews, D. E. Mauldin Maxwell McCracken Miles Milford Morgan Mulherin Murphy Nessmith Northcutt Patterson

Peters Phillips, G. S, Phillips, L. L. Phillips, W. R. Poole Potts Rainey Ross Rush Russell, W. B. Salem Sherman Smith, H. R. Stephens Strickland Sweat Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.:

Adams, J. D. Adams, John Alexander, W. H. Battle Bennett, Tom Berry Blackshear Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Busbee Chance Chappell Cheeks Clements Cole Collins, S. Colwell
Connell
Cook
Daugherty
Davis, E. T.
Dean, Gib
Dean, J. E.

Dixon Drury Edwards Egan Evans Floyd, L. R. Geisinger Gignilliat Greer Gunter Hawes Hays Horton Hudson, C. M. Jessup Jones, J. R. Keyton King Knight Lambert
Larsen, G. K.
Lee, W. S.
Lowrey
Marcus
Mason
McDaniell

Melton Merritt Miller Moore Moyer Mullinax Noble Nunn Odom Oxford Patten Pearce Reaves Russell, A. B. Savage Scarborough Shanahan Sims Smith, V. T. Snow
Thompson
Toles
Tripp
Turner
Ware
Williams

328

-JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Athertoji Barfield Bennett, J. T. Buck Burruss Collier Dent ... Dorminy Ezzard

Groover Howell Larsen, W. W.
Levitas Matthews, C. McDonald Pickard Pinkston Roach

Russell, H. P. Shepherd Smith, J. R.
Sorrells Thomason
Townsend Triplett
Vaughn Mr. Speaker

On the motion to veto, the ayes were 88, nays 78.

The" motion was lost and Section 1007 was approved.

Mrs. fiamilton of the 112th stated that she had inadvertently voted "aye" but had intended to vote "nay" on the motion to veto Section 1007.
Section 1008. Georgia Educational Improvement Council--Abol ished.
The Georgia Educational Improvement Council, created by Ga. Laws 1964, p. 711, as amended, is abolished.
Section 1009. Fernbank Science Center Committee--Abolished.
The Fernbank Science Center Committee, created by Ga. Laws 1970, p. 747, is abolished.

Messrs. Northcutt of the 21st and Wheeler of the 57th moved that Section 1008 be vetoed.

On the motion to veto, 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 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 Busbee

Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Evans Farrar Felton Floyd, J. H. Floyd, L. E. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham
Hamilton
Harrington
Harris
Harrison
Hawes

MONDAY, JANUARY 17, 1972

329

Hays Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan, H. S. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) 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 Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Rush Russell, A. B. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Thomason Toles Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those voting in the negative were Messrs.:

Egan Larsen, G. K.

Lee, W. S. Odohi

Roach Savage

330

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, G. D. Atherton Blackshear Burruss Collier Collins, M. Drury

Ezzard Howell Larsen, W. W. Levitas Pickard Ross

Russell, H. P. Sorrells
Thompson Townsend Triplett Mr. Speaker

On the motion to veto, the ayes were 168, nays 6.

The motion prevailed and Section 1008 was vetoed.

Mr. Gaynor of the 88th stated that due to mechanical failure he was un able to record his vote on the motion to veto Section 1008. He wished to be re corded as voting "aye".
Section 1102. Commissioner--Term of Office.
The Commissioner shall be appointed by the Governor for a fouryear term. The initial term of the Commissioner shall terminate on January 20, 1976. Each succeeding term of office shall be for four years commencing on the expiration date of the previous term.

Mr. Gaynor of the 88th asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1102 was approved. Section 1201. Department of Human Resources--Created. There is created a Department of Human Resources.

Messrs. Chandler of the 34th, Murphy of the 19th, Floyd of the 7th and others moved that Section 1201 be vetoed.

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

Those voting in the affirmative were Messrs.:

Alien Bennett, J. T.

Blackshear Bostick

Brantley, H. L. Carter

Cheeks Clements
Cole Collins, M.
Collins, S. Conger Connell Dorminy Floyd, J. H. Grahl Griffin Groover Ham Harrington
Harris

MONDAY, JANUARY 17, 1972

331

Hill, G. Howard Hudson, Ted Johnson Jones, Herb Keyton Lane, W. J. Lewis, P. B. Lowrey McCracken Miles Milford Mulherin Murphy Nessmith

Nunn Peters Phillips, G. S. Phillips, W. R. Potts Rainey Ross Rush Salem Savage Sherman Smith, V. T. Stephens Wamble Wheeler, J. A.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton
Battle Bell
Bennett, Tom Berry Black Bohannon Bond Brantley, H. H. Brown, B. D. Brown, C. Buck Burruss
Busbee Chance Chandler
Chappell Colwell
Coney, G. D. Coney, J. L. Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Edwards
Egan

Evans Ezzard Farrar Felton
Floyd, L. R. Fraser Gary Geisinger Gignilliat Granade
Greer Gunter Hamilton Harrison
Hawes Hays Hood Horton Housley
Howell Hudson, C. M. Hutchinson
Isenberg Jessup Jones, J. R.
Jordan King Knight Knowles Kreeger
Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill)
Lee, W. S. Leggett Le vitas

Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell
McDonald Melton
Merritt Miller Moore Morgan
Moyer Mullinax Noble Odom Oxford Patterson Patten Pearce Phillips, L. L. Pickard Pinkston
Poole Reaves Roach Russell, A. B. Russell, W. B. Scarborough
Shanahan Shepherd Sims
Smith, H. R. Smith, J. R.

332
Snow Sorrells Strickland Sweat Thomason Thompson Toles

JOURNAL OF THE HOUSE,

Townsend Triplett Tripp Turner Vaughn Ware

Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Bowen Bray Brown, S. P.

Carr Collier Drury Grantham

Larsen, W. W. Northcutt Russell, H. P. Mr. Speaker

On the motion to veto, the ayes were 51, nays 130.

The motion was lost and Section 1201 was approved.

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 veto Section 1201, but had he been present would have voted "nay".

Mr. Gaynor of the 88th stated that due to mechanical failure he was unable to record his vote on the motion to veto Section 1201. He wished to be recorded as voting "nay".

By unanimous consent, further consideration of the Executive Reorganiza tion Plan of 1972 was postponed until the afternoon session.

The Speaker announced the House recessed until 2:00 o'clock, P.M.

AFTERNOON SESSION
The Speaker called the House to order.
Under the provisions of HB 1, passed by the 1971 Regular Session of the General Assembly (Act No. 2, Ga. Laws 1971, pp. 4-9), the Executive Reorganiza tion Plan of 1972 was again taken up for consideration.

MONDAY, JANUARY 17, 1972

333

The following Sections, having previously been read and requests for vetoes thereon having been filed with the Clerk, were again taken up for consideration:

Section 1202. Board of Human Resources--Created; Chairman-- Designation.

There is created a Board of Human Resources which shall estab lish a general policy to be followed by the Department. The Board shall consist of nine members who are appointed by the Governor by and with the advice and consent of the Senate. The members of the Board, inso far as practical, shall be drawn from all sections of the State. Eight members of the Board shall be appointed for staggered terms of four years, provided, however, the Governor shall designate the initial terms of these eight members of the Board as follows: two members shall be appointed for terms ending on January 20, 1973; two members shall be appointed for terms ending on January 20, 1974; two members shall be appointed for terms ending on January 20, 1975; and two members shall be appointed for terms ending on January 20, 1976. Thereafter, all terms of all successors to these eight members, except in the case of appointments to fill vacancies, shall be four years dating from January 20 of the beginning year of such term. The ninth member of the Board shall serve at the pleasure of the Governor. Not more than three mem bers of the Board shall represent the medical profession, and at least two of these members shall be licensed to practice medicine pursuant to Ga. Laws 1913, p. 101, as amended (Ga. Code Ann. Ch. 84-9). Vacan cies in office shall be filled by appointment of the Governor and the appointment shall be submitted to the Senate for confirmation at the next session of the General Assembly. An appointment to fill a vacancy shall be for the balance of the unexpired term. There shall be a Chair man of the Board, designated by the Governor, who shall be the pre siding officer of the Board.

Messrs. Chandler of the 34th, Murphy of the 19th, Floyd of the 7th and others moved that Section 1202 be vetoed:

On the motion to veto, the roll call was ordered and the vote was a follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alien Barfield Battle Bell Bennett, J. T. Black Blackshear Bohannon

Bostick Bowen Brantley, H. L. Bray Brown, C. Carter Chance Chandler Chappell Cheeks Collins, M.

Collins, S. Coney, J. L. Conger Connell Dailey Dean, N. Dixon Dorminy Farrar Felton Floyd, J. H.

334
Floyd, L. R. Gaynor Geisinger Gignilliat
Grahl Granade Griffin Groover
Gunter Ham Harrington Harris Hays Hill, G. Housley
Howard Hudson, Ted Hutchinson Isenberg Johnson Jordan Keyton Knowles

JOURNAL OP THE HOUSE,

Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Leggett Lewis Logan Lowrey
Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Miles
Milford Moore Morgan Mulherin Murphy Nessmith Northcutt Nunn

Patten Peters Phillips, L. L. Phillips, W. R.
Poole Potts Rainey Roach
Ross Rush Russell, H. P. Salem Savage Sherman Smith, V. T.
Stephens Sweat Toles Turner Ware Whitmire Williams Wood, J. T.

Those voting in the negative were Messrs.

Alexander, W. H. Alexander, W. M.
Atherton Bennett, Tom
Berry Bond Brantley, H. H. Buck Burruss
Busbee Carr Clements
Colwell Coney, G. D.
Cook Daugherty Davis, E. T.
Dean, Gib Dean, J. E.
Dent Edwards
Egan Evans Fraser

Grantham Greer Hamilton Harrison
Hawes Horton Howell Hudson, C. M.
Jessup Jones, J. R. King
Knight Lambert Larsen, G. K.
Lee, W. S. Marcus
Mason Melton
Merritt Miller
Moyer Mullinax Patterson

Pearce Phillips, G. S. Pickard Pinkston
Reaves Scarborough Shanahan Shepherd Sims Smith, H. R.
Smith, J. R. Snow
Strickland Thomason
Town send Triplett
Tripp Vaughn
Wamble Wheeler, Bobby
Wheeler, J. A. Wilson, J. M.
Wood, R. E.

MONDAY, JANUARY 17, 1972

335

Those not voting were Messrs.:

Brown, B. D. Brown, S. P. Cole Collier Davis, W. Drury Ezzard Gary

Hill, B. L. Hood Jones, Herb Larsen, W. W. Levitas Longino McDonald Noble

Odom Oxford Russell, A. B. Russell, W. B. Sorrells Thompson Mr. Speaker

On the motion to veto, the ayes were 102, nays 70.

The motion prevailed and Section 1202 was vetoed.

Mr. Brown of the 110th stated that he had been called from the floor of the House when the roll was called on the motion to veto Section 1202, but had he been present would have voted "nay".
Section 1203. Commissioner of Human Resources--Created.
There is created the position of Commissioner of Human Resources. The Commissioner shall be the chief administrative officer and be both appointed and removed by the Board of Human Resources subject to the approval of the Governor. Subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the De partment by this Plan.

Messrs. Chandler of the 34th, Murphy of the 19th, Floyd of the 7th and others moved that Section 1203 be vetoed.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, Marvin Alien Battle Bell Bennett, J. T. Black Bohannon Bostick Bowen

Brantley, H. L. Carter Chandler Cheeks Cole Collins, M. Collins, S. Coney, J. L. Conger Connell

Dailey Dean, N. Dixon Dorminy Farrar Felton Floyd, J. H. Floyd, L. R. Geisinger Grahl

336
Granade Gran th am Griffin Groover Gunter Ham Harrington Harris Harrison Hays Hill, G. Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jordan Keyton Kreeger

JOURNAL OP THE HOUSE,

Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Lewis Logan Longino Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Miles Milford Moore Morgan Moyer Mulherin Murphy

Nessmith Northcutt Nunn Patten Peters Phillips, L. L. Poole Rainey Roach Ross Rush Russell, W. B. Salem Shanahan Sherman Smith, J. R. Smith, V. T.
Stephens Sweat Turner Wheeler, J. A.

Those voting in the negative were Messrs.

Adams, John Alexander, W. H. Alexander, W. M. Atherton Bennett, Tom Blackshear Bond Brantley, H. H. Bray Brown, C. Buck Busbee Carr Chance Chappell Clements Colwell Coney, G. D. Cook Daugherty Davis, E. T. Dean, Gib Dean, J. E. Edwards Egan

Evans Fraser Gaynor Gignilliat Greer Hawes Horton Jessup Jones, J. R. King Knight Knowles Lambert Larsen, G. K. Lee, W. S. Lowrey Mason Melton Merritt Miller Mullinax Noble Odom Patterson Phillips, G. S.

Phillips, W. R. Pinkston Potts Reaves Savage Scarborough Shepherd Sims Smith, H. R. Snow Strickland Toles Townsend Tripp Vaughn Wamble Ware Wheeler, Bobby Whitmire Williams, W. M. Wilson Wood, J. T. Wood, R. E.

MONDAY, JANUARY 17, 1972

337

Those not voting were Messrs.:

Barfield Berry Brown, B. D. Brown, S. P. Burruss Collier Davis, W. Dent Drury Ezzard

Gary Hamilton Hill, B. L. Hood Howell Jones, Herb Larsen, W. W. Levitas McDonald Oxford

Pearce Pickard Eussell, A. B. Russell, H. P. Sorrells Thomason Thompson Triplett Mr. Speaker

On the motion to veto, the ayes were 93, nays 73.

The motion was lost and Section 1203 was approved.

Mr. Brown of the 110th stated that he had been called from the floor of the House when the roll was called on the motion to veto Section 1203, but had he been present would have voted "nay".
Section 1204. State Department of Family and Children Services-- Functions Transferred to Department.
All of the functions of the State Department of Family and Children Services, created in Ga. L. 1937, p. 355, as amended (Ga. Code Ann. 99-103), and of its units, except those functions transferred in Section 2402 of this Plan, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Department of Family and Children Services means the Department of Human Resources.

Messrs. Chandler of the 34th, Murphy of the 19th, Floyd of the 7th and others moved that Section 1204 be vetoed.

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

Those voting in the affirmative were Messrs.

Bennett, J. T. Bowen Carter Chandler
Cheeks Cole

Collins, M. Collins, C. Coney, J. L. Conger Dean, N. Dorminy

Floyd, J. H. Floyd, L. R. Grahl Griffin Groover Ham

338
Harrington Harris Harrison Hill, G. Hudson, Ted Hutchinson Johnson Lane, W. J.

JOURNAL OF THE HOUSE,

Lewis Matthews, D. R. McCracken
Miles Mulherin Murphy Nessmith

Northcutt
Rainey Ross Rush Salem Sherman Wamble

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Black Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray
Brown, C. Buck Burruss Busbee Carr Chance Chappell Clements Colwell Coney, G. D. Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dixon Edwards Egan Evans Farrar Felton Fraser Gaynor Gei singer

Gignilliat Granade Grantham Greer Gunter Hamilton Hawes Hays Housley Howard Hudson, C. M. Isenberg
Jessup 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 Levitas Logan Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Merritt Milford Miller Moore

Morgan Moyer Mullinax Nunn Odom Patterson Patten Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Roach Russell, W. B. Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Snow Strickland Sweat Toles Townsend Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

MONDAY, JANUARY 17, 1972

339

Those not voting were Messrs.:

Alexander, W. H. Barfield Berry Bostick Brown, B. D. Brown, S. P. Collier Dean, J. E. Drury Ezzard

Gary Hill, B. L. Hood Horton Howell Larsen, W. W. Noble Oxford Pearce

Phillips, G. S. Russell, A. B. Russell, H. P. Smith, V. T. Sorrells Stephens Thomason Thompson Mr. Speaker

On the motion to veto, the ayes were 40, nays 127.
The motion was lost and Section 1204 was approved.
Mr. Brown of the 110th stated that he had been called from the floor of the House when the roll was called on the motion to veto Section 1204, but had he been present would have voted "nay".
Section 1205. State Board For Children and Youth--Functions Transferred.
All of the functions of the State Board for Children and Youth, created in Ga. L. 1963, p. 81 (Ga. Code Ann. 99-204 (a)), except for the policy-making functions transferred to the Board of Human Re sources in Section 1212 of this Plan, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board for Children and Youth, except references to its policymaking functions, means the Department of Human Resources.

Messrs. Chandler of the 34th, Murphy of the 19th, Floyd of the 7th and others moved that Section 1205 be vetoed.

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

Those voting in the affirmative were Messrs.

Bennett, J. T. Bohannon Bostick Bo wen Brantley, H. L. Carter

Chandler Chappell Cheeks Cole Collins, M. Coney, J. L.

Conger Dean, N. Dixon Dorminy Floyd, J. H. Grahl

340
Griffin Groover Harrington Harris Harrison Hill, G. Hudson, C. M. Hudson, Ted Hutchinson Johnson Knowles Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lewis

JOURNAL OF THE HOUSE,

Logan Longino Matthews, C. Mauldin Maxwell McCracken McDonald
Miles Milford Mulherin Murphy Nessmith Northcutt Patterson Peters

Phillips, G. S. Phillips, L. L. Phillips, W. R. Rainey Roach Rush Russell, W. B. Salem Shanahan Sherman Sweat Toles Turner Wamble

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 Black Blackshear Bond Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carr Chance Clements Collins, S. Colwell Coney, G. D. Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Edwards

Egan Evans Felton Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Granade Grantham Greer Gunter Ham Hamilton Hawes Hays Horton Housley Howard Howell Isenberg Jessup Jones, Herb Jones, J. R. Keyton King Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. S. Leggett Levitas Lowrey

Marcus Mason Matthews, D. R. McDaniell Melton Merritt Miller Moore Morgan Moyer Mullinax Noble Nunn Odom Patten Pickard Pinkston Poole Potts Reaves Ross Russell, A. B. Savage Scarborough Shepherd Sims Smith, H. R. Smith, J. R. Snow Stephens Strickland Thomason Townsend Tripp Vaughn

MONDAY, JANUARY 17, 1972

341

Wheeler, Bobby Wheeler, J. A.

Whitmire Wilson

Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Berry Brown, S. P. Collier Connell Drury Ezzard Farrar

Gary Hill, B. L. Hood Jordan Oxford Pearce Russell, H. P.

Smith, V. T. Sorrells Thompson Triplett Ware Williams Mr. Speaker

On the motion to veto, the ayes were 62, nays 111.

The motion was lost and Section 1205 was approved.

Mr. Connell of the 79th stated that he had been called from the floor of the House when the roll was called on the motion to veto Section 1205, but had he been present would have voted "nay".
Section 1206. Department of Public Health and Board of Health-- Functions Transferred.
All of the functions of the Department of Public Health and the Board of Health, created in Ga. L. 1964, p. 499 et seq., as amended (Ga. Code Ann. 88-102 & 103), and of their units, except those func tions enumerated in Sections 1206.1 through 1206.8, are transferred to the Department of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Public Health and the Board of Health relating to the functions transferred in this Section means the Department of Human Resources.

Messrs. Chandler of the 34th, Murphy of the 19th, Floyd of the 7th and others moved that Section 1206 be vetoed.

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

Those voting in the affirmative were Messrs.:

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

Alien Atherton Battle

Bell Bennett, J. T. Black

342
Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, C. Buck Carter Chandler Chappell Cheeks Cole Collins, M. Collins, S. Conger
Connell Cook Dailey Dean, N. Dent Dixon Dorminy Drury Edwards Farrar
Felton Floyd, J. H. Floyd, L. R. Fraser Geisinger Gignilliat Grahl Granade Griffin Groover Ham Harrington

JOURNAL OP THE HOUSE,

Harris Hays Hill, G. Housley Howard Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Keyton Kreeger Lambert Lane, Dick
Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Leggett Lewis Logan Longino Lowrey Matthews, C. Matthews, D. R.
Mauldin Maxwell McCracken McDaniell McDonald Miles Milford Moyer Mulherin Mullinax Murphy Nessmith

Northcutt Nunn Patterson Patten Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rush
Salem Savage Shan ah an Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens
Strickland Sweat Toles Turner Ware Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Alexander, W. H. Alexander, W. M. Bennett, Tom Berry Blackshear Bohannon Bond Bray Brown, B. D. Busbee Carr Chance Clements Colwell Daugherty

Davis, E. T. Davis, W. Dean, Gib Egan
Ezzard Gary Gaynor Grantham Greer Gunter Hamilton Harrison Hawes Horton Howell

Hudson, C. M. Jessup Jones, J. R. Jordan King Knight Knowles Larsen, G. K. Lee, W. S. Marcus Mason Melton Merritt Miller Moore

Morgan Noble Odoni Oxford Pearce Reaves

MONDAY, JANUARY 17, 1972

343

Russell, A. B. Russell, W. B. Scarborough Shepherd Sorrells Thomason

Thompson Townsend Triplett Tripp Vaughn

Those not voting were Messrs.:

Barfield Brown, S. P. Burruss Collier
Coney, G. D. Coney, J. L.

Dean, J. E. Evans Hill, B. L.
Hood Levitas Phillips, L. L.

Pickard Russell, H. P. Wamble Wheeler, J. A. Mr. Speaker

On the motion to veto, the ayes were 116, nays 62.

The motion prevailed and Section 1206 was vetoed.
Section 1206.1. Additional Functions Transferred.
The policy-making functions of the Board of Health are transferred to the Board of Human Resources in Section 1213 of this Plan.

Messrs. Chandler of the 34th, Murphy of the 19th and others moved that Section 1206.1 be vetoed.

On the motion to veto, 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 Bohannon
Bo wen Bostick

Brantley, H. H. Brantley, H. L. Brown, C. Buck Busbee Carr Carter Chandler Chappell Cheeks Clements Cole Collins, M.

Collins, S. Colwell Conger Connell Cook Dailey Dean, N. Dent Dixon Dorminy Drury Edwards Egan

344
Farrar Felton Floyd, J. H. Floyd, L. R. Gaynor Geisinger Gignilliat Grahl Granade Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hays Hill, G. Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Keyton Knight Knowles Kreeger

JOURNAL OF THE HOUSE,

Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill)
Leggett Levitas Lewis Logan Longino Lowrey Mason Matthews, C. Matthews, D. R. Maxwell McCracken McDaniell Miles Milford Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Patterson Patten Pearce Peters Phillips, G. S.

Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rush Russell, W. B. Salem Savage Shanahan Sherman Sims Smith, H.R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Toles Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T.

Those voting in the negative were Messrs.:

Alexander, W. H. Bennett, Tom Black Bond Brown, B. D. Chance Daugherty Davis, E. T. Davis, W. Dean, Gib Ezzard Gary

Hawes Hudson, C. M. Jones, J. R. Jordan King Larsen, G. K. Lee, W. S. Marcus Mauldin Melton Merritt

Those not voting were Messrs.:

Barfield Blackshear

Bray Brown, S. P.

Miller Morgan Noble Odom Oxford Reaves Russell, A. B. Scarborough S orrells Thompson Triplett
Burruss Collier

MONDAY, JANUARY 17, 1972

345

Coney, G. D. Coney, J. L. Dean, J. E. Evans Fraser Grantham

Hamilton Hill, B. L. Hood McDonald Pickard Russell, H. P.

Shepherd Thomason Townsehd Tripp Wood Mr. Speaker

On the motion to veto, the ayes were 137, nays 34.

The motion prevailed and Section 1206.1 was vetoed.
Section 1206.2. Additional Functions Transferred.
The functions with respect to the Division for Georgia Water Quality Control and the State Water Quality Control Board, created in Ga. Laws 1964, p. 416, as amended (Ga. Code Ann. 17-504), are transferred to the Department of Natural Resources in Section 1520 of this Plan.

Messrs. Chandler of the 34th, Murphy of the 19th and others moved that Section 1206.2 be vetoed.
On the motion to veto, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Bennett, J. T. Brantley, H. L. Cheeks Cole Collins, M. Conger Dean, N. Dorminy Floyd, J. H. Grahl Groover

Gunter Ham Harris, J. F. Harrison Hill, G. Hutchinson Keyton Lane, W. J. Larson, W. W. Miles Mulherin

Murphy Nessmith Northcutt Odom Ross Rush Salem Sherman Smith, V. T.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.

Alien Atherton Battle Bell Bennett, Tom

Berry Black Blackshear Bohannon Bond

346
Bostick Bo wen Brantley, H. H. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Clements Collins, S. Colwell Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dixon Drury Edwards Egan Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Gei singer Gignilliat Granade Grantham Greer Griffin Gunter Hamilton

JOURNAL OF THE HOUSE,

Harrington Hawes Hays Horton Housley Howard Hudson, C. M. Hudson, Ted Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Milford Miller Moore Morgan Moyer

Mullinax Noble Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Sims Smith, H. R. Smith, J. R. Snow Sorrells Strickland Sweat Thomason Thompson Toles Townsend Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Brown, S. P. Collier Coney, G. D. Dean, J. E. Evans

Hill, B. L. Hood Howell Logan Pickard Russell, H. P.

Shepherd Stephens Triplett Williams Mr. Speaker

MONDAY, JANUARY 17, 1972

347

On the motion to veto, the ayes were 30, nays 148.

The motion was lost and Section 1206.2 was approved.

By unanimous consent, further consideration of the Executive Reorganization Plan of 1972 was postponed until tomorrow.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

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

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Tuesday, January 18, 1972

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

The following prayer was offered by Rev. Robert F. Steinberg, Pastor, Hillcrest Baptist Church, Swainsboro, Georgia:
Today, Our Father, God, we are deeply concerned that we know Thy will and that we may have the spiritual courage and grace to follow it as we attend to the affairs of our great State.
In Thy Holy presence, we acknowledge errors we have made in the past. Forgive us of our mistakes. Help us as a legislative body to profit by each error and each mistake.
In this session as we strive toward a more effective state govern ment, help us preserve the spirit of our great State.
Eternal God, we covet the prayers of Georgians from every part of our beautiful State as we attempt to reorganize our state government.
Bless the Representatives as they assemble to work for the best interest of the peoples of our glorious State. May their minds be freed of bitterness, blundering and selfish considerations. Lift them above these attitudes. Strengthen them with Thy righteousness.
Our Father, in this hour of testing, help us hear Thy voice, "Except the Lord build the State, they labor in vain that build it: except the Lord keep the State, the watchman waketh but in vain."
Hear and answer each prayer's request, Our Father. Forgive us of our unworthiness and may we be renewed in spirit, and mind and heart, through Jesus Christ our Lord. AMEN.

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

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

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

The Journal was confirmed.

TUESDAY, JANUARY 18, 1972

349

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions, 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1249. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to amend an Act creating a new Board of Education of Gordon County, so as to change the method of electing members of the Board of Education of Gordon County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1250. By Messrs. Reaves, Barfield and Bennett of the 71st: A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System, so as to provide that any member who was an employee of the State as reflected in the Auditor's Report for the Fiscal Year ending June 30, 1969, who was a member of the General Assembly between January 1, 1954 and January 1, 1967, may receive membership credit; and for other purposes.
Referred to the Committee on Retirement.
HB 1251. By Messrs. Strickland of the 56th, Wheeler of the 57th and Leggett of the 67th: A Bill to be entitled an Act to provide minimum compensation for peace officers; to provide for qualifications; and for other purposes.
Referred to the Committee on State of Republic.
HB 1252. By Messrs. Strickland of the 56th, Wheeler of the 57th, and Leggett of the 67th:
A Bill to be entitled an Act to amend an Act creating the State Board

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JOURNAL OF THE HOUSE,

of Pardons and Paroles, so as to provide that pardons and paroles shall not be granted to certain persons; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1253. By Messrs. Hays, Clements and Snow of the 1st, 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 1254. By Mr. Reaves of the 71st:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to prior Service; and for other purposes.
Referred to the Committee on Retirement.

HB 1255. By Messrs. Hutchinson of the 61st, Wheeler of the 57th, Knowles of the 22nd, Phillips of the 38th, Housley of the 117th, Wamble of the 69th and Chance of the 44th:
A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for Public School Teachers of the State of Georgia; and for other purposes.
Referred to the Committee on Insurance.

HB 1256. By Messrs. Miles, Cheeks and Mulherin of the 78th, Connell and: Dent of the 79th, Smith and Sherman of the 80th:
A Bill to be entitled an Act to create the Pine Hill Water and Sewerage Authority in Richmond County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 549-1256. By Mr. Wheeler of the 57th:
A Resolution proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Pierce County to license and regulate businesses in the unincorporated areas of Pierce County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, JANUARY 18, 1972

351

HB 1257. By Messrs. Colwell of the 5th, Lane of the 44th, McDonald of the 15th and Wamble of the 69th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to allow creditable service credits to those State employees who left a State agency and returned to the State agency after releases from the U. S. Government prior to Septem ber 2,1947; and for other purposes.
Referred to the Committee on Retirement.

HB 1258. 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 of the Department of Public Safety; and for other purposes.
Referred to the Committee on Rules.

HB 1259. 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 place the license examiners and radio operators of the Department under the Merit System; and for other purposes.
Referred to the Committee on State of Republic.

HB 1260. By Messrs. Scarborough of the 81st, Miller of the 83rd, Coney of the 82nd, Pinkston, Bennett and Evans of the 81st:
A Bill to be entitled an Act to amend an Act re-enacting the charter of the City of Macon, so as to change the provisions relating to the disability of the Macon Fire and Police Department Employees' Retire ment System; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1261. By Messrs. Davis and King of the 86th, Berry and Thompson of the 85th, Pearce, Buck and Pickard of the 84th:
A Bill to be entitled an Act to amend the Charter of Columbus, a con solidated city-county government; defining a method for allowing a reasonable estimate of cash revenues budgeted to be made for delinquent taxes and other uncollectibles; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1262. By Messrs. Farrar of the 77th and Buck of the 84th: A Bill to be entitled an Act to amend an Act establishing the Teachers'

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Retirement System, so as to change the provisions relative to the definition of a teacher; and for other purposes.
Referred to the Committee on Retirement.

HB 1263. By Messrs. Buck and Pearce of the 84th, Thompson and Berry of the 85th, Davis and King of the 86th:
A Bill to be entitled an Act to amend the Charter of Columbus, a con solidated city-county government, this amendment establishing quali fications of Councilmen and providing that Councilmen shall be at least 21 years of age; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1264. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act providing for pensions for members of Police Departments in certain cities (population of 150,000 or more), so as to provide additional pension benefits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 550-1264. By Mr. Strickland of the 56th:
A Resolution compensating Mr. Roger H. Fussell; and for other pur poses.
Referred to the Committee on Appropriations.

HR 551-1264. By Mr. Strickland of the 56th:
A Resolution compensating Mr. Curtis Lee Hamilton; and for other purposes.
Referred to the Committee on Appropriations.

HR 552-1264. By Mr. Rush of the 51st:
A Resolution authorizing and directing the State Highway Department to designate a bridge in Long County as the Ivy Melvin Hendrix, Jr.,, Bridge; and for other purposes.
Referred to the Committee on Highways.

HR 553-1264. By Mr. Rush of the 51st: A Resolution to compensate Tattnall County; and for other purposes.
Referred to the Committee on Appropriations.

TUESDAY, JANUARY 18, 1972

353

HB 1265. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to provide that nothing in said 1971 Act shall change the present definition of "minor child" from 21 years of age; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1266, By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to provide for an increase of retirement or pension benefits for certain retired persons under certain circumstances; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1267. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to define further the pension benefits which may be preserved by postponement of the date for commencement of such benefits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1268. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to' provide a teacher may be entitled to prior service credit for active full time military duty under certain circumstances; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1269. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to provide that the designation of an employee's beneficiary may be made any time during teacher's or employee's active service; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 1270. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to provide that a teacher may be entitled to prior service credit for teaching in an accredited private school under certain circumstances; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1271. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the City of Hapeville", so as to provide for the deletion of an error in said 1971 amendatory Act; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1272. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the City of Hapeville", so as to provide for a change in the qualifications of members of the Pension and Retirement System Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1273. By Messrs, Larsen of the 113th and Thomason of the 77th:
A Bill to be entitled an Act to amend Code Title 30, relating to divorce and alimony, so as to completely and exhaustively revise, amend and supersede the laws of this State relating to divorce, alimony and sup port of minors; and for other purposes.
Referred to the Committee on Judiciary.

HR 554-1273. By Messrs. Lane of the 101st and Adams of the 100th:

A Resolution proposing an amendment to the Constitution so as to

provide a homestead exemption of $10,000 from all Fulton County ad

.;

valorem taxes, except for school district purposes, for residents of

Fulton County who are 65 years of age or over or disabled who have an

income not exceeding $6,000 for the preceding taxable year; and for

other purposes.

Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, JANUARY 18, 1972

355

HR 555-1273. By Mr. Savage of the 104th:
A Resolution proposing an amendment to the Constitution so as to abolish the office of Lieutenant Governor; to provide for the succession, to executive power; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1274. By Messrs. Lambert of the 25th, Buck of the 84th, Brantley of the 52nd, Groover of the 27th, Collins of the 62nd, Coney of the 118th and others:
A Bill to be entitled an Act to provide for the orderly furnishing of retail electric service to the consumers of the State of Georgia on a territorial basis; This Act shall be known as the "Georgia Territorial Electric Service Act"; and for other purposes.
Referred to the Committee on Industry.

HB 1275. By Messrs. Bennett of the 71st, Lambert of the 25th, Dean of the 13th, Conger of the 68th, Snow of the 1st, Gunter of the 6th, Murphy of the 19th and Morgan of the 23rd:
A Bill to be entitled an Act to amend Code Chapter 27-19, relating to demand for trial, so as to require the district attorney, before each term of court, to publish a calendar of all cases to be tried at such time; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1276. By Mr. Levitas of the 77th: A Bill to be entitled an Act to provide the circumstances under which certain contracts entered into by State agencies shall become binding; and for other purposes.
Referred to the Committee on Judiciary.
HB 1277. By Mr. Matthews of the 16th: A Bill to be entitled an Act to amend Code Chapter 26-26, relating to disorderly conduct and related offenses, so as to provide that certain persons who enter upon the campus or other facilities of any unit of the University of Georgia appearing to interfere with the peaceful conduct of such facility shall be guilty of a misdemeanor if he refuses to leave when directed to do so by proper authority; and for other purposes.
Referred to the Committee on University System of Georgia.

356

JOURNAL OF THE HOUSE,

HB 1278. By Messrs. Black of the 45th, Lowrey of the 9th, Matthews of the 63rd, Reaves of the 71st, Geisinger of the 72nd, Farrar of the 77th, and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act regulating the sale, inspection, importation and distribution of fluid milk and milk products, so as to provide that raw certified milk and milk products meeting qualifications of milk commissions may be sold for manufacturing pur poses as long as they are properly labeled; and for other purposes.
Referred to the Committee on Agriculture.

HR 556-1278. By Mr. Dailey of the 53rd:
A Resolution compensating the Propane Gas Company, Inc., of Cuthbert, Georgia; and for other purposes.
Referred to the Committee on Appropriations.

HB 1279. By Mr. Rush of the 51st:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to allow any member to retire after acquiring 20 years of active full-time service with the State; and for other purposes.
Referred to the Committee on Retirement.
HB 1280. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act and the several amendatory Acts of said Act, so as to give teachers the right to pay into the pension fund; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1281. By Messrs. Bennett of the 71st, Carter of the 64th, Bostick of the 63rd, Barfield of the 71st, Gary of the 21st, Leggett of the 67th, Bohannon of the 20th, Wheeler of the 57th and others:
A Bill to be entitled an Act to amend Code Chapter 92-69, relating to county boards of tax assessors, so as to provide that a county may elect to have its board of tax assessors elected; and for other purposes. Referred to the Committee on State of Republic.
HB 1282. By Mr. Connell of the-79th: A Bill to be entitled an Act to provide the procedure whereby a Judge

TUESDAY, JANUARY 18, 1972

357

of the State Court of any county shall be eligible to become a Judge Emeritus of such Court; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1283. By Messrs. Mullinax and Knight of the 30th, McDonald of the 15th, Potts of the 30th, Bray of the 31st, Longino of the 98th and others:
A Bill to be entitled an Act to amend Code Section 34-604, relating to the appointment of deputy registrars, so as to provide that certain municipal officials shall be a deputy to the board of registrars; and for other purposes.
Referred to the Committee on State of Republic.

HB 1284. By Messrs. Lambert of the 25th, Thompson of the 85th, Bell of the 73rd, Carr of the 35th, Pickard of the 84th and Roach of the 10th:
A Bill to be entitled an Act to provide for hearing officers for the Public Service Commission; and for other purposes.
Referred to the Committee on Industry.

HB 1285. By Messrs. Thomason of the 77th, Mullinax of the 30th, Fraser of the 59th, Evans of the 81st and Melton of the 32nd:
A Bill to be entitled an Act to provide that all meetings of any state department, agency, board, bureau, commission or political subdivision and the governing authority shall be open to the public at all times; and for other purposes.
Referred to the Committee on State of Republic.

HB 1286. By Messrs, Jones of the 87th, Alien of the 92nd, Blackshear of the 91st, Triplett of the 93rd, Battle of the 90th, Gignilliat of the 89th and Gaynorof the 88th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in State Public Schools and other State Sup ported schools, so as to provide for the establishment by certain teachers of full creditable service for years of service under certain local systems; and for other purposes.
Referred to the Committee on Retirement.

HB 1287. By Messrs. Isenberg and Leggett of the 67th, Bohannon of the 20th,

Bennett of the 71st, Odom of the 61st, Patterson of the 20th, Dailey of

the 53rd and Drury of the 66th:

:

A Bill to be entitled an Act to provide that certain monies paid or deposited as security shall be placed in escrow or trust and shall bear interest; and for other purposes.

Referred to the Committee on Banks and Banking.

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JOURNAL OP THE HOUSE,

HB 1288. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to provide for the compensation and expenses of the Commissioner of the Department of Administrative Services, Commissioner of the Department of Financial Regulations, Commis sioners of the Department of Human Resources, Natural Resources, Public Safety, and Transportation; and for other purposes.
Referred to the Committee on Retirement.

; HR 557-1288. By Mr. Pickard of the 84th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from all ad valorem taxation all tangible personal property in transit through this State and all tangible personal property manufactured, processed, or refined in this State and stored for shipment outside the State; and for other purposes.
Referred to the Committee on Ways and Means.

HR 558-1288. By Messrs. Felton of the 95th, Roach of the 10th and Snow of the 1st:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the jurisdiction of the Supreme Court and the jurisdiction of judges of the Court of Appeals; and for other purposes.
; Referred to the Committee on Special Judiciary.

HB 1289. By Messrs. Greer and Horton of the 95th, Mrs. Hamilton of the 112th, Messrs. Larsen of the 113th and Hawes of the 95th:
A Bill to be entitled an Act to create the "Chattahoochee River Re sources Board"; and for other purposes,
Referred to the Committee on Natural Resources.

HR 559-1289. By Mr. Fraser of the 59th: A Resolution compensating Mr. John O. Home; and for other purposes.
Referred to the Committee on Appropriations.

HB 1290. By Mr. Noble of the 73rd:
A Bill to be entitled an Act to provide for automobile insurance cover age; to provide for basic economic loss coverage and catastrophe loss coverage; and for other purposes.
Referred to the Committee on Insurance.

TUESDAY, JANUARY 18, 1972

359

HB 1291. By Mr. Noble of the 73rd:
A Bill to be entitled an Act to amend Code Section 26-2802, relating to cruelty to animals so as to prohibit the sale or distribution of artificially colored baby chicks, other fowl or turtles as pets or novelties; and for other purposes.
Referred to the Committee on Industry.

HB 1292. By Mr. Noble of the 73rd:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Pish Commission, so as to change the provisions relating to wildlife exhibits; and for other purposes.
Referred to the Committee on Game and Fish.

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

HB 1221. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend the Act approved March 3, 1939, authorizing the Board of Commissioners of Fulton County to establish rules and regulations governing the payment of pensions to County employees of said County, so as to provide additional pension benefits; and for other purposes.

HB 1222. By Mr. Adams of the 100th:
A Bill to be entitled an Act to provide for the protection of pension rights to certain employees of counties having a population in excess of 600,000 and cities located in whole or in part in such counties; and for other purposes.

HB 1223. By Messrs. Jordan of the 74th, Bell of the 73rd, Smith of the 3rd, Brown of the 32nd, Larsen of the 113th, Noble of the 73rd, Gary of the 21st, Berry of the 85th, Coney of the 118th and others:
A Bill to be entitled an Act to provide a procedure for the review of certain applications for rezoning by certain State departments and for for the submission of certain reports in connection therewith; and for other purposes.

HB 1224. By Messrs. Blackshear of the 91st and Brown of the 110th:
A Bill to be entitled an Act to repeal an Act prohibiting the use of force, intimidation, violence, or threats thereof, to restrict or other-

360

JOURNAL OF THE HOUSE,

wise interfere with the right of any person to work or to peaceably conduct his business or to require the membership or non-membership of any person in a labor organization; and for other purposes.

HB 1225. By Messrs. Northcutt of the 21st, Harrison of the 58th, Lee of the 21st, Dean of the 19th, Farrar of the 77th, Mauldin of the 12th and others:
A Bill to be entitled an Act to amend an Act establishing "The Public School Employees' Retirement System", so as to change the retirement benefits; and for other purposes.

HB 1226. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to provide for the election of the members of the Treutlen County Board of Education; to provide for staggered terms; and for other purposes.

HB 1227. By Messrs. Savage of the 104th, Chance of the 44th, Patterson of the 20th, Jones of the 87th, Brown of the 32nd and Russell of the 14th:
A Bill to be entitled an Act to amend an Act to create the Motion Picture and Television Advisory Commission to the Director of the Department of Industry and Trade; and for other purposes.

HB 1228. By Mr. Harrington of the 34th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to authorize the Board of Trustees to extend post-retirement benefit adjustments to certain other bene ficiaries; and for other purposes.

HB 1229. By Mrs. Merritt of the 46th, Messrs. Collins of the 62nd, Nessmith of the 44th, Matthews and Patten of the 63rd and Reaves of the 71st:
A Bill to be entitled an Act to amend Code Title 112, relating to weights and measures, so as to substantially revise, supersede and modernize the laws of this State relating to weights and measures; and for other purposes.

HB 1230. By Messrs. Felton of the 95th, Collins of the 62nd, Phillips of the 50th, Russell and Keyton of the 70th, Connell of the 79th and Bostick of the 63rd:
A Bill to be entitled an Act to create the Georgia Agrirama Development Authority and empower said Authority with all rights, powers, authority and privileges to maintain said authority; and for other purposes.

TUESDAY, JANUARY 18, 1972

361

HB 1231. By Messrs. Adams of the 100th, Leggett of the 67th, Tripp of the 49th, Harrison of the 58th, Rush of the 51st, Roach of the 10th, Lane of the 101st and Rainey of the 47th:
A Bill to be entitled an Act to provide for the regulation and numbering of water vessels; and for other purposes.

HB 1232. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act providing certain re quirements relative to the construction of public buildings, so as to provide that certain buildings constructed prior to Jan. 1, 1970, shall be furnished with ramps equipped with non-slip surfaces; and for other purposes.

HB 1233. By Messrs. Matthews and Logan of the 16th: A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens, so as to provide that the election of the benefits under Section 6(b) shall be irrevocable unless said participant shall make an election of benefit within 60 days after approval of this Act by the Governor; and for other purposes.
HB 1234. By Messrs. Buck, Pickard and Pearce of the 84th, Berry and Thompson of the 85th, Davis and King of the 86th: A Bill to be entitled an Act to regulate the manner in which the judges of the Superior Court of the Chattahoochee Judicial Circuit shall dispose of the business of said court; to provide for the selection and removal of a chief judge of said court; and for other purposes.
HB 1235. By Mr. Phillips of the 50th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Treutlen County, so as to provide for the election of the members of the Board of Commissioner of Treutlen County; and for other purposes.

HB 1236. By Messrs. Chandler of the 34th, Fraser of the 69th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th and Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend the "Georgia Prison Industries Act", so as to change the name of the Georgia Prison Industries Admin istration to the Georgia Correctional Industries Administration; and for other purposes.

362

JOURNAL OF THE HOUSE,

HB 1237. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th and Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the Board of Corrections and to prisons, so as to authorize the Board to establish the maximum amount of legal tender an inmate may have in his possession at any time; and for other purposes.

HB 1238. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th, and Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension, revocation and cancellation of driver's licenses, so as to provide that the Director of the Department of Public Safety shall formulate the rules and regula tions for inmates subject to the custody of the Board of Corrections; and for other purposes.

HB 1239. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th and Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend Code Chapter 27-1, relating to proceedings prior to arrest, so as to provide for a reward to be paid to certain persons furnishing information leading to the capture of escaped inmates of penal institutions; and for other purposes.

HB 1240. By Messrs. Chandler of the 24th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th and Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the Board of Corrections, so as to establish the crime of possessing a deadly weapon while in the custody of any penal institution or facility; and for other purposes.

HB 1241. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th and Dailey of the 53rd, and others:
A Bill to be entitled an Act to provide that no person convicted for the second or any subsequent time of a misdemeanor offense shall be com mitted to the custody of the Board of Corrections for the execution of the sentence imposed as punishment for such offense; and for other purposes.

TUESDAY, JANUARY 18, 1972

363

HB 1242. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th and Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to provide that all information, all books, documents and records of the Board of Pardons and Paroles be ac cessible to the Board of Correction personnel and other members of the Executive Branch of the State engaged in rehabilitation; and for other purposes.

HB 1243. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th and Dailey of the 53rd, and others:
A Bill to be entitled an Act to amend Code Chapter 26-25, relating to obstruction of law enforcement, so as to provide a penalty of not less than one nor more than five years for the crime of obstructing a law enforcement officer or other officer of justice in the performance of his duties; and for other purposes.

HB 1244. By Messrs. Battle of the 90th, Alexander of the 96th, Noble of the 73rd and Chance of the 44th:
A Bill to be entitled an Act to provide for the regulation of use of groundwaters in certain areas of this State under certain conditions; and for other purposes.

HB 1245. By Messrs. Felton of the 95th, Levitas of the 77th, Horton and Greer of the 95th:
A Bill to be entitled an Act to create the Georgia Development Authority for Housing Finance; and for other purposes.

HB 1246. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating a system of pensions and retirement pay for officers, deputies and employees of Clayton County and the Clayton County Water Authority, so as to extend coverage to County officers; and for other purposes.

HB 1247. By Messrs. Bennett of the 71st, Murphy of the 19th, Gunter of the 6th, Dean of the 13th, Scarborough of the 81st, Brown of the 81st, Roach of the 10th, Snow of the 1st and others:
A Bill to be entitled an Act to amend an Act providing for the registra tion of trade names, partnership names, and other names in trades or businesses, so as to provide that any person failing to register said name under the provisions of this Act shall be subject to a penalty of 15% of the amount of any verdict rendered; and for other purposes.

364

JOURNAL OF THE HOUSE,

HR 547-1247. By Messrs. Nunn of the 41st, Snow of the 1st, Roach of the 10th, Gunter of the 6th, Lee of the 61st, Bennett of the 71st, Clements of the 1st, Sorrells of the 24th, Egan of the 116th, Lambert of the 25th and others:
A Resolution) proposing an amendment to the Constitution so as to provide for a Judicial Qualifications Commission; and for other pur poses.

HR 548-1247. By Mr. Egan of the 116th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may exempt from ad valorem taxa tion property of nonprofit hospitals which is used in connection with the operation of the hospital; and for other purposes.

HB 1248. By Mr. Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to remove the requirements authorizing a certain percentage of voters in any county to petition the ordinary for an election to determine whether or not alcoholic beverages and liquors shall be sold, taxed and controlled; and for other purposes.

Mr. Matthews of the 63rd District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 467. Do Pass, by Substitute. HB 1177. Do Pass. HB 1229. Do Pass. HB 1230. Do Pass.
Respectfully submitted, Nessmith of the 44th, Vice-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

TUESDAY, JANUARY 18, 1972

365

Bill of the House and has instructed me to report the same hack to the House with the following recommendation:
HB 1113. Do Pass.

Respectfully submitted, Parrar 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 and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1104. Do Pass.

HB 1142. Do Pass, as Amended.

HB 1199. Do Pass.

HB 1145. Do Pass.

HB 1143. Do Pass.

HB

754. Do Pass.

HB

66. Do Pass, as Amended.

SB

238. Do Pass.

HR 118- 283. Do Pass.

Respectfully submitted, Snow of the 1st, Chairman.

Mr. Smith of the 39th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the follow ing Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 59. Do Pass. HB 76. Do Pass.

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JOURNAL OP THE HOUSE,

HB 663. Do Pass. HB 761. Do Pass. HB 961. Do Pass. SB 169. Do Pass. HB 1170. Do Pass. HB 1169. Do Pass. HB 944. Do Pass. HB 772. Do Pass.

Respectfully submitted, Smith of the 39th, Chairman.

Mr. Roach of the 10th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1207. Do Pass,
Respectfully submitted, Roach of the 10th, 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 has instructed me to report the same back to the House with the following recommendations:
HR 521-1167. Do Pass, as Amended.
HB 1144. Do Pass.
HR 531-1205. Do Pass.

TUESDAY, JANUARY 18, 1972

367

HB 1174. Do Pass. HB 1208. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman.

By unanimous consent, the following Bills of the House were taken up for consideration and read the third time:
HB 1174. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Calhoun, so as to change the date of elections in said City; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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

The Bill, having received the requisite constitutional majority, was passed.
HB 1207. By Mr. Oxford and Mrs. Merritt of the 46th: A Bill to be entitled an Act to create and establish a Small Claims Court in and for Schley County; and for other purposes.

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

HB 1208. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to be entitled an Act to abolish the office of Treasurer of Schley County; and for other purposes.

368

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.

The following communication from His Excellency Governor Jimmy Carter was received and read:
EXECUTIVE DEPARTMENT Atlanta 30334
January 18, 1972
Honorable George L. Smith II Speaker, House of Representatives and Members of the House of Representatives State Capitol Atlanta, Georgia 30334
Dear Mr. Speaker and Members of the House:
I want to express my deep appreciation for the careful and thorough consideration being given to the reorganization plan. What is to be evolved will certainly be an accurate expression of the best judgment of Georgia's Governor and Legislature.
As you know from my own statements and as you have demonstrated with your recent votes, the proposed Department of Human Resources is desirable and of great importance. It is obvious, however, that the organization of that department as conceived by me is not acceptable to the members of the House of Representatives. There were several ex pressions of concern; namely,
(a) The department is too large;
(b) The board is too small and needs more members from the medical profession;
(c) The offender rehabilitation functions of Corrections, Probation and Parole should be separated from the other rehabilitation programs.
After discussing this important development with several legislative leaders, it now seems that an acceptable compromise can be devised which removes most of the reasons for concern and at the same time will give our people the benefits of the coordination of rehabilitative efforts.

TUESDAY, JANUARY 18, 1972

369

I would propose for your consideration the complete removal from the Department of Human Resources the corrections, probation and parole supervision agencies, leaving the other proposed agencies, in cluding health, within the department. The Board of Human Resources can be expanded to fifteen (15) members, with at least three (3) mem bers being practicing physicians and two (2) other members from other branches of the medical profession. No profession should be represented by more than one-third of the total board membership.

This compromise, although different from my own first proposal, would have my complete support.

Mr. Speaker, I hope that you will relay this message to the distin guished members of the House, and I pledge to you and to them my continuing appreciation and eagerness to work in harmony on this difficult and challenging task.

JC:fsc

Respectfully yours, Jimmy Carter

Under the provisions of HB 1, passed by the 1971 Regular Session of the General Assembly (Act No. 2, Ga. Laws 1971, pp. 4-9), the Executive Re organization Plan of 1972 was again taken up for consideration.

The following Sections, having previously been read and requests for vetoes thereon having been filed with the Clerk, were again taken up for con sideration :
Section 1206.3. Additional Functions Transferred.
The functions with respect to Air Quality Control, contained in Ga. Laws 1967, p. 581 as amended (Ga. Code Ann. 88-901), are trans ferred to the Department of Natural Resources in Section 1533 of this Plan.

Mr. Smith of the 3rd asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1206.3 was approved.
Section 1206.4 Additional Functions Transferred.
The functions with respect to Water Supply Quality Control, contained in Ga. Laws 1964, p. 499 (Ga. Code Ann. Ch. 88-26), are transferred to the Department of Natural Resources in Section 1534 of this Plan.

370

JOURNAL OF THE HOUSE,

Mr. Smith of the 3rd asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1206.4 was approved.
Section 1206.5 Additional Functions Transferred.
The functions with respect to oyster bed inspection, contained in Ga. Laws 1955, pp. 483, 540 (Ga. Code Ann. 45-926), are transferred to the Department of Natural Resources in Section 1532 of this Plan.

Mr. Smith of the 3rd asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1206.5 was approved.
Section 1206.6. Additional Functions Transferred.
The functions of the Department of Public Health with respect to Solid Waste Management are transferred to the Department of Natural Resources in Section 1535 of this Plan.

Mr. Smith of the 3rd asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1206.6 was approved.
Section 1206.7. Additional Functions Transferred.
The functions with respect to regulation of articles of bedding, contained in Ga. Laws 1964, p. 499, 552, et al., as amended (Ga. Code Ann. 88-801 et seq.), are transferred to the Department of Agriculture in Section 504 of this Plan.

Mr. Smith of the 3rd asked unanimous consent that his request for veto be withdrawn.
The consent was granted and Section 1206.7 was approved.
Section 1206.8. Additional Functions Transferred.
The functions with respect to regulation of canning factories and shucking plants, contained in Ga. Laws 1955, pp. 483, 542 (Section 114)

TUESDAY, JANUARY 18, 1972

371

(Ga. Code Ann. 45-931), are transferred to the Department of Agricul ture in Section 508 of this Plan.

Mr. Smith of the 3rd asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1206.8 was approved.
Section 1207. Division of Vocational Rehabilitation -- Functions Transferred.
All of the functions of the Division of Vocational Rehabilitation, established in the State Board of Education by Georgia Laws 1951, p. 516, as amended (Ga. Code Ann. 32-2302), are transferred to the Department of Human Resources. The official of the Department of Human Resources who is charged with the administration of the functions transferred to the Department in this Section shall be included in the classified service. He shall possess those qualifications currently provided by law with respect to the Director of the Division of Voca tional Rehabilitation. Unless inconsistent with this Plan, any reference in Georgia Laws to the Division of Vocational Rehabilitation means the Department of Human Resources.

Mr. Smith of the 3rd asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1207 was approved.
Section 1208. State Board of Probation--Functions Transferred.
All of the functions of the State Board of Probation, created in Ga. Laws 1956, p. 27, as amended (Ga. Code Ann. 27-2703), except the policy-making functions transferred to the Board of Human Resources in Section 1215 of this Plan, are transferred to the Department of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Probation means the Department of Human. Resources. Nothing in this Plan shall alter the relationship between judges and probation supervisors prescribed in the Statewide Probation Act. Ga. Laws 1956, pp. 27, 28 et seq. (Ga. Code Ann. 27-2702 et seq.)

Mr. Busbee of the 61st moved that Section 1208 be vetoed.

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

372

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D., Jr. 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, K. D. Brown, C. Brown, S. P. Busbee Can-
Carter
Chance
Chandler
Chappell
Cheeks
Clements
Collier
Collins, M.
Collins, S.
Colwell
Coney, G. D.
Coney, J. L.
Conger
Connell
Dailey
Daugherty
Davis, W.
Dean, N.
Dixon
Dorminy
Drury
Edwards
Egan
Evans

Farrar Felton Floyd, J. H. Fraser Gary Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham< Harrington Harris Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M.
Hudson, Ted
Hutchinson
Isenberg
Jessup
Jones, Herb
King
Knowles
Kreeger
Lane, Dick
Lane, W. J.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Leggett
Levitasi
Lewis
Logan
Longino
Lowrey
Malleus
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McCracken

McDonald Melton Miles Milford Miller Moore Moyer Mulhierin Mullinax Murphy Nessmith Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Potts Reaves Roach
Ross
Rush
Russell, W. B.
Salem
Scarborough
Shanahan
Sherman
Sims
Smith, H. R.
Smith, V. T.
Snow
Stephens
Strickland
Sweat
Thomason
Thompson
Toles
Triplett
Tripp
Wamble
Wheeler, Bobby
Whitmire
Williams
Wood, J. T.
Wood, R. E.

TUESDAY, JANUARY 18, 1972

373

Those voting in the negative were Messrs.:

Blackshear Cole Cook
Davis, E. T.

Dean, Gib
Keyton Larsen, G. K.

Noble
Poole Turner

Those not voting were Messrs.:

Barfield
Buck Burruss Dean, J. E.
Dent Ezzard Floyd, J. R. Gaynor Geisinger Hamilton Harrison Hood Howell

Johnson
Jones, J. R. Jordan Knight
Lambert Mason McDaniell Merritt Morgan Oxford Phillips, G. S. Pickard Rainey

Russell, A. B.
Russell, H. P. Savage Shepherd
Smith, J. R. Sorrells Townsend Vaughn Ware Wheeler, J. A. Wilson Mr. Speaker

On the motion to veto, the ayes were 147, nays 10.

The motion prevailed and Section 1208 was vetoed.

Mr. Rainey of the 47th stated that he had been called from the floor of the House when the roll was called on the motion to veto Section 1208. He wished to be recorded as voting "aye".
Section 1209. State Commission on Aging--Functions Transferred to Department.
All of the functions of the State Commission on Aging, created in Ga. Laws 1962, p. 604 (Ga. Code Ann. 99-2602), except the policymaking functions transferred to the Board of Human Resources in Section 1217 of this Plan, are transferred to the Department of Human Resources. Unless inconsistent with this Plan any reference in Georgia Laws to the State Commission on Aging means the Department of Human Resources.

By unanimous consent, the request for veto was withdrawn and Section 1209 was approved.
Section 1210. State Board of Pardons and Paroles--Functions Transferred.

374

JOURNAL OF THE HOUSE,

All of the functions of the State Board of Pardons and Paroles, contained in Ga. Laws 1943, p. 185, as amended (Ga. Code Ann. 77501), except its quasi-judicial functions contained in the Constitution which are continued in Section 1218 of this Plan, and its policy-making functions transferred to the Board of Human Resources in 1216 of this Plan, are transferred to the Department of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Pardons and Paroles except the references relating to its quasi-judicial functions or its policy-making functions means the De partment of Human Resources.

Mr. Busbee of the 61st moved that Section 1210 be vetoed.

On the motion to veto, 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 Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carr Carter Chance Chandler Chappell Cheeksi Clements Cole Collier

Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Conn ell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Farrar Felton Floyd, J. H. Fraser Gary Gignilliat
Grahl Granade Grantham Griffin Groover Gunter Ham

Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Keyton King Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. EL Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey

TUESDAY, JANUARY 18, 1972

375

Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDonald Melton
Miles Milford Miller
Moore Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn
Odom Oxford

P'atterson Patten Pearce Peters 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.
Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thompson
Toles Tripp Wamble Ware Wheeler, Bobby
Wheeler, J. A. Whitmire Williams
Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs. Turner

Those not voting were Messrs.:

Barfield Bowen Burruss Dean, J. E. Ezzard
Floyd, L. R. Gaynor Geisinger Greer Hood Howell

Johnson Jordan Knight Lambert Mason McDaniell Merritt Morgan Noble Phillips, G. S.

Pickard Russell, H. P. Savage Smith, J. R. Thomason Tbwnsend Triplett
Vaughn Wilson Mr. Speaker

On the motion to veto, the ayes were 163, nays 1.

The motion prevailed and Section 1210 was vetoed.
Section 1211. Additional Functions Transferred to Department.
The functions of the Bureau of State Planning and Community Affairs with respect to housing, contained in Ga. Laws 1970, pp. 321, 327, Section lOe, (Ga. Code Ann. 40-2916 (c) ), are transferred to

376

JOURNAL OF THE HOUSE,

the Department of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Bureau of State Planning and Community Affairs with respect to its housing functions means the Department of Human Resources,

By unanimous consent, the request for veto was withdrawn and Section 1211 was approved.
Section. 1212. State Board for Children and Youth--Functions Transferred to Board.
The policy-making functions of the State Board for Children and Youth, contained in Ga. Laws 1963, p. 81 (Ga. Code Ann. 99-206 (a) ), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Board for Children and Youth with respect to its policy-making functions means the Board of Human Resources.

By unanimous consent, the request for veto was withdrawn and Section 1212 was approved.
Section 1213. Board of Health--Functions Transferred to Board.
The policy-making functions of the Board of Health, created in Ga. Laws 1964, p. 499 (Ga. Code Ann. 88-103), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Board of Health with respect to its policy-making functions means the Board of Human Resources.

Mr. Smith of the 3rd moved that Section 1213 be vetoed.

On the motion to veto, 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. Berry Black

Blackshear Bohannon 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 Cole Collier Collins, M. Collins, S.

Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T.
Dean, Gib Dean, N.
Dixon Dorminy
Drury Edwards
Evans Felton Floyd, J. H. Fraser Geisinger Gignilliat Grahl Granade Grantham Griffin Groover Gunter Ham Harrington Harris Harris on Hays
Hill, B. L. Hill, G.
Horton Housley Howard

TUESDAY, JANUARY 18, 1972

377

Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Keyton King Knowles
Kreeger Lambert
Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Leggett Lewis Logan Longino Lowrey Mason Matthews, C. Matthews, D. R. Maxwell McCracken McDaniell McDonald Melton Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nes smith

Northcutt Nunn Patterson Patten Peters Phillips, L, L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach
Rush Salenii Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Toles Turner Ware Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Bennett, Tom Davis, W. Egan Hawes Jones, J. R. Larsen, G. K.

Levitas Mauldin Moore Noble Odom Oxford

Those not voting were Messrs.:

Barfield Burruss
Dean, J. E. Den(t

Ezzard Farrar
Floyd, J. R. Gary

Russell, W. B. Scarborough Sorrells Triplett Wamble
Gaynor Greer Hamilton Hood

378
Howell Johnson. Jordan Knight Lee, W. S. Marcus Merritt

JOURNAL OF THE HOUSE,

Pearce Phillips, G. S. Pickard Poole
Russell, A. B. Russell, H. P. Thomason

Thompson Townsend Tripp Vaughn
Wheeler, J. A. Mr. Speaker

On the motion to veto, the ayes were 146, nays 17.

The motion prevailed and Section 1213 was vetoed.
Section 1214. State Board of Education--Functions Transferred to Board.
The policy-making functions of the State Board of Education and its executive officer pertaining to the Division of Vocational Rehabili tation, contained in Ga. Laws 1951, p. 516 et seq., as amended (Ga, Code Ann. 32-2302 et seq.), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Education or to the same body designated as the State Board of Vocational Education pertaining to policymaking functions with respect to the Division of Vocational Rehabilita tion means the Board of Human Resources.

By unanimous consent, the request for veto was withdrawn and Section 1214 was approved.
Section 1215. State Board of Probation--Functions Transferred to Board.
The policy-making functions of the State Board of Probation, created in Ga. Laws 1956, p. 27 (Ga. Code Ann. 27-2702), are trans ferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Probation pertaining to its policy-making functions means the Board of Human Resources.
Mr. Busbee of the 61st moved that Section 1215 be vetoed.

On the motion to veto, 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 Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carr Carter Chance Chandler Chapell Cheeks Clementsi Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser
Gary
Geisinger
<Jignilliat
Grahl

TUESDAY, JANUARY 18, 1972

379

Granade Grantham Greer Griffin Groover Gunter Ham Hamilton Harrington Harris 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 Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton
Merritt
Miles
Milford
Miller

Moore Morgan Moyer Mulherin Mulliniax Murphy Nes smith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. 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 Stricklamd Sweat Thompson T'oles Triplett Turnier Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire
Williams
Wilson
Wood, J. T.
Wood, R, E.

380

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Barfield Burruss Dean, J. E. Ezzard Gaynor Hood

Howell Johnson Knight Lee, W. S. Phillips, G. S. Pickard

Russell, H. P. Thomason Townsend Tripp Vaughn Mr. Speaker

On the motion to veto, the ayes were 177, nays 0.
The motion prevailed and Section 1215 was vetoed.
Section 1216. State Board of Pardons and Paroles -- Functions Transferred to Board.
The functions of the State Board of Pardons and Paroles with respect to policy-making, provided for in Ga. Laws 1943, p. 185, as amended (Ga. Code Ann. 77-501 et seq.), not to include the quasijudicial functions continued in the Board in Section 1218 are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Pardons and Paroles pertaining to its policy-making functions means the Board of Human Resources.
Mr. Busbee of the 61st moved that Section 1216 be vetoed.

On the motion to veto, 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
Blackshear Bohannon Bond
Bostick

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

Collier Collins, M. Collins, S. Colwell
Coney, G. D. Coney, J. L.
Conger Connell
Cook Dailey
Daugherty Davis, E. T. Davis, W.
Dean, Gib Dean, J. E. Dean, N.
Dent

Dixom Dorminy Drury Edwards Egan Evans Farratr Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudon, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King

TUESDAY, JANUARY 18, 1972

381

Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Lewis Logon 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 Nessmithi Noble Northcutt Nunni Odom Oxford Patterson Patten

Pearce Peters Phillips, L. L. Phillips, W. R. 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 Thompson Toles Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, 3. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Burruss Ezzard Gaynor Hood

Howell Johnson
Lee, W. S. Phillips, G. S. Pickard

Russell, H. P. Thomason Tbwnsend Vaughn Mr. Speaker

On the motion to veto, the ayes were 180, nays 0.

382

JOURNAL OF THE HOUSE,

The motion prevailed and Section 1216 was vetoed.

Section 1217. Commission on Aging--Functions Transferred to Board.

The policy-making functions of the Commission on Aging, created in Ga. Laws 1962, p. 604 (Ga. Code Ann. 99-2602), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Commission on Aging pertaining to its policy-making functions means the Board of Human Resources.

By unanimous consent, the request for veto was withdrawn and Section 1217 was approved.
Section 1218. State Board of Pardons and Paroles--Continued j Assigned.
The State Board of Pardons and Paroles and its quasi-judicial functions, provided for in Article V, Section 1, Paragraph XI of the Constitution, are continued. The Board is assigned to the Department of Human Resources for administrative purposes only as prescribed in Section 105 of this Plan, In addition to the salary provided by the Constitution and notwithstanding any other provision of the Plan, the members of the Board of Pardons and Paroles shall continue to receive the amount specified in Ga. Laws 1956, p. 27, as amended (Ga. Code Ann. 27-2703), as supplementary compensation and, in lieu of perform ing duties with respect to the State Probation System, shall perform such other duties as shall be provided by law.

Mr. Busbee of the 61st moved that Section 1218 be vetoed.

On the motion to veto, the roll call was ordered and the vote was as follows i

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, J. T. Bennett, Tom Berry
Black

Blackshear Bohannoni 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. Colwell Coney, G. D.
Coney, J. L.

Conger Council
Cook Dailey Daugherty Davis, E. T.
Davis, W. Beam, Gib
Dean, J. E. Dean, N. Dent
Dixon Dorminy Drury Edwards Egan Evans Farrar Felton Floyd, J. H.
Floyd, L. R. Fraser Gary
Geisinger Gigndlliat Grahl
Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays
Hill, B. L. Hill, G. Horton Housley Howard
Hudson, C. M.

TUESDAY, JANUARY 18, 1972

383

Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Keyton; King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) 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 Nessmith Noble Northcutt Nunn

Odom
Patter son, Patten
Pearce Peters
Phillips, L. L. Phillips, W. R, Pinkston Poole
Potts Rainey
Reaves Roach Ross Rush Russell, A. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R, Snow Sorrells Stephens
Strickland Sweat Thompson Tolesi Triplett Tripp Turner Wamble Ware Wheeler, Bobby
Wheeler, J. A. Whitmire Wilson Wood, J. T. Wood, R, E.

Those not voting were Messrs. :

Barfield Burruss Cole
Ezzard Gaynor Hamilton Hood Howell

Johnson Jordan
Lee, W. S. Matthews, C. McCracken Murphy Oxford Phillips, G. S.

Pickard Russell, H. P.
Smith, V. T. Thomason Town send Vaughni Williams Mr. Speaker

384

JOURNAL OP THE HOUSE,

On the motion to veto, the ayes were 170, nays 0.

The motion prevailed and Section 1218 was vetoed.
Section 1219. State Board of Corrections--Continued; Assigned.
The State Board of Corrections and its functions with respect tostate penal institutions, provided for in Article V, Section V, Paragraph I of the Constitution, are continued. The Board is assigned to the De partment of Human Resources for administrative purposes as prescribed in Section 105 of this Plan.

Mr. Busbee of the 61st moved that Section 1219 be vetoed.

On the motion to veto, 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 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 Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat

Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lambert

TUESDAY, JANUARY 18, 1972

385

Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W.J. (Bill) Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Milford Miller Moore Moyer Mulherin

Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rush Russell, W. B. Salem Savage Scarborough

Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Thompson Toles Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Blackshear Brantley, H. L. Burruss Dailey Ezzard Gaynor Hamilton Hood

Howell Johnson Jordan Lee, W. S. Matthews, C. Miles Morgan Phillips, G. S. Pickard

Reaves Russell, A. B. Russell, H. P. Sorrells Thomason
Town send Vaughn Mr. Speaker

On the motion to veto, the ayes were 169, nays 0.

The motion prevailed and Section 1219 was vetoed.
Section 1220. Hospital Advisory Council For Construction and Licensure--Continued; Assigned.
The Hospital Advisory Council for Construction and Licensure, created in Ga. L. 1968, p. 1421, (Ga. Code Ann. 88-2201), is continued, and the Council is assigned to the Department of Human Resources for administrative purposes as prescribed in Section 105 of this Plan.

386

JOURNAL OF THE HOUSE,

Mr. McCracken of the 36th moved that Section 1220 be vetoed.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, Marvin Alexander, W. H. Alien Battle Bell Bennett, J. T. Berry Black Bohannon Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Conger Connell Cook Dailey Daugherty
Davis, E. T.
Dean, Gib
Dean, N.
Dent
Dixon
Dorminy
Drury
Edwards
Farrar

Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hays Hill, B. L. Hill, G. Horton Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Keyton King Knight Knowles Lambert Lane, Dick Lane, W. J. Larsen, W. W.
Lee, W. J. (Bill)
Leggett
Le vitas
Lewis
Logan
Longino
Lowrey
Mason
Matthews, C.

Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Salem Shanahan
Sherman
Sims
Smith, H. R.
Smith, J. R.
Smith, V. T.
Snow
Stephens
Strickland
Sweat

TUESDAY, JANUARY 18, 1972

387

Wamble Ware Wheeler, Bobby

Wheeler, J. A. Whitmire Williams

Wilson Wood, J. T.

Those voting in the negative were Messrs.

Adams, John Alexander, W. M. Atherton Bennett, Tom Blackshear Bond Brown, B. D. Colwell
Coney, J. L. Davis, W.

Dean, J. E. Egan Evans Hawes Housley Jones, J. R. Kreeger Larsen, G. K. Marcus Miller

Odom Pinkston Scarborough Thompson Toles Triplett Tripp Turner Wood, R. E.

Those not voting were Messrs.:

Barfield
Burruss Ezzard Gaynor Greer Hamilton Hood Hudson, C. M.

Johnson Jordan Lee, W. S. McDonald Phillips, G. S. Pickard Russell, H. P. Russell, W. B.

Savage Shepherd Sorrells Thomason Town send Vaughn Mr. Speaker

On the motion to veto, the ayes were 143, nays 29.

The motion prevailed and Section 1220 was vetoed.
Section 1221. Commission on the Status of Women--Continued; Assigned.
The Commission on the Status of Women, created in Ga. Laws 1966, p. 605, is continued, and the Commission is assigned to the De partment of Human Resources for administrative purposes only as pre scribed in Section 105 of this Plan.

By unanimous consent, the request for veto was withdrawn and Section 1221 was approved.
Section 1222. Drugs and Alcohol Programs.
All programs conducted by State agencies with respect to drug and

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alcohol abuse, except the regulation of the sale or dispensation of drugs or rleated products by the State Board of Pharmacy pursuant to Georgia Laws, and the investigation of criminal conduct pertaining to illegal drugs transferred to the Department of Public Safety in Section 1606 of this Plan, shall be conducted and coordinated by the Department of Human Resources.

Mr. Busbee of the 61st moved that Section 1222 be vetoed.

On the motion to veto, 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 Black shear Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D.
Brown, C. Brown, S. P. Buck Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D.

Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Drury Edwards Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Groover Ham Hamilton Harrington Harris Harrison Hays Hill, B. L. Hill, G. Horton Housley Howard

Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger 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 Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters

TUESDAY, JANUARY 18, 1972

389

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. Smith, J. R.

Snow Sorrells Stephens Strickland Sweat Thompson
Toles Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood,J.T. Wood, R. E. Mr. Speaker

Voting in the negative was Mr. Griffin.

Those not voting were Messrs.:

Barfield Brantley, H. L. Burruss Dean, Gib Dean, J. E. Egan Ezzard

Gaynor Greer Gunter Hawes Hood Phillips, G. S. Pickard

Russell, H. P. Savage Smith, V. T. Thomason Townsend Vaughn Mr. Speaker

On the motion to veto, the ayes were 173, nays 1.

The motion prevailed and Section 1222 was vetoed.

Mr. Griffin of the 68th stated that he had inadvertently voted "nay" but in tended to vote "aye" on the motion to veto Section 1222.
Section 1223. Council on Aging--Creation.
There is created a Council on Aging within the Department.

By unanimous consent, the request for veto was withdrawn and Section 1223 was approved.

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Section 1224. Georgia Factory For The Blind--Continued; Trans ferred.

The Georgia Factory for the Blind, created in Ga. Laws 1937, p. 579, as amended (Ga. Code Ann. 99-801), is continued and is trans ferred to the Department of Human Resources created in this Chapter.

By unanimous consent, the request for veto was withdrawn and Section 1224 was approved.
Section. 1225. Additional Functions Transferred.
All of the functions of the Radiation Control Council, created in Ga. Laws 1964, p. 499, 568, as amended (Ga. Code Ann. 88-1305), are transferred to the Department of Human Resources.

By unanimous consent, the request for veto was withdrawn and Section 1225 was approved.
Section 1226. State Board of Family and Children Services-- Abolished.
The State Board of Family and Children Services, provided for in Ga. Laws 1937, p. 355, as amended (Ga. Code Ann. 99-104-106), is abolished.

By unanimous consent, the request for veto was withdrawn and Section 1226 was approved.
Section 1227. Food Service Advisory Council--Abolished.
The Food Service Advisory Council, created in Ga. Laws 1964, pp. 499, 560, as amended (Ga. Code Ann. 88-1005), is abolished.

By unanimous consent, the request for veto was withdrawn and Section 1227 was approved.
Section 1228. Georgia Youth Council--Abolished.
The Georgia Youth Council, created in Ga. Laws 1966, p. 601, is abolished.
By unanimous consent, the request for veto was withdrawn and Section 1228 was approved.

TUESDAY, JANUARY 18, 1972

391

Section 1301. Department of Labor--Continued.

The Department of Labor, created by Ga. Laws 1937, p. 230 (Ga. Code Ann. 54-102), and its functions are continued. Deleted. See Sec tion 1303. The Commissioner of Labor, provided for in Article V, Section II, Paragraph I of the Constitution, shall continue to be the department head and exercise those functions assigned to him by law except those transferred in this Plan.

Mr. Dixon of the 65th asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1301 was approved.
Section 1302. Director of Administration--Created.
There is created the position of Director of Administration under the State Board of Workmen's Compensation who shall be responsible for handling the administrative functions of the agency. He shall be both appointed and removed by the State Board of Workmen's Compen sation subject to the approval of the Governor.

Messrs. Groover of the 27th and Leggett of the 67th asked unanimous consent that their requests for veto be withdrawn.

The consent was granted and Section 1302 was approved.
Section 1501. Department of Natural Resources--Created; Head.
(a) There is created a Department of Natural Resources. :
(b) There is created the position of Commissioner of Natural Re sources. The Commissioner shall be both appointed and removed by the State Game and Fish Commission subject to approval of the Govnor. Subject to the general policy established by the State Game and Fish Commission, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department of Natural Resources by this Plan.

Mr. Murphy of the 19th asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1501 was approved.

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JOURNAL OF THE HOUSE,

Section 1503. State Forestry Commission--Functions Transferred.

All of the functions of the State Forestry Commission, created in Ga. Laws 1955, p. 309, as amended (Ga. Code Ann. 43-201 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the /State Forestry Commission means the Department of Natural
Resources.

Mr. Phillips of the 50th moved that Section 1503 be vetoed. On the motion to veto, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, Marvin Alien
Berry Brantley, H, L. Carr Carter Chance Chappell Cheeks Cole "" Collins, M. Collins, S. Conger Connell Dixon Dorminy Farrar Felton Floyd, J.H. Floyd, L. R. Gaynor

Grahl Groover Harrington Harrison Hays Housley Hudson, C. M. Hutchinson Isenberg Johnson Lane, Dick Lane, W. J. Larsen, W. W. Leggett Lowrey Matthews, D. R. Mauldin McDaniell Miles Milford Mulherin

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M.
Atherton Battle Bell Bennett, Tom Black Blackshear

Bohannon Bostick Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss

Mullinax Murphy Nessmith Patten Peters Phillips, L. L. Phillips, W. R. Pickard Rainey Reaves Rush Russell, H. P. Salem Sherman Strickland Sweat Triplett Ware Wheeler, Bobby Whitmire Wood, J. T.
Busbee Collier Colwell Coney, G. D. Coney, J. L. Cook Dailey Daugherty Davis, E. T. Davis, W.

Dean, N. Dent Drury Edwards Egan Evans Ezzard Fraser Gary Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Ham Hamilton Harris Hawes Hill, B. L. Hill, G. Horton Howard Howell Hudson, Ted Jessup Jones, J. R.

TUESDAY, JANUARY 18, 1972

393

Jordan Keyton King Knowles Kreeger Lambert Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Marcus Mason Matthews, C. Maxwell McCracken Melton Merritt Miller Moore Morgan Moyer Noble Nunn Odom Oxford

Patterson Phillips, G. S. Pinkston Poole Potts Roach Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Thomason Thompson Toles Townsend Tripp Turner Vaughn Williams Wilson Wood, R. E.

Those not voting were Messrs.:

Barfield Bennett, J. T. Bond Chandler Clements Dean, Gib Dean, J. E.

Hood Jones, Herb Knight Logan McDonald Northcutt Pearce

Ross Shepherd Smith, V. T. Wamble Wheeler, J. A. Mr. Speaker

On the motion to veto, the ayes were 63, nays 112.

The motion was lost and Section 1503 was approved.
Section 1504. Department of State Parks--Functions Transferred.
All of the functions of the Department of State Parks, Historic Sites, and Monuments, created in Ga. Laws 1937, p. 264, as amended (Ga. Code Ann. 43-120 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Parks, His toric Sites, and Monuments means the Department of Natural Resources.

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JOURNAL OF THE HOUSE,

Mr. Groover of the 27th asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1504 was approved.
Section 1507. Altamaha River Basin Commission -- Functions Transferred.
All of the functions of the Altamaha River Basin Commission, created in Ga. Laws 1970, p. 632, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Altamaha River Basin Com mission means the Department of Natural Resources.

Mr. McDonald of the 15th moved that Section 1507 be vetoed.

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

Those voting in the affirmative were Messrs.

Bennett, J. T. Bohannon Brantley, H. H. Brantley, H. L. Bray Carr Chandler Cole Collins, M. Coney, J. L. Conger Connell Cook Dean, Gib Dixon Dorminy Felton Grahl

Grantham Groover Harrngton Harrison Hudson, C. M. Hudson, Ted Hutchinson Isenberg King Knowles Lane, W. J. Larsen, W. W. Leggett Mason Matthews, D. R. Mauldin McDonald

Miles Milford Miller Moyer Mulherin Murphy Nessmith Nunn Phillips, W. R. Rush Russell, H. P. Salem Shanahan Strickland Sweat Wheeler, Bobby Wood, J. T.

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien

Atherton Battle Bell Bennett, Tom Berry Black

Blackshear Bond Bostick Bowen Brown, B. D. Brown, C.

Brown, S. P. Buck Burruss Busbee Carter Chance Chappell Cheeks Collins, S. Colwell Coney, G. D. Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Edwards Egan Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger
Gignilliat
Granade
Greer
Griffin
Gunter
Ham
Harris
Hawes

TUESDAY, JANUARY 18, 1972

395

Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Logan Longino Lowrey Marcus Matthews, G. Maxwell
McCracken
McDaniell
Melton
Merritt
Moore
Mullinax
Noble

Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Rainey Reaves Roach Russell, A. B. Russell, W. B. Scarborough Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Stephens Thomason Thompson Toles Triplett Tripp
Vaughn
Ware
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, R. E.

Those not voting were Messrs.:

Barfield Clements Collier Dean, J. E. Drury Hamilton Hood

Morgan Northcutt Odom Pickard Ross Savage

Smith, V. T. Sorrells Townsend Turner Wamble Mr. Speaker

On the motion to veto, the ayes were 52, nays 124.

The motion was lost and Section 1507 was approved.

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JOURNAL OF THE HOUSE,

Mr. Phillips of the 50th stated that he had inadvertently voted "nay" but intended to vote "aye" on the motion to veto Section 1507.

Section 1509. Franklin D. Roosevelt Warm Springs Memorial Foundation--Functions Transferred.

All of the functions of the Franklin D. Roosevelt Warm Springs Memorial Foundation, created in Ga. Laws 1946, p. 31, as amended (Ga. Code Ann. 40-2401 et al.), and its units are transferred to the Depart ment of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Franklin D. Roosevelt Warm Springs Memorial Foundation means the Department of Natural Resources.

Mr. Bray of the 31st moved that Section 1509 be vetoed.

On the motion to veto, 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 Berry Black Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Cheeks
Cole
Collins, M.
Colwell

Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Egan Ezzard Farrar Felton Fraser Gary Gaynor Gignilliat Grahl Granade Grantham Greer Griffin Groover
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, 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

TUESDAY, JANUARY 18, 1972

397

Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniel Melton Merritt Miles Milford Miller Moyer Mulherin Mullinax Murphy Nessmith Noble

Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan

Sherman Sims Smith, H. R. Smith, 3. R. Smith, V. T. Snow Stephens Strickland Sweat Thompson Toles
Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Collins, S. Coney, G. D. Evans

Floyd, J. H. Floyd, L. R. Geisinger

Moore Poole Wheeler, J. A.

Those not voting were Messrs.:

Barfield Bell Bennett, J. T. Bowen Brantley, H. L. Chappell Clements Collier

Dean, J. E. Drury Gunter Hamilton Hood Jones, Herb McDonald Morgan

Pickard Ross Savage Shepherd Sorrells Thomason Townsend Mr. Speaker

On the motion to veto, the ayes were 162, nays 9.

The motion prevailed and Section 1509 was vetoed.

By unanimous consent, further consideration of the Executive Reorganiza tion Plan of 1972 was postponed until the afternoon session.

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JOURNAL OF THE HOUSE,

Mr. Floyd of the 7th arose to a point of personal privilege and addressed the House.

Mr. Levitas of the 77th arose to a point of personal privilege and addressed the House.

The Speaker announced the House recessed until 2:15 o'clock, P.M.

AFTERNOON SESSION The Speaker called the House to order.

Under the provisions of HB 1, passed by the 1971 regular Session of the General Assembly (Act No. 2, Ga. Laws 1971), the Executive Reorganization Plan of 1972 was again taken up for consideration.

The following Sections, having previously been read and requests for vetoes thereon having been filed with the Clerk, were again taken up for consideration:
Section 1511. Surface Mined Land Use Board--Functions Trans ferred.
All of the functions of the Surface Mined Land Use Board, cre ated in Ga. Laws 1968, p. 9, as amended (Ga. Code Ann. 43-1404), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Sur face Mined Land Use Board means the Department of Natural Resources.

Messrs. Harrington of the 34th, Carr of the 35th and others asked unanimous consent that their requests for veto be withdrawn.

The consent was granted and Section 1511 was approved.
Section 1515. Georgia Forest Research Council--Functions Trans ferred.
All of the functions of the Georgia Forest Research Council, cre ated in Ga. Laws 1953, Nov.-Dec. Sess,, p. 45 (Ga. Code Ann. 43-801), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Forest Research Council means the Department of Natural Resources.

TUESDAY, JANUARY 18, 1972

399

Mr. Dorminy of the 48th asked unanimous consent that his request for veto be withdrawn. The consent was granted and Section 1515 was approved.

Section 1519. Rivers and Harbors Development Commission--Func tions Transferred.

All of the functions of the Rivers and Harbors Development Com mission, created in Ga. Laws 1967, p. 516, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Rivers and Harbors De velopment Commission means the Department of Natural Resources.

Mr. Isenberg of the 67th asked unanimous consent that his request for veto be withdrawn. The consent was granted and Section 1519 was approved.
Section 1520. State Water Quality Control Board, Division for Georgia Water Quality Control--Functions Transferred.
All of the functions of the State Water Qualtiy Control Board and the Division for Georgia Water Quality Control, created in Ga. Laws 1964, p. 416, as amended (Ga. Code Ann. 17-504), are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Public Health or the Board of Health relating to the functions transferred in this Section and in Sections 1532 through 1535 to the Department of Natural Resources means the Department of Natural Resources.

Mr. Cole of the 3rd asked unanimous consent that this request for veto be withdrawn.

The consent was granted and Section 1520 was approved.
Section 1521. Ocean Science Center of the Atlantic--Functions Transferred.
All functions of the Ocean Science Center of the Atlantic Commis sion, created in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann 431301, et al.), except those functions transferred in Sections 705 and 2303 of this Plan, are transferred to the Department of Natural Re sources.

Mr. Murphy of the 19th asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1521 was approved.

400

JOURNAL OF THE HOUSE,

Section 1522. Soil and Water Conservation Committee--Continued; Assigned.

The Soil and Water Conservation Committee, created in Ga. Laws 1937, p. 377, as amended (Ga. Code Ann. 5-1807, et al.), is continued and is assigned to the Department of Natural Resources for adminis trative purposes only as prescribed in Section 105 of this Plan.

Messrs. Lowrey of the 9th and Nessmith of the 44th asked unanimous con sent that their requests for veto be withdrawn.

The consent was granted and Section 1522 was approved.
Section 1523. Jekyll Island State Park Authority--Continued; As signed.
The Jekyll Island State Park Authority, created in Ga. Laws 1950, p. 152, as amended (Ga. Code Ann. 43-601a, et al.), and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan.

Mr. Isenberg of the 67th asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1523 was approved.
Section 1524. Stone Mountain Memorial Association--Continued; Assigned.
The Stone Mountain Memorial Association, created in Ga. Laws 1958, p. 61, as amended, and its functions are continued. The Associa tion is assigned to the Department of Natural Resources for administra tive purposes only as prescribed in Section 105 of this Plan.

Mr. Miles of the 78th asked unanimous consent that his request for veto be withdrawn.
The consent was granted and Section 1524 was approved.
Section 1533. Air Quality Control--Functions Transferred.
All functions related to Air Quality Control, Ga. Laws 1967, p. 581, as amended (Ga. Code Ann. 88-903 et al.), performed by the Depart ment of Public Health and the Board of Health are transferred to the

TUESDAY, JANUARY 18, 1972

401

Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred in this Sec tion means the Department of Natural Resources.

Mr. Egan of the 116th asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1533 was approved.
Section 1534. Water Supply Quality Control Functions Transferred.
All functions related to Water Supply Quality Control, Ga. Laws 1964, p. 499 (Ga. Code Ann. 88-2601 et al.), performed by the Depart ment of Public Health and the Board of Health are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred in this Section means the Department of Natural Resources.

Mr. Egan of the 116th asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1534 was approved.
Section 1535. Solid Waste Management--Functions Transferred.
All of the functions related to Solid Waste Management performed by the Department of Public Health and the Board of Health are transferred to the Department of Natural Resources.

Mr. Brown of the 32nd asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1535 was approved.
Section 1539. Division of Environmental Protection--Created; Head; Functions Transferred.
There is created within the Department a Division of Environ mental Protection. All of the functions transferred to the Department in Sections 1520, 1533, 1534, and 1535 of this Plan and those functions of the Georgia Surface Mined Land Use Board, transferred to the De partment in Section 1511 of this Plan, relating to strip mining are hereby assigned to the Division of Environmental Protection. The Di vision shall have a Director who shall be both appointed and removed by the State Game and Fish Commission with the approval of Commis-

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JOURNAL OF THE HOUSE,

sioner of the Department. The position of Director shall be included in the classified service. The Director of the Division shall be responsible for enforcing the environmental protection laws of Georgia, including those enumerated above and any others, which may be assigned to the Division.

Messrs. Carr of the 35th, Lewis of the 37th and Harrington of the 34th asked unanimous consent that their requests for veto be withdrawn.

The consent was granted and Section 1539 was approved.
Section 1540. Committee Created.
There is created a committee to be composed of three members. The Commissioner of Natural Resources and the Director of the Di vision of Environmental Protection shall be members of this committee. The third member of the committee shall be selected by the State Game and Fish Commission. The committee shall grant, deny, or revoke all permits required pursuant to those functions transferred to the Depart ment of Natural Resources in this Plan. Denial or revocation of a per mit may be appealed to the State Game and Fish Commission in ac cordance with the Georgia Administrative Procedure Act.

Mr. Egan of the 116th moved that Section 1540 be vetoed.

On the motion to veto, 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 Battle Bell Bennett, Tom Black Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray 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 Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib

Dean, N. Dent Dixon Dorminy Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham

TUESDAY, JANUARY 18, 1972

403

Greer Griffin Groover Gunter
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. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J.

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

Phillips, G. S. Pinkston Poole
Potts Rainey
Reaves Ross Rush Russell, A. B. Russell, W. B.
Salem Scarborough Shanahan
Shepherd Sherman Sims Smith, H. R.
Smith, J. R. Snow Stephens
Sweat Tolea Townsend
Triplett Tripp Turner
Vaughn Ware Wheeler, J. A. Whitmire Williams
Wilson Wood, R. E.

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Atherton Barfield Bennett, J. T.
Berry Blackshear
Bond Bowen Brown, B. D. Buck Burruss Collier Colwell

Dean, J. E. Drury Edwards Gaynor Hill, B. L. Lowrey Matthews, C. McDonald Miller
Oxford Pearce Phillips, L. L. Phillips, W. R.

Pickard Roach Russell, H. P.
Savage Smith, V. T.
Sorrells Strickland Thomason Thompson Wamble
Wheeler, Bobby Wood, J. T. Mr. Speaker

On the motion to veto, the ayes were 155, nays 0.

404

JOURNAL OP THE HOUSE,

The motion prevailed and Section 1540 was vetoed.

Section 1602. Board of Public Safety--Created.

There is created a Board of Public Safety which shall establish the general policy to be followed by the Department. The Board shall consist of nine members.

(1) The following three members serve ex-officio: the Governor, who shall be chairman of the Board; the Attorney General; and the official in charge of offender rehabilitation in the Department of Human Resources, created in Chapter 12 of this Plan.

(2) Three members shall be selected as follows:
(a) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Sheriffs' Association; the first representative shall serve an initial term ending on January 20, 1975, each subsequent term being three years;
(b) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Chiefs of Police; the first representative shall serve an initial term ending January 20, 1974, each subsequent term being three years;
(c) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the District Attorneys' Association of Georgia; the first representa tive shall serve an initial term ending on January 20, 1973, each subsequent term being three years.

(3) Within thirty days after its first meeting, the Board by ma jority vote shall appoint three members from the State at large; no person so appointed shall be an officer or employee of any State or local governmental entity at the time of his appointment to or during his membership on the Board. The Board shall designate the initial terms of the three at-large members for one, two, and three years respectively. Thereafter, all terms of all successors shall be three years.

Appointments made pursuant to subsection (2) at times when the Senate is not in session shall be effective ad interim.

Mr. Murphy of the 19th moved that Section 1602 be vetoed.

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

TUESDAY, JANUARY 18, 1972

405

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. H. Bray 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 Dailey Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy
Egan
Evans
Ezzard
Felton
Floyd, J. H.
Floyd, L. R.
Fraser
Gary
Geisinger
Gignilliat
Grahl

Granade Grantham Greer Griffin Groover Gunter 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. 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
Marcus
Mason
Matthews, D. R.
Mauldin
Maxwell
McCracken
McDaniell
Melton
Merritt

Miles Milford Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Patterson Patten Phillips, G. S. 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. Snow Stephens Sweat Thomason Toles Town send
Triplett
Tripp
Turner
Vaughn
Ware
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, R. E.

406

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Berry Blackshear Bowen Brantley, H. L. Brown, B. D. Buck Burruss Collier Colwell
Cook
Daugherty
Davis, E. T.
Dean, J. E.

Drury Edwards Farrar Gaynor Hill, B. L. Lambert Leggett Levitas Lowrey Matthews, C.
McDonald
Miller
Oxford
Pearce

Peters Phillips, L. L. Phillips, W. R. Pickard Roach Savage Sorrells Strickland Thompson Wamble
Wheeler, Bobby
Wood, J. T.
Mr. Speaker

On the motion to veto, the ayes were 154, nays 0.

The motion prevailed and Section 1602 was vetoed.
Section 1603. Commissioner of Public Safety--Created.
There is created the position of Commissioner of Public Safety. The Commissioner shall be the chief administrative officer and shall be both appointed and removed by the Board with the approval of the Governor. Except as otherwise provided by this Plan, and subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department by this Plan.

Mr. Murphy of the 19th asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 1603 was approved.
Section 1604. Department of Public Safety--Functions Transferred.
All of the functions of the Department of Public Safety, created in Ga. Laws 1937, p. 322, as amended (Ga. Code Ann. 92A-101 et seq.), and its units, except the policy-making functions transferred to the Board in Section 1613 of this Plan, are transferred to the Depart ment of Public Safety created in this Chapter. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Public Safety means the Department of Public Safety created in this Chapter.

TUESDAY, JANUARY 18, 1972

407

Mr. Groover of the 27th asked unanimous consent that this request for veto be withdrawn.

The consent was granted and Section 1604 was approved.
Section 1606. Additional Functions Transferred to Department.
The functions of the Georgia State Board of Pharmacy relating to investigation of criminal conduct pertaining to drugs under Ga, Laws 1967, pp. 296, 304, as amended (Ga. Code Ann. 79A-208 (f) et seq.), are transferred to the Department of Public Safety. Nothing in this Section shall affect the responsibilities of the State Board of Pharmacy relating to the investigation of the sale or dispensing of drugs or other articles which are subject to the Board's regulation under the laws of Georgia. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Pharmacy-relating to its criminal investigative functions means the Department of Public Safety.

Messrs. Groover of the 27th and Conger of the 68th moved that Section 1606 be vetoed.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Battle Bell Bennett, Tom Black Bohannon Bond
Brantley, H. H. Brantley, H, L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carr Carter Chance Chappell

Cheeks Clements Cole Collins, M. Coney, G. D. Coney, J. L. Conger Connell Cook D alley Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Egan Evans Ezzard Felton Floyd, J. H.
Floyd, L. R.

Fraser
Gary Geisinger Gignilliat Grahl Granade
Grantham Greer Griffin
Groover Gunter Ham-
Hamilton Harrington
Harris Harrison Hawes Hays Hill, G. Hood Horton Housley Howard
Hudson, C. M.

408
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. Lewis Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken

JOURNAL OF THE HOUSE,

McDainiell McDonald Melton Merritt
Miles Milford Moore Morgan
Moyer Mulherin Mullinax
Murphy Nessmith Noble Northcutt N*unn
Odom Patter son Patten Phillips, G. S. Pinkston Poole Pottsi Rainey Reaves Ross Rush Russell, A, B. Russell, H. P.

Salem Savage Shanahnn Shepherd Sherman Sims
Smith, H, R. Smith, J. R. Smith, V. T. Snow Stephen^ Strickland
Sweat Thomason Toles Townsend Triplet* Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson
Wood, J. T. Wood, R. E.

Those voting in the negative were Bennett, J. T. and Collins, S.

Those not voting were Messrs.:

Atherton Barfield Berry Blackshear Bostick Bowen Burruss Chandler Collier Colwell
Dean, J. E. Drury

Edwards Farrar
Gaynor Hill, B. L. Howell Lambert Leggett Levitas Lowrey Miller Oxford

Pearce Peters
Phillips, L. L. Phillips, W. R. Pickard
Roach Russell, W. B. Scarborough Sorrells Thompson
Mr. Speaker

On the motion to veto, the ayes were 159, nays 2. The motion prevailed and Section 1606 was vetoed.

TUESDAY, JANUARY 18, 1972

409

Section 1612.4. Functions Assigned to Division.

The criminal investigative functions transferred to the Department by Section 1606 of this Plan are assigned to the Division of Investigation.

Mr. Groover of the 27th moved that Section 1612.4 be vetoed.

On the motion to veto, 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 Battle Bell Bennett, J. T. Bennett, Tom Black Bohannon Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N.

Dent Dixon Dorminy Evans Ezzard Felton Floyd, J. H. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Hamilton 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. Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Murphy Nessmith Noble Northcutt Nunn Odom Patterson Patten

410
Peters Phillips, G. S. Pinkston Poole Potts Rainey Reaves Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage

JOURNAL OF THE HOUSE,

Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland
Sweat Thomason Toles

Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, G. D. Atherton Barfield Berry Blackshear Bond Bowen Burruss Chandler Collier Colwell Dean, J. E.

Drury Edwards Egan Farrar Floyd, L. R. Gaynor Harrington Lambert Leggett Levitas Miller Mullinax

Oxford Pearce Phillips, L. L. Phillips, W. R Pickard Roach Scarborough Sorrells Thompson Townsend Mr. Speaker

On the motion to veto, the ayes were 160, nays 0.

The motion prevailed and Section 1612.4 was vetoed.
Section 1701. Public Service Commission--Continued.
The Public Service Commission, created in Article IV, Section IV, Paragraph III of the Constitution, and its functions, except the per formance of safety inspections of motor vehicles transferred to the De partment of Public Safety in Section 1607 of this Plan, are continued. The Commission shall continue to be responsible for establishing in spection criteria for vehicles subject to its regulation.

Mr. Greer of the 95th moved that Section 1701 be vetoed.

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

TUESDAY, JANUARY 18, 1972

411

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Battle Bell Bennett, Tom Black Bohannon Bond
Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade

Grantham Greer Griffin Groover Gunter 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. 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 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 Patterson Patten Peters Phillips, G. S. 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, J. R. Smith, V. T. Snow Stephens Strickland Sweat Toles Townsend Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

412

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, G. D. Atherton Barfield Berry Blackshear Bowen Buck Burruss Chandler Collier Colwell

Davis, E. T. Dean, J. E. Drury Edwards Gaynor Hill, B. L. Lambert Leggett Levitas Oxford Pearce

Phillips, L. L. Phillips, W. R. Pickard Roach Sorrells Thomason Thompson Wamble Mr. Speaker

On the motion to veto, the ayes were 162, nays 2.

The motion prevailed and Section 1701 was vetoed.
Section 1901. Secretary of State--Continued.
The Secretary of State, provided for in Article V, Section II, Para graph I of the Constitution, and his functions are continued except those functions enumerated in Sections 1902 through 1904.
Mr. Groover of the 27th asked unanimous consent that his request for veto be withdrawn.
The consent was granted and Section 1901 was approved.
Section 1905. Georgia State Board of Pharmacy -- Continued; Assigned.
The Georgia State Board of Pharmacy, created in Ga. Laws 1967, p. 296, 302 (Ga. Code Ann. 79A-201), and its functions, except those functions transferred in Chapter 16 of this Plan, are continued. The Board is assigned to the Joint Secretary, State Examining Boards, for administrative purposes as prescribed in Section 105 of this Plan.
Mr. Smith of the 3rd asked unanimous consent that his request for veto be withdrawn.
The consent was granted and Section 1905 was approved.

TUESDAY, JANUARY 18, 1972

413

Section 2002. Georgia Higher Education Assistance Corporation-- Continued; Assigned.

The Georgia Higher Education Assistance Corporation, provided for in Article VII, Section I, Paragraph II of the Constitution, and its functions are continued. The Corporation is assigned to the State Scholarship Commission for administrative purposes only as prescribed in Section 105 of this Plan.

Mr. Brantley of the 52nd asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 2002 was approved.
Section 2202. Functions Transferred.
The functions relating to deposits by Domestic Life Insurers are transferred to the Comptroller General in Section 802 of this Plan.

Messrs. Smith of the 43rd, Busbee of the 61st, Murphy of the 19th and others moved that Section 2202 be vetoed.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Battle Bell Bennett, Tom Black Bohannon Bond Bostick Brantley, H. H. Brantley, H. L, Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Carr

Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon

Dorminy Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Hamilton

414
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. 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

JOURNAL OF THE HOUSE,

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
Patterson
Patten
Peters
Phillips, G. S.
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, J. R. Smith, V. T. Snow Stephens Strickland Sweat Toles Townsend Triplett Tripp Turner Vaughn Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those voting in the negative were Messrs. Bennett, J. T.

Those not voting were Messrs.:

Atherton Barfield Berry Blackshear Bo wen Buck Burruss Chandler Colwell

Conger Dean, J. E. Drury Edwards Gaynor Hill, B. L. Leggett Oxford Pearce

Phillips, L. L. Phillips, W. R. Pickard Roach Sorrells Thomason Thompson Wamble Mr. Speaker

TUESDAY, JANUARY 18, 1972

415

On the motion to veto, the ayes were 167, nays 1.

The motion prevailed and Section 2202 was vetoed.
Section 2205. Functions Transferred.
The functions relating to the distribution of State funds under the Minimum Foundation Program of Education Act are transferred to the Department of Education in Section 1004 of this Plan.
Mr. Isenberg of the 67th asked unanimous consent that his request for veto be withdrawn.
The consent was granted and Section 2205 was approved.
Section 2303. Ocean Science Center of the Atlantic Commission-- Functions Transferred.
The functions of the Ocean Science Center of the Atlantic Com mission, provided for in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. 43-1301), to establish and cause to be operated one or more marine resources extension centers and the Oceanographic Research Center are transferred to the Board of Regents of the University System of Georgia. Unless inconsistent with this Plan, any reference in Georgia Laws to the Ocean Science Center of the Atlantic Commission relating to the functions transferred to the Board of Regents of the University System in this Section means the Board of Regents of the University System of Georgia.

Mr. Murphy of the 19th asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 2303 was approved.
Section 2601. Classification of Positions.
The position of, or person occupying the position of, head of depart ment or division director of any agency created by the transfer of functions shall be in the unclassified service as defined in the Acts governing the State Merit System, except for the Director of the Per sonnel Division of the Department of Administrative Services, the of ficial of the Department of Human Resources in charge of Vocational Rehabilitation, and the Director of the Environmental Protection Divi sion of the Department of Natural Resources who shall be in the classified service. The position of head of department or division director of any agency created by the transfer of functions shall be new positions.

416

JOURNAL OF THE HOUSE,

The State Personnel Board shall adopt rules and regulations not incon sistent with this Plan to effectuate the transfer of positions and per sonnel and the classification of such positions.

Mr. Williams of the llth asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 2601 was approved.
Section 2602. Severability.
In the event any section, subsection, sentence, clause or phrase of this Plan shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, sub sections, sentences, clauses or phrases of this Plan, which shall remain of full force and effect, as if the sections, subsections, sentences, clauses or phrases so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have ratified and approved the remaining parts of this Plan even if it had known that part or parts hereof would be declared or adjudged invalid or unconstitutional.

Mr. Barfield of the 71st asked unanimous consent that his request for veto be withdrawn.

The consent was granted and Section 2602 was approved.

Mr. Groover of the 27th moved that the entire Reorganization Plan be vetoed.

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

Those voting in the affirmative were Messrs.:

Bennett, J. T. Brantley, H. L. Cheeks Cole Collins, M. Conger Floyd, J. H. Grahl

Groover Harrison Howard Lane, W. J. Larsen, W. W. Lewis Miles Milford

Murphy Nessmith Northcutt Ross Rush Russell, H. P. Salem Stephens

TUESDAY, JANUARY 18, 1972

417

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Clements Collier 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 Edwards Egan
Evans
Ezzard
Farrar
Felton
Floyd, L. R.
Fraser

Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Gunter Ham Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Le vitas Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin
Maxwell
McDaniell
McDonald
Melton
Merritt
Miller

Moore Morgan Moyer Mulherin Mullinax Noble Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves 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 Townsend Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

418

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Barfield Bowen Buck Dean, J. E. Drury

Griffin Johnson Leggett McCracken Oxford

Roach Smith, V. T. Mr. Speaker

On the motion, the ayes were 24, nays 158.

The motion was lost.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

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

WEDNESDAY, JANUARY 19, 1972

419

Representative Hall, Atlanta, Georgia Wednesday, January 19, 1972

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

The following prayer was offered by Dr. Jason Shirah, Pastor, St. Luke United Methodist Church, Columbus, Georgia:
Eternal God, our loving heavenly Father, we thank Thee for this day into which Thou hast brought us, for Thy providence which has been expressed toward us, and for the responsibilities to which Thou hast summoned us.
We pray Thy guidance upon those who comprise this body. Give them clear heads and good hearts. Grant unto them guidance in the fulfillment of their appointed tasks.
Bless, we beseech Thee, the Speaker of this House. Sustain him as the presiding officer of this House. Endow all Thy servants with hands which are inclined to helpful service and to the fulfillment of Thy will.
Grant that at the conclusion of this day those who have confronted the necessities of decision may affirm afresh that "nothing that is morally wrong can ever be politically right", and that "public affairs is a public trust." Enable all of us to be a part of the answer and not a part of the problem. In Thy Name. AMEN.

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

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

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of 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.

420

JOURNAL OF THE HOUSE,

3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1293. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act providing for confirma tion of sales under foreclosure proceedings on real estate, so as to provide that no sale of real estate under powers contained in deeds to secure debt shall be valid unless notice of intent to sell has been mailed by the grantee to the debtor by certified mail at least ten days prior to the date on which advertisement first appeared; and for other purposes.
Referred to the Committee on Judiciary.
HB 1294. By Mr. Dean of the 76th:
A Bill to be entitled an Act to amend Code Chapter 95-15, relating to the State Highway Department, so as to authorize the State Highway Department to provide an emergency telephone system along interstate and primary highways within the State; and for other purposes.
Referred to the Committee on Highways.
HB 1295. By Messrs. Matthews and Patten of the 63rd and Collins of the 62nd:
A Bill to be entitled an Act to amend Code Section 88-1205a, relating to the requirements of a bond for mass gatherings, so as to provide that no bond shall be required in an incorporated municipality or county owned area and commits itself to clean up the site upon which the gathering is to be held; and for other purposes.
Referred to the Committee on Agriculture.

HB 1296. By Messrs. Alexander of the 96th, Floyd of the 75th, Brown of the 110th, Granade of the 75th, Horton of the 95th, Bond of the lllth, Greer of the 95th, Larsen of the 113th, Thomason of the 77th and others:
A Bill to be entitled an Act to amend Code Chapter 84-14, relating to

WEDNESDAY, JANUARY 19, 1972

421

real estate brokers and salesmen, so as to increase the membership of the Georgia Real Estate Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs,

HB 1297. By Messrs. Savage of the 104th and Adams of the 100th:
A Bill to be entitled an Act to provide a presidential preference primary for Georgia; and for other purposes.
Referred to the Committee on State of Republic.

HB 1298. By Messrs. Alexander of the 96th, Floyd and Granade of the 75th, Brown of the 110th, Horton of the 95th, Bond of the lllth, Greer of the 95th, Thomason of the 77th and others:
A Bill to be entitled an Act to make it unlawful for any person, real estate agent or broker or agent to induce or attempt to induce any person to sell or rent his dwelling by the use of representation that a person of a particular race, religion or national origin is planning to rent or buy in the neighborhood; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1299. By Mr. King of the 86th:
A Bill to be entitled an Act to provide a standard time for the entire State of Georgia and all governmental agencies, governmental units and political subdivisions thereof; to provide that the State of Georgia shall be exempt from the provisions of the "Uniform Time Act of 1966", relating to the advancement of time during a certain period of the year; and for other purposes.
Referred to the Committee on Industry.

HR 560-1299. By Messrs. Rush and Sales of the 51st:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election of the members of the Board of Education of Toombs County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 561-1299. By Mr. Wood of the llth:
A Resolution compensating the Mansfield Oil Company of Gainesville, Georgia; and for other purposes.
Referred to the Committee on Appropriations.

422

JOURNAL OF THE HOUSE,

HR 562-1299. By Mr. Colwell of the 5th: A Resolution compensating Ernest T. Williams; and for other purposes.
Referred to the Committee on Appropriations.

HR 563-1299. By Mr. Chandler of the 34th:
A Resolution compensating Mrs. Colleen F. Farmer; and for other purposes.
Referred to the Committee on Appropriations.

HB 1300. By Mr. Chandler of the 34th:
A Bill to be entitled an Act to amend Code Chapter 91-1A, known as the State Properties Control Code, so as to authorize and empower the State Properties Control Commission to grant on behalf of the State without public bid and in its sole discretion revocable license agree ments to any person or legal entity doing business in the State to cross any property under the control of the State Properties Control Com mission; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1301. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A Bill to be entitled an Act to amend an Act empowering the City of Albany to furnish aid and relief and to grant pensions to employees of said City, so as to change the provisions respecting the employ ment of agents, employees and experts by the Board of Trustees and the City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1302. By Messrs. Busbee, Hutchinson and Lee of the 61st:
A Bill to be entitled an Act to amend an Act establishing the City Court of Albany, in and for the County of Dougherty, so as to create the office of Judge emeritus; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1303. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to redefine the term "child" as used in said Code Title; to change the provisions relative to juvenile courts acting as courts of inquiry; and for other purposes.
Referred to the Committee on Special Judiciary.

WEDNESDAY, JANUARY 19, 1972

423

HB 1304. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act known as the "Retail In stallment and Home Solicitation Sales Act", so as to change certain provisions relative to the right to cancel home solicitation sale agree ments if said agreement has been unsatisfactory and is unsuitable for resale by the seller; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1305. By Messrs. Pickard, Buck and Pearce of the 84th, Carr of the 35th, Dorminy of the 48th, Odom of the 61st, Phillips of the 50th, Black of the 45th and Dailey of the 53rd:
A Bill to be entitled an Act to provide for the purchase of real property by municipalities or counties at a price equal to the appraised value by the municipal or county tax assessors under certain circumstances; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1306. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to provide for the appointment of the county school superintendent of Peach County by the board of educa tion; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1307. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act amending, revising and consolidating the several acts granting corporate authority to the Town of Fort Valley, so as to provide that the Utilities Commission shall turn over for the use by the City 10% of the annual gross receipts of the Utilities Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 564-1307. By Mr. Adams of the 9th:
A Resolution compensating Mrs. Agnes H. Green; and for other pur poses.
Referred to the Committee on Appropriations.

HR 565-1307. By Mr. Adams of the 9th:
A Resolution compensating Mr. Robert Lee Cochran, Sr.; and for other purposes.
Referred to the Committee on Appropriations.

424

JOURNAL OF THE HOUSE,

HR 566-1307. By Mr. Adams of the 9th: A Resolution compensating Mr. A. G. Lipham; and for other purposes.
Referred to the Committee on Appropriations.

HB 1308. By Messrs. Gaynor of the 88th, Snow of the 1st and Roach of the 10th:
A Bill to be entitled an Act to amend Code Title 22, relating to cor porations, so as to change certain terminology, definitions and ref erences; and for other purposes.
Referred to the Committee on Judiciary.

HB 1309. By Messrs. Brown of the 81st and Hawes of the 95th:
A Bill to be entitled an Act to amend Code Section 73-221 so as to pro vide for annual registration fees for pumps and tank trucks; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1310. By Mr. Russell of the 14th:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Barrow County into the office of Tax Commis sioner of Barrow County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1311. By Mr. Vaughn of the 74th:

i

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 revision of fees for mobile homes, modular homes, sectional houses, off-the-road equipment, timber, structural members and poles and pilings over 75' long; and for other purposes.

Referred to the Committee on Ways and Means.

HB 1312. By Messrs. Matthews of the 63rd, Collins of the 62nd, Nessmith of the 44th, Lane of the 44th, Brantley of the 52nd, Bowen of the 47th, Bostick of the 63rd, Carter of the 64th, and others:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to exempt from the provisions thereof, and rules and regulations issued pursuant thereto, certain agricultural practices, procedures and processes and certain agricultural processing facilities; and for other purposes.
Referred to the Committee on Agriculture.

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425

HB 1313. By Messrs. Busbee of the 61st and Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating an Employees' Suggestion and Awards Board, so as to authorize the Board to grant additional compensation to employees selected to receive awards; and for other purposes.
Referred to the Committee on Rules.

HB 1314. By Messrs. Dailey of the 53rd, Rush of the 51st, Black of the 45th, Harrison of the 58th, Jones of the 87th and Potts of the 30th:
A Bill to be entitled an Act to provide minimum standards for deten tion facilities within this State; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1315. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to create the Printing and Copying Board to regulate, direct and control the printing and copying operations of the various departments and agencies of State Government; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1316. By Mr. Murphy of the 19th: A Bill to be entitled an Act to amend the "Statewide Probation Act", so as to change the provisions relative to qualifications of circuit probation officers; and for other purposes.
Referred to the Committee on Judiciary.
HB 1317. By Mr. Murphy of the 19th: A Bill to be entitled an Act to authorize and direct the State Treasurer to open and maintain an office in the Treasury Department to cash personal and payroll checks of members of the General Assembly, State officers and employees; to authorize the use of State funds to cash such checks; and for other purposes.
Referred to the Committee on State of Republic.
HB 1318. By Mr. Murphy of the 19th: A Bill to be entitled an Act to amend Code Chapter 24-27, relating to clerks of the superior courts, so as to remove the provisions relating to preparation of maps and surveys; and for other purposes.
Referred to the Committee on Judiciary.

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HB 1319. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to authorize any financial institution con tracting with a person for the use of a safety deposit box to permit any individual named in an order granted by the ordinary in which the financial institution is located to open and examine the contents of such box leased by any deceased or legally incompetent person; and for other purposes.
Referred to the Committee on Banks and Banking.

HR 567-1319. By Mr. Lane of the 101st: A Resolution compensating Mr. L. C. Brock; and for other purposes.
Referred to the Committee on Appropriations.
HB 1320. By Messrs. Buck of the 84th, Smith of the 43rd, Sorrells of the 24th and Greer of the 95th: A Bill to be entitled an Act to provide for the compensation and allow ances of certain State officials; and for other purposes.
Referred to the Committee on Retirement.
HB 1321. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lee of the 21st, McCracken of the 36th and others: A Bill to be entitled an Act to provide for the compensation and allow ances of certain State officials; and for other purposes.
Referred to the Committee on Retirement.
HB 1322. By Messrs. Bennett of the 81st, Miller of the 83rd, Pinkston, Brown and Scarborough of the 81st and Coney of the 82nd: A Bill to be entitled an Act to amend an Act reenacting the Charter of the City of Macon, so as to change the provisions relating to disa bility retirement dates; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1323. By Mr. Larsen of the 113th:
A Bill to be entitled an Act to provide for the creation of a Georgia Scenic Trails System; and for other purposes.
Referred to the Committee on Natural Resources.

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427

HE 568-1323. By Mr. Wilson of the 117th:
A Resolution compensating Mrs. Lorene E. Hale; and for other pur poses.
Referred to the Committee on Appropriations.

HB 1324. By Messrs. Rainey of the 47th, Grahl of the 40th, Peters of the 2nd, Housley of the 117th, Hays of the 1st and Hudson of the 48th:
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 clarify the provisions relative to hunting licenses; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1325. By Messrs. Rainey of the 47th, Grahl of the 40th, Peters of the 2nd, Housley of the 117th, Hays of the 1st and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising, superseding and consolidating the laws of this State rela tive to the State Game and Fish Commission, so as to provide for a temporary non-resident trout stamp; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1326. By Messrs. Buck of the 84th and Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to change the provisions relative to service allowable in computing years service as a judge of the superior court; and for other purposes.
Referred to the Committee on Retirement.

HB 1327. By Messrs. Fraser of the 59th, Isenberg of the 67th, Harrison of the 58th and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to repeal the provisions of said Act relating to declaring certain boats and accessory equipment to be con traband and forfeited to the State; and for other purposes.
Referred to the Commission on Game and Fish.

HB 1328. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide a board of commissioners for the County of Elbert", so as to

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change the compensation of the chairman of said board of commis sioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1329. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend Code Section 84-1110, relating to the refusal and revocation of certificates of registration by the Board of Examiners in Optometry, so as to change the provision relative to unprofessional conduct; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 1330. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and the ordinary of Elbert County upon an annual salary, so as to change the compensation of the clerk of the superior court and the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1331. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff of Elbert County from the fee system to the salary sys tem, 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 1332. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide a board of commissioners for the County of Elbert", so as to pro vide for the powers and duties of the Chairman of the Board of Commis sioners of Elbert County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1333. By Mr. Adams of the 9th, Marcus of the 105th, Russell of the 77th, Miller of the 83rd, Colwell of the 5th, Larsen of the 113th and others:
A Bill to be entitled an Act to amend an Act making provisions for coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Security Act, so as to provide for the transfer of

WEDNESDAY, JANUARY 19, 1972

429

the balance of the contribution fund to the General Fund; and for other purposes.
Referred to the Committee on Retirement.

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

HB 1335. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit; to provide for the powers, duties and responsibilities of the District Attorney's investigators; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1336. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing an Em ployees' Retirement System, so as to authorize the transfer of funds into the Pension Accumulation Fund and to limit the obligations re sulting therefrom; and for other purposes.
Referred to the Committee on Retirement.

HB 1337. By Mr. Buck of the 84th: A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to provide the circum stances under which a judge of the superior courts, may reenter the private practice of law without affecting his rights under said Act; and for other purposes.
Referred to the Committee on Retirement.
HB 1338. 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 provide credit for cer tain service under certain conditions; and for other purposes.
Referred to the Committee on Retirement.
HB 1339. By Mr. Buck of the 84th: A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System, so as to clarify method for allowing credit for active duty service in the Armed Forces; and for other purposes.
Referred to the Committee on Retirement.

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JOURNAL OF THE HOUSE,

HB 1340. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act providing for coverage of certain officers and employees of the State and its political sub divisions under Social Security, so as to transfer funds from the Con tribution Fund to the Pension Accumulation Fund of the Employees' Retirement System of Georgia; and for other purposes.
Referred to the Committee on Retirement.

HB 1341. By Messrs. Matthews of the 63rd, Collins of the 62nd and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act providing for forest fire protection, so as to change the provisions relative to funds and agree ments of counties for forest fire protection; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1342. By Messrs. Knight and Mullinax of the 30th and Bray of the 31st: A Bill to be entitled an Act to amend an Act creating the office of District Attorney Emeritus and the District Attorney's Retirement Fund of Georgia, so as to change the residence requirements of Dis trict Attorneys Emeritus; and for other purposes.
Referred to the Committee on Retirement.
HB 1343. By Messrs. Dean of the 19th, Coney of the 118th, Adams of the 9th and Lowrey of the 9th: A Bill to be entitled an Act to amend an Act providing revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to increase pension benefits; and for other purposes.
Referred to the Committee on Retirement.

HB 1351. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish pensions to officers and employees of such cities, and for other purposes, so as to change the definition of "monthly earnings", as used in computing benefits, as amended, from the aver age of the highest 5 years' salary to the average of the highest 3. years' salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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431

HB 1352. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act relating to pensions for members of the police department in certain cities, so as to change the definition of "monthly earnings"; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1353. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid Fire Departments in certain cities, so as to change the definition of "monthly earnings"; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1358. By Mr. Parrar of the 77th:
A Bill to be entitled an Act to provide a method of payment to superior court judges emeritus who are requested to serve in certain counties; to provide the method of making such payments by the governing au thorities of such counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1359. By Mr. Farrar of the 77th: A bill to be entitled an Act to provide for a supplement to the com pensation, expenses and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit; 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 were read the second time:
HB 1249. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to amend an Act creating a new Board of Education of Gordon County, so as to change the method of electing members of the Board of Education of Gordon County; and for other purposes.
HB 1250. By Messrs. Reaves, Barfield and Bennett of the 71st: A Bill to be entitled an Act to amend an Act establishing the Em-

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JOURNAL OF THE HOUSE,

ployees' Retirement System, so as to provide that any member who was an employee of the State as reflected in the Auditor's Report for the Fiscal Year ending June 30, 1969, who was a member of the General Assembly between January 1, 1954 and January 1, 1967, may receive membership credit; and for other purposes.

HB 1251. By Messrs. Strickland of the 56th, Wheeler of the 57th and Leggett of the 67th:
A Bill to be entitled an Act to provide minimum compensation for peace officers; to provide for qualifications; and for other purposes.

HB 1252. By Messrs. Strickland of the 56th, Wheeler of the 57th, and Leggett of the 67th:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to provide that pardons and paroles shall not be granted to certain persons; and for other purposes.

HB 1253. By Messrs. Hays, Clements and Snow of the 1st, 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.

HB 1254. By Mr. Reaves of the 71st:

A Bill to be entitled an Act to amend an Act establishing the Teacher's

Retirement System, so as to change the provisions relative to prior

service; and for other purposes.

x

HB 1255. By Messrs. Hutchinson of the 61st, Wheeler of the 57th, Knowles of the 22nd, Phillips of the 38th, Housley of the 117th, Wamble of the 69th and Chance of the 44th:
A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for Public School Teachers of the State of Georgia; and for other purposes.

HB 1256. By Messrs. Miles, Cheeks and Mulherin of the 78th, Connell and Dent of the 79th, Smith and Sherman of the 80th: A Bill to be entitled an Act to create the Pine Hill Water and Sewerage Authority in Richmond County; and for other purposes.
HR 549-1256. By Mr. Wheeler of the 57th: A Resolution proposing an amendment to the Constitution so as to au-

WEDNESDAY, JANUARY 19, 1972

433

thorize and empower the Board of Commissioners of Pierce County to license and regulate businesses in the unincorporated areas of Pierce County; and for other purposes.

HB 1257. By Messrs. Colwell of the 5th, Lane of the 44th, McDonald of the 15th and Wamble of the 69th:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to allow creditable service credits to those State employees who left a State agency and returned to the State agency after releases from the U. S. Government prior to September 2, 1947; and for other purposes.

HB 1258. 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 of the Department of Public Safety; and for other purposes.

HB 1259. 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 place the license examiners and radio oper ators of the Department under the Merit System; and for other purposes.

HB 1260. By Messrs. Scarborough of the 81st, Miller of the 83rd, Coney of the 82nd, Pinkston, Bennett and Evans of the 81st:
A Bill to be entitled an Act to amend an Act reenacting the charter of the City of Macon, so as to change the provisions relating to the disability of the Macon Fire and Police Department Employees' Retire ment System; and for other purposes.

HB 1261. By Messrs. Davis and King of the 86th, Berry and Thompson of the 85th, Pearce, Buck and Pickard of the 84th:
A Bill to be entitled an Act to amend the Charter of Columbus, a con solidated city-county government; defining a method for allowing a reasonable estimate of cash revenues budgeted to be made for delin quent taxes and other uncollectibles; and for other purposes.

HB 1262. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Teach ers' Retirement System, so as to change the provisions relative to the definition of a teacher; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1263. By Messrs. Buck and Pearce of the 84th, Thompson and Berry of the 85th, Davis and King of the 86th:
A Bill to be entitled an Act to amend the Charter of Columbus, a con solidated city-county government, this amendment establishing qualifi cations of Councilmen and providing that Councilmen shall be at least 21 years of age; and for other purposes.

HB 1264. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act providing for pensions for members of Police Departments in certain cities (population of 150,000 or more), so as to provide additional pension benefits; and for other purposes.

HR 550-1264. By Mr. Strickland of the 56th:
A Resolution compensating Mr. Roger H, Fussell; and for other pur poses.

HR 551-1264. By Mr. Strickland of the 56th:
A Resolution compensating Mr. Curtis Lee Hamilton; and for other purposes.

HR 552-1264. By Mr. Rush of the 51st:
A Resolution authorizing and directing the State Highway Department to designate a bridge in Long County as the Ivy Melvin Hendrix, Jr., Bridge; and for other purposes.

HR 553-1264. By Mr. Rush of the 51st: A Resolution to compensate Tattnall County; and for other purposes.

HB 1265. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to provide that nothing in said 1971 Act shall change the present definition of "minor child" from 21 years of age; and for other purposes.

HB 1266. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, so

WEDNESDAY, JANUARY 19, 1972

435

as to provide for an increase of retirement or pension benefits for cer tain retired persons under certain circumstances; and for other purposes.

HB 1267. By Mr. Greer or the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to define further the pension benefits which may be preserved by postponement of the date for commencement of such benefits; and for other purposes.
HB 1268. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education of Fulton County, during teacher's or employee's active service; and for other purposes.

HB 1269. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to provide that the designation of an employee's beneficiary may be made at any time during teacher's or employee's active service; and for other purposes..

HB 1270. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teachers and employees of the Board of Education, so as to provide that a teacher may be entitled to prior service credit for teaching in an accredited private school under certain circumstances; and for other purposes.

HB 1271. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the City of Hapeville", so as to provide for the deletion of an error in said 1971 amendatory Act; and for other purposes.

HB 1272. By Mr. Lane of the 101st:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the City of Hapeville", so as to provide for a change in the qualifications of members of the Pension and Retirement System Board; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1273. By Messrs. Larsen of the 113th and Thomason of the 77th:
A Bill to be entitled an Act to amend Code Title 30, relating to divorce and alimony, so as to completely and exhaustively revise, amend and supersede the laws of this State relating to divorce, alimony and sup port of minors; and for other purposes.

HE 554-1273. By Messrs. Lane of the 101st and Adams of the 100th:
A Resolution proposing an amendment to the Constitution so as to provide a homestead exemption of $10,000 from all Fulton County ad valorem taxes, except for school district, purposes, for residents of Fulton County who are 65 years of age or over or disabled who have an income not exceeding $6,000 for the preceding taxable year; and for other purposes.

HR 555-1273. By Mr. Savage of the 104th:
A Resolution proposing an amendment to the Constitution so as to abolish the office of Lieutenant Governor; to provide for the succession to executive power; and for other purposes.

HB 1274. By Messrs. Lambert of the 25th, Buck of the 84th, Brantley of the 52nd, Groover of the 27th, Collins of the 62nd, Coney of the 118th and others:
A Bill to be entitled an Act to provide for the orderly furnishing of retail electric service to the consumers of the State of Georgia on a territorial basis; This Act shall be known as the "Georgia Territorial Electric Service Act"; and for other purposes.

HB 1275. By Messrs. Bennett of the 71st, Lambert of the 25th, Dean of the 13th, Conger of the 68th, Snow of the 1st, Gunter of the 6th, Murphy of the 19th and Morgan of the 23rd:
A Bill to be entitled an Act to amend Code Chapter 27-19, relating to demand for trial, so as to require the district attorney, before each term of court, to publish a calendar of all cases to be tried at such time; and for other purposes.

HB 1276. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to provide the circumstances under which certain contracts entered into by State agencies shall become binding; and for other purposes.

HB 1277. By Mr. Matthews of the 16th: A Bill to be entitled an Act to amend Code Chapter 26-26, relating to

WEDNESDAY, JANUARY 19, 1972

437

disorderly conduct and related offenses, so as to provide that certain persons who enter upon the campus or other facilities of any unit of the University of Georgia appearing to interfere with the peaceful conduct of such facility shall be guilty of a misdemeanor, if he refuses to leave when directed to do so by proper authority; and for other
purposes.

HB 1278. By Messrs. Black of the 45th, Lowrey of the 9th, Matthews of the 63rd, Reaves of the 71st, Geisinger of the 72nd, Farrar of the 77th, and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act regulating the sale, in spection, importation and distribution of fluid milk and milk products, so as to provide that raw certified milk and milk products meeting qualifications of milk commissions may be sold for manufacturing purposes as long as they are properly labeled; and for other purposes.

HR 556-1278. By Mr. Dailey of the 53rd:
A Resolution compensating the Propane Gas Company, Inc., of Cuthbert, Georgia; and for other purposes.

HB 1279. By Mr. Rush of the 51st:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to allow any member to retire after acquiring 20 years of active full-time service with the State; and for other purposes.

HB 1280. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend the Act approved August 20, 1927, providing that cities having a population of more than 150,000 shall furnish pensions to officers and employees of such cities and for such other purposes set forth in the caption of said Act and the several amendatory Acts of said Act, so as to give teachers the right to pay into the pension fund; and for other purposes.

HB 1281. By Messrs. Bennett of the 71st, Carter of the 64th, Bostick of the 63rd, Barfield of the 71st, Gary of the 21st, Leggett of the 67th, Bohannon of the 20th, Wheeler of the 57th and others:
A Bill to be entitled an Act to amend Code Chapter 92-69, relating to the county boards of tax assessors, so as to provide that a county may elect to have its board of tax assessors elected; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1282. By Mr. Connell of the 79th:
A Bill to be entitled an Act to provide the procedure whereby a Judge of the State Court of any county shall be eligible to become a Judge Emeritus of such Court; and for other purposes.

HB 1283. By Messrs. Mullinax and Knight of the 30th, McDonald of the 15th, Potts of the 30th, Bray of the 31st, Longino of the 98th and others:
A Bill to be entitled an Act to amend Code Section 34-604, relating to the appointment of deputy registrars, so as to provide that certain municipal officials shall be a deputy to the board of registrars; and for other purposes.

HB 1284. By Messrs, Lambert of the 25th, Thompson of the 85th, Bell of the 73rd, Carr of the 35th, Pickard of the 84th and Roach of the 10th:
A Bill to be entitled an Act to provide for hearing officers for the Public Service Commission; and for other purposes.

HB 1285. By Messrs. Thomason of the 77th, Mullinax of the 30th, Fraser of the 59th, Evans of the 81st and Melton of the 32nd:
A Bill to be entitled an Act to provide that all meetings of any state department, agency, board, bureau, commission or political subdivision and the governing authority shall be open to the public at all times; and for other purposes.

HB 1286. By Messrs. Jones of the 87th, Alien of the 92nd, Blackshear of the 91st, Triplett of the 93rd, Battle of the 90th, Gignilliat of the 89th and Gaynor of the 88th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for the teachers in State Public Schools and other State Sup ported schools, so as to provide for the establishment by certain teach ers of full creditable service for years of service under certain local systems; and for other purposes.

HB 1287. By Messrs. Isenberg and Leggett of the 67th, Bohannon of the 20th, Bennett of the 71st, Odom of the 61st, Patterson of the 20th, Dailey of the 53rd and Drury of the 66th:
A Bill to be entitled an Act to provide that certain monies paid or de posited as security shall be placed in escrow or trust and shall bear interest; and for other purposes.

HB 1288. By Mr. Burruss of the 117th: A Bill to be entitled an Act to provide for the compensation and ex-

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439

penses of the Commissioner of the Department of Administrative Services, Commissioner of the Department of Financial Regulations, Commissioners of the Department of Human Resources, Natural Re sources, Public Safety, and Transportation; and for other purposes.

HR 557-1288. By Mr. Pickard of the 84th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the exemption from all ad valorem taxation all tangible personal property in transit through this State and all tangible personal property manufactured, processed, or refined in this State and stored for shipment outside the State; and for other purposes.

HR 558-1288. By Messrs. Felton of the 95th, Roach of the 10th and Snow of the 1st:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the jurisdiction of the Supreme Court and the jurisdiction of judges of the Court of Appeals; and for other purposes.

HB 1289. By Messrs. Greer and Horton of the 95th, Mrs. Hamilton of the 112th, Messrs. Larsen of the 113th and Hawes of the 95th:
A Bill to be entitled an Act to create the "Chattahoochee River Re sources Board"; and for other purposes.

HR 559-1289. By Mr. Eraser of the 59th: A Resolution compensating Mr. John O. Home; and for other purposes.

HB 1290. By Mr. Noble of the 73rd:
A Bill to be entitled an Act to provide for automobile insurance cover age; to provide for basic economic loss coverage and catastrophe loss coverage; and for other purposes.
HB 1291. By Mr. Noble of the 73rd:
A Bill to be entitled an Act to amend Code Section 26-2802, relating to cruelty to animals so as to prohibit the sale or distribution of artificially colored baby chicks, other fowl or turtles as pets or novelties; and for other purposes.

HB 1292. By Mr. Noble of the 73rd: A Bill to be entitled an Act to amend an Act completely and exhaustive-

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JOURNAL OF THE HOUSE,

ly revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to change the provisions relating to wildlife exhibits; and for other purposes.

Mr. Levitas of the 77th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1226. Do Pass. HB 1233. Do Pass. HB 1235. Do Pass.
Respectfully submitted, Levitas of the 77th, Chairman.

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

HB 1226. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to provide for the election of the members of the Treutien 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 100, nays 0.

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

HB 1233. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens", so as to provide that the election of the benefits under Section 6 (b) shall be irrevocable unless said par ticipant thereof shall make an election of benefit within 60 days after approval of this Act by the Governor; and for other purposes.

WEDNESDAY, JANUARY 19, 1972

441

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

On the passage of the Bill, the ayes were 100, nays 0.

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

HB 1235. By Mr. Phillips of the 50th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Treutlen County, so as to provide for the election of the members of the Board of Commissioners of Treutlen 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 100, nays 0.

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

HR 531-1205. By Messrs. Jordan of the 74th, Davis of the 75th, Farrar of the 77th, Collins of the 72nd, Bell of the 73rd and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and direct the governing authority of DeKalb County to pay to the Board of Education of DeKalb County fifty percent of the total revenue realized by said County from the sale of malt beverages and wines therein; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section IV of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of DeKalb County is hereby au thorized and directed to pay to the Board of Education of DeKalb County, on a quarterly basis, fifty percent of the total revenue realized by said County from the sale of malt beverages and wines

442

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within said County, such funds to be used by said Board of Edu cation for educational purposes. "

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize and direct the governing authority of DeKalb County
NO ( ) to pay to the Board of Education of DeKalb County fifty percent of the total revenue realized by said County from the sale of malt beverages and wines therein?"

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 theResolution, was agreed to.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien
Atherton Battle Bell
Bennett, Tom Berry Black Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L.

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

Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell
Cook Dailey Daugherty
Davis, E. T. Davis, W. Dean, Gib Dean, N. Denti Dixon Dorminy Edwards

Ezzard Farrar Felton Floyd, J. H, Floyd, L. E.
Fraser Gary Gaynor Geisinger Gignilliat Grab! Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harrisoni Hays Hill, B. L. Hood Hortan Housley Howard Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger

WEDNESDAY, JANUARY 19, 1972

443

Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggetb Lewis
Logan Longino
Lowrey Marcus Mason Matthews, C. Matthews, D. R, Mauldin McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinaix
Noble Northcutt Nunn Odom, Patterson Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pinkston

Poole Potts Rainey Reaves Roach Rosa Rush Russell, A. B. Russell, H. P. Salem Shanahan Shepherd S'herman
Sims Smith, H. R. Smith, J. R.
Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thompson
Toles Triplet*
Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Voting in the negative was Bostick.

Those not voting were Messrs.:

Barfield Bennett, J. T. Bo wen Dean, J. E. Drury Egan Evans Hamilton Harris Hawes Hill, G.

Howell
Hudson, C. M. Johnson
Lane, W. J. Levitas Maxwell McCracken Merritt Murphy Nessmith

Oxford Phillips, L. L.
Pickard Russell, W. B. Savage Scarborough Thomason Townsend Mr. Speaker

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On the adoption of the Resolution, the ayes were 164, nays 1.

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

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education and referred to the Committee on Retirement:
HB 1141. By Messrs. Toles, Lowrey and Adams of the 9th: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the definition of the term "teacher"; to provide that clerical personnel employed by regional county libraries may become members of said Retirement System; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education and referred to the Committee on Retirement:
HB 1182. By Messrs. Farrar of the 77th and Buck of the 84th: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions relative to termination of membership; and for other purposes.
By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education and referred to the Committee on Retirement:
HB 1183. By Messrs. Farrar of the 77th and Buck of the 84th: A Bill to be entitled an Act to amend an Act establishing the Teacher's Retirement System, as amended, so as to change the provisions relative to receiving creditable service for service rendered in a local system prior to membership; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Education and referred to the Committee on Retirement:

HB 1184. By Messrs. Farrar of the 77th, Buck of the 84th, Mason of the 13th, Dean of the 19th, Coney of the 118th and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions rela-

WEDNESDAY, JANUARY 19, 1972

445

tive to service retirement benefits, allowance on service retirement and disability retirement allowance; and for other purposes.

Mr. Williams of the llth moved that the following Bill of the House be re moved from the General Calendar and recommitted to the Committee on Motor Vehicles for further study:

HB 59. By Messrs. Williams of the llth and Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety, so as to provide that the Director of the Department of Public Safety shall formulate and prescribe the rules and regula tions under which licenses to operate motor vehicles within this State shall be granted, suspended, revoked or cancelled; and for other pur poses.

The motion prevailed.

Mr. Grahl of the 40th moved that the following Bill of the House be re moved from the General Calendar and recommitted to the Committee on Motor Vehicles for further study:

HB 663. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend Code Section 68-214, relating to five-year license plates, so as to require that Georgia License Plates shall continue the words "Peach State"; and for other purposes.

The motion prevailed.

The Speaker Pro Tern assumed the Chair.

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

HB 1177. By Messrs. Wheeler of the 57th, Collins of the 62nd, Reaves of the 71st, Grantham of the 55th and others:
A Bill to be entitled an Act to amend an Act, relating to the sale of flue-cured leaf tobacco in this State, as amended, so as to authorize the Commissioner of Agriculture to promulgate regulations prescribing physical standards for leaf tobacco warehouses; and for other purposes.

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

On the passage of the Bill, the ayes were 102, nays 0.

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

HB 1142. By Messrs. Snow and Clements of the 1st and Dean of the 13th:
A Bill to be entitled an Act to amend Code Section 20-506, relating to attorney's fees upon any note or other evidence of indebtedness, so as to provide there shall be a conclusive presumption that notice was re ceived more than 10 days prior to the sale date or a letter properly addressed to the address of the property at least 15 days prior to the date of sales; and for other purposes.

The following Committee amendment was read and adopted.
The Committee on Judiciary moves to amend HB 1142 Section 20506 (c) on line 4 by adding after the word "writing" the words "by certified mail".
And on line 23 after the word "mailed" adding the words "by cer tified mail" and before the word "at".

The following amendment was read and adopted:
Mr. Snow of the 1st moves to amend HB 1142 by striking on Lines 20 and 21 page 2 the words "to the address of the property or".

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 111, nays 7.

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

HR 118-283. By Mr. Gunter of the 6th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the qualifications for service as grand jurors and traverse jurors; to pro-

WEDNESDAY, JANUARY 19, 1972

447

vide that there shall be but one jury box for each 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 VI, Section XVI of the Constitution of Georgia is hereby amended by striking Paragraph II in its entirety and in serting in lieu thereof a new Paragraph II, to read as follows:

"Paragraph II. Selection of Jurors. The General Assembly shall provide by law for the selection of a representative cross sec tion of the citizens of each county to serve as grand jurors and traverse jurors. There shall be but one jury box for each county from which all jurors, both grand jurors and traverse jurors, for all courts within the county shall be drawn."

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 change the qualifications for grand jurors and traverse jurors,
NO ( ) and to provide that there shall be but one jury box for each county?"

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

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

The following amendment was read and adopted:
Mr. Egan of the 116th moves to amend HR 118-283 as follows:
by striking from the title the words "to provide that there shall be but one jury box for each county";
by striking the words "of each county" on lines 14 and 15;
by striking lines 16, 17 and 18 and substituting in lieu thereof the words, "Both grand jurors and traverse jurors shall be drawn from the same box";

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and by striking lines 1 and 2 on page 2 and substituting in lieu thereof the words "All jurors, grand and traverse shall be drawn from the same box."

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

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

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Barfield Battle Blackshear Bohannon Bond Bostick Boweni Brown, B. D. Brown, C. Burruss Busbee Chance Chappell Collins, S. Colwell Coney, J. L. Connell Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Dixora Edwards Egan Ezzard Farrar Floyd, L. R.

Gayno'r Gignilliat Grahl Granade Guntjer Hawes Hill, B. L. Hood Horton Housley Hudson, C. M. Hutehinsoni Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Knight Kreeger Lane, Dick Lee, W. S. Leggett Levitas Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McDonald Melton

Those voting in the negative were Messrs.:

Atherton Bennett, J. T.

Bennett, Tom Black

Merritt Milford Miller Moore Mulherin: Odom Pattenson Patten Phillips, G. S. Phillips, W. R. Pbole Potts Roach Rush Russell, A. B. Russell, W. B. Salem Scarborough Shepherd Sims Smith, H. R. Smith, V. T. Snow Sorrells Sweat Thomason Toles Tripp Turner Wamble Wheeler, Bobby Wheeler, J. A.
Brantley, H. L. Brown, S. P.

WEDNESDAY, JANUARY 19, 1972

449

Carr Carter Cheeks Clements Collins, M. Coney, G. D. Conger Dailey Davis, W. Dorminy Evans Floyd, J. H. Praser Geisinger Grantham Griffin Groover Hani Harrington

Harris Harrisoni Hudson, Ted Keyton Knowles Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Longino Marcus McCracken McDaniell Miles Moyer Mullinax Nes smith Northcutt

Nunn Oxford Peters Phillips, L. L. Pinkston Rainey Reaves Ross Russell, H. P. Shanahan Sherman Stephens Townsend Vaughni Ware Whitmire Williams Wilson Wood, J. T.

Those not voting were Messrs.:

Adams, G. D. Alien Bell Berry Brantley, H. H. Bray Buck Chandler Cole Collier Cook Drury

Felton Gary Greer Hamilton Hays Hill, G. Howard Howell King Lewis Maxwell Morgan

Murphy Noble Pearce Pickard Savage Smith, J. R. Strickland Thompson Triplett Wood, R, E. Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 97, nays 63.

The Resolution as amended, having failed to receive the requisite two-thirds constitutional majority, was lost.

Mr. Gunter of the 6th served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite two-thirds con stitutional majority to HR 118-283.

HB 1104. By Mr. Groover of the 27th:
A Bill to be entitled an Act to amend Code Section 27-2505, as amended, which section relates to the time from which sentences in criminal

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cases shall run, so as to provide that a judge shall compute a sentence from a date prior to the date of sentence; and for other purposes.

The following amendment was read and adopted:
Mr. Larsen of the 42nd moves to amend HB 1104 by striking all but the first word of line 1, page 2; by striking the first word of line 2, page 2; by striking the last 5 words of line 2, page 2, and by inserting in lieu thereof the words "any such incarceration for that offense"; by striking all of lines 3 and 4 of page 2 and by striking the first 5 words of line 5, page 2.

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

On the passage of the Bill, as amended, the ayes were 109, nays 0.

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

HB 761. By Mr. Jones of the 87th:
A Bill to be entitled an Act to authorize and direct the Director of the Department of Public Safety to provide for the creation of an official State identification card, to contain a photograph, which shall be issued through the Driver's License Division of the Department of Public Safety; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alexander, W. H. Atherton Battle Bell Bennett, J. T. Bennett, Tom

Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H,

Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Burruss Busbee Carr

Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Dean, Gib Dean, N. Dorminy Edwards Evans Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gei singer Gignilliat Grahl Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hill, B. L. Horton

WEDNESDAY, JANUARY 19, 1972

451

Housley Howard Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan Keyton Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitajs Logan, Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCraeken McDaniell McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Nessmith Noble

Northcutt Nunn. Odom Oxford Patter son Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Smith, H. R. Sorrells Stephens Strickland Sweat Thomason Toles Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson

Those voting in the negative were Messrs.:

Brown, S. P. Davis, W. Dixon Grantham

Hays Hudson, C. M. Hudson, Ted King

Peters Rainey Town send Williams

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M.

Alien Barfield

Collier Dean, J. E.

452
Dent Drury Egan Ezzard Fraser Gaynor Granade Greer Groover Hill, G.

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Hood Howell Jones, J. R. Larsen, G. K. Lewis Longino Maxwell
Miller Murphy
Pickard

Pinkston Sims Smith, J. R. Smith, V. T". Snow Thompson Vaughn
Wood, J. T. Wood, R. E.
Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 12.

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

HB 467. By Messrs. Leggett of the 67th, Drury of the 66th, Matthews and Pat ten of the 63rd:
A Bill to be entitled an Act to regulate the manufacture and distribution of commercial feeds in the State of Georgia; to repeal Code Chapter 42-2, relating to commercial feeding stuffs; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Title 42, relating to Food and Drugs, as amended, so as to comprehensively revise the laws relating to the registration and labeling of commercial feeds, the inspection, sampl ing and analysis of commercial feeds and customer formula feeds, the withdrawal, condemnation and confiscation of commercial feeds, and the adulteration and misbranding of commercial feeds; to provide for definitions; to provide a registration fee; to prohibit the manufacture, sale or distribution of any commercial feed or agricultural commodities which are adulterated or misbranded; to prohibit a person from taking advantage of the information gained under authority of this Act; to prohibit the failure or refusal to register in accordance with the Act; to prohibit the removal or disposal of commercial feed in violation of an order relating to detained commercial feeds; to prohibit the commissioner of Agriculture from waiving any penalty imposed by this Act; to provide for the Commissioner of Agriculture to establish rules and regulations; to provide for the Commissioner of Agriculture to establish standards of commercial feeds; to provide penalties; to provide exemptions; to provide for the Commissioner of Agriculture to cooperate with other entities; to allow the Commissioner of Agriculture to publish information concerning commercial feed; to provide an effective date; to provide for severability; to repeal an Act relating to the regulation and the sale of feed stuffs, approved March 6, 1945 (Ga. Laws 1945, p. 213), as amended; to repeal conflicting laws; and for other purposes.

WEDNESDAY, JANUARY 19, 1972

453

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORr GIA:

Section 1. Code Title 42, relating to Food and Drugs, as amended, is hereby amended by striking Code Chapter 42-2, relating to Con centrated Commercial Feeding Stuffs, as amended, in its entirety and inserting in lieu thereof a new Code Chapter 42-2 to read as follows:

"CODE CHAPTER 42-2.

GEORGIA COMMERCIAL FEED LAW

42-201. Enforcing Official.

This Chapter shall be administered by the Commissioner of Agriculture of the State of Georgia, hereinafter referred to as the 'Commissioner'.

42-202. Definitions. When used in this Chapter:

(a) The term 'person' includes individual, partnership, cor poration, and association.

(b) The term 'distribute' means to offer for sale, sell, exchange, or barter, commercial feed.

(c) The term 'distributor' means any person who distributes.

(d) The term, 'commercial feed' means all materials except whole unmixed seed when not adulterated within the meaning of Code Section 42-206(a), which are distributed for Use as feed or for mixing in feed: Provided, that the Commissioner by regulation may exempt from this definition, or from specific provisions of this Chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, and individual chemical compounds or substances when such commodities, compounds or substances are not inter mixed or mixed with other materials, and are not adulterated with in the meaning of Code Section 42-206(a).

(e) The term 'feed ingredient' means each of the constituent materials making up a commercial feed.

(f) The term 'mineral feed' means a commercial feed intended to supply primarily mineral elements or inorganic nutrients.

(g) The term 'drug' means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than man and articles other than feed intended to affect the structure or any function of the animal body.

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(h) The term 'customer-formula feed' means commercial feed which consists of a mixture of commercial feeds and/or feed ingredients each batch of which is manufactured according to the specific instructions of the final purchaser.

(i) The term 'manufacture' means to grind, mix or blend, or further process a commercial feed for distribution.

(j) The term 'brand name' means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others.

(k) The term 'product name' means the name of the commercial feed which identifies it as to kind, class, or specific use.

(1) The term 'label' means a display of written, printed, or graphic matter upon or affixed to the container in which a com mercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed.

(m) The term 'labeling' means all labels and other written, printed, or graphic matter (1) upon a commercial feed or any of its containers or wrapper or (2) accompanying such commercial feed.

(n) The term 'ton' means a net weight of two thousand pounds avoirdupois.

(o) The terms 'per cent' or 'percentages' means percentages by weights.

(p) The term 'official sample' means a sample of feed taken by the Commissioner or his agent in accordance with the provisions of Code Section 42-209 (c), (e), or (f).

(q) The term 'pet food' means any commercial feed prepared and distributed for consumption by pets.

(r) The term 'pet' means any domesticated animal normally maintained in or near the household of the owner thereof.

(s) The term 'owner' means a corporation or the stockholders thereof, a partnership, or an individual.

42-203. Registration.

(a) No person shall manufacture a commercial feed in this State, unless he has filed with the Commissioner on forms provided by the Commissioner, his name, place of business and location of each manufacturing facility in this State.

WEDNESDAY, JANUARY 19, 1972

455

(b) No person shall distribute in this State a commercial feed, except a customer-formula feed, which has not been registered pursuant to the provisions of this Code Section. The application for registration shall be submitted in the manner prescribed by the Commissioner. There shall be levied a registration fee of $2 per annum for each commercial feed, brand or product name registered. Upon approval by the Commissioner the registration shall be issued to the applicant. All registrations expire on the 31st day of December each year.

(c) The Commissioner is empowered to refuse registration of any commercial feed not in compliance with the provisions of this Chapter and to cancel any registration subsequently found not to be in compliance with any provision of this Chapter: Provided, that no registration shall be refused or canceled unless the registrant shall have been given an opportunity to be heard before the Com missioner and to amend his application in order to comply with the requirements of this Chapter.

42-204. Labeling.
A commercial feed shall be labeled as follows:
(a) In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following in formation:
(1) The net weight.
(2) The product name and the brand name, if any, under which the commercial feed is distributed.

(3) The guaranteed analysis stated in such terms as the Commissioner by regulation determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods such as the methods published by the Association of Official Analytical Chemists.
(4) The common or usual name of each ingredient used in the manufacture of the commercial feed: Provided, that the Commissioner by regulation may permit the use of a collective term for a group of ingredients which perform a similar function, or he may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient state ment if he finds that such statement is not required in the interest of consumers.
(5) The name and principal mailing address of the manu facturer or the person responsible for distributing the com mercial feed.

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(6) Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the Commissioner may require by regulation as necessary for their safe and ef fective use.

(7) Such precautionary statements as the Commissioner by regulation determines are necessary for the safe and ef fective use of the commercial feed.

(b) In the case of a customer-formula feed, it shall be ac companied by a label, invoice, delivery slip, or other shipping docu
ment, bearing the following information:

(1) Name and address of the manufacturer.

(2) Name and address of the purchaser.

(3) Date of delivery.

(4) The product name and brand name, if any, and the net weight of each registered commercial feed used in the mixture,
and the net weight of each other ingredient used.

(5) Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the Com missioner may require by regulation as necessary for their safe and effective use.

(6) Such precautionary statements as the Commissioner by regulation determines are necessary for the safe and ef fective use of the customer-formula feed.

42-205. Misbranding.

A commercial feed shall be deemed to be misbranded:

(a) If its labeling is false or misleading in any particular.

(b) If it is distributed under the name of another commercial feed.

(c) If it is not labeled as required in Code Section 42-204.

(d) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by regula
tion by the Commissioner.

(e) If any word, statement, or other information required by or under authority of this Chapter to appear on the label or labeling
is not prominently placed thereon with such conspicuousness (as

WEDNESDAY, JANUARY 19, 1972

457

compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

42-206. Adulteration.
A commercial feed shall be deemed to be adulterated:
(a) (1) If it bears or contains any posionous or deleteri ous substance which may render it injurious to health; but in case the substance is not an added substance, such com mercial feed shall not be considered adulterated under this paragraph if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; or
(2) If it bears or contains any added poisonous, added deleterious, or added nonnutritive substance which is unsafe within the meaning of Section 406 of the Federal Food, Drug, and Cosmetic Act (other than one which is (i) a pesticide chemical in or on a raw agricultural commodity; or (ii) a food additive) ; or
(3) If it is, or it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug, and Cosmetic Act; or
(4) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of Section 408 (a) of the Federal Food, Drug, and Cosmetic Act: Provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under Section 408 of the Federal Food, Drug, and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating, or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the con centration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural com modity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of Section 408 (a), of the Federal Food, Drug, and Cosmetic Act; or
(5) If it is, or it bears or contains any color additive which is unsafe within the meaning of Section 706 of the Federal Food, Drug, and Cosmetic Act.
(b) If any valuable constituent has been in whole or part omitted or abstracted therefrom or any less valuable substance substituted therefor.

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(c) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling.

(d) If it contains a drag and the methods used in or the facilities or controls used for its manufacture, processing, or pack aging do not conform to current good manufacturing practice regulations promulgated by the Commissioner to assure that the drug meets the requirement of this Chapter as to safety and has the identity and strength and meets the quality and purity character istics which it purports or is represented to possess. In promulga ting such regulations, the Commissioner shall adopt the current good manufacturing practice regulation for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug, and Cosmetic Act, unless he determines that they are not appropriate to the conditions which exist in this State.

(e) If it contains viable or poisonous weed seeds in amounts exceeding the limits which the Commissioner shall establish by rule or regulation.

42-207. Prohibited Acts.

The following acts and the causing thereof within the State of Georgia are hereby prohibited:

(a) The manufacture or distribution of any commercial feed that is adulterated or misbranded.

(b) The adulteration or misbranding of any commercial feed.

(c) The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, which are adulterated within the meaning of Code Section 42-206(a).

(d) The removal or disposal of a commercial feed in violation of an order under Code Section 42-210.

(e) The failure or refusal to register in accordance with Code Section 42-203.

(f) The violation of Code Section 42-211 (f).

(g) The waiving by the Commissioner of any penalties imposed under the provisions of this Chapter.

42-208. Rules and Regulations.
(a) The Commissioner is hereby authorized to establish stand ards for commercial feeds.
(b) The Commissioner is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifical-

WEDNESDAY, JANUARY 19, 1972

459

ly authorized in this Chapter and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this Chapter. In the interest of uniformity the Commissioner, by regulation, shall adopt, unless he determines that they are incon sistent with the provisions of this Chapter or are not appropriate to conditions which exist in this State, the following:

(1) The Official Definitions of Peed Ingredients and Official Peed Terms adopted by the Association of American Peed Control Officials and published in the Official Publication of that organization, and

(2) Any regulation promulgated pursuant to the authority of the Federal Food, Drug, and Cosmetic Act (U.S.C. Sec. 301, et seq.) : Provided, that the Commissioner shall have the au thority under this Chapter to promulgate such regulations.

42-209. Inspection, Sampling, and Analysis.
(a) For the purpose of enforcement of this Chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the Commis sioner, upon presenting appropriate credentials to the owner, opera tor, or agent in charge, are authorized (1) to enter, during normal business hours, any factory, warehouse, or establishment within the State in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and (2) to inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment or vehicle and all pertinent equipment, finished and unfinished materials, containers, and label ing therein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the Good Manufacturing Practice Regulations established under Code Section 42-206 (d). Each such inspection shall be commenced and completed with reason able promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.
(b) If the officer or employee making such inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises he shall give to the owner, operator, or agent in charge a receipt describing the samples ob tained.

(c) If the owner of any factory, warehouse, or establishment described in paragraph (a), or his agent, refuses to admit the Commissioner or his agent to inspect in accordance with paragraph (a), the Commissioner is authorized to obtain from any State Court a warrant directing such owner or his agent to submit the premises described in such warrant to inspection.

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(d) For the purpose of the enforcement of this Chapter, the Commissioner or his duly designated agent is authorized to enter upon any public or private premises including any vehicle of trans port during regular business hours to have access to, and to obtain samples, to examine records relating to distribution of commercial feeds.
(e) Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists, or in accordance with other generally recognized methods,

(f) The results of all analyses of official samples shall be
forwarded by the Commissioner to the person named on the label and to the purchaser. When the inspection and analysis of an official sample indicates a commercial feed has been adulterated or
misbranded and upon request within 10 days following receipt of the analysis the Commissioner shall furnish to the registrant a portion of the sample concerned.

(g) The Commissioner, in determining for administrative pur poses whether a commercial feed is deficient in any component,
shall be guided by the official sample as defined in paragraph (p) of Code Section 42-202 and obtained and analyzed as provided for in paragraphs (c), (e), and (f) of Code Section 42-209 of this Chap ter.

42-210. Detained Commercial Feeds.

(a) 'Withdrawal from distribution' orders: When the Com missioner or his authorized agent has reasonable cause to believe
any lot of commercial feed is being distributed in violation of any of the provisions of this Chapter or of any of the prescribed regu lations under this Chapter, he may issue and enforce a written or printed 'withdrawal from distribution' order, warning the distrib utor not to dispose of the lot of commercial feed in any manner until written permission is given by the Commissioner or the
Court. The Commissioner shall release the lot of commercial feed so withdrawn when said provisions and regulations have been com plied with. If compliance is not obtained within 30 days, the Com missioner may begin, or upon request of the distributor or registrant
shall begin, proceedings for condemnation.

(b) 'Condemnation and Confiscation': Any lot of commercial feed not in compliance with said provisions and regulations shall be subject to seizure on complaint of the Commissioner to the supe rior court of the county in which said commercial feed is located. In the event the court finds the said commercial feed to be in viola tion of this Chapter and orders the condemnation of said commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the State: Provided, that in no instance shall the disposition of said commercial feed be ordered by the court without first giving the claimant an op portunity to apply to the court for release of said commercial feed or for permission to process or re-label said commercial feed to bring it into compliance with this Chapter.

WEDNESDAY, JANUARY 19, 1972

461

42-211. Penalties.

(a) Any person convicted of violating any of the provisions of this Chapter or who shall impede, hinder, or otherwise prevent, or attempt to prevent, said Commissioner or his duly authorized agent in performance of his duty in connection with the provisions of this Chapter, shall be adjudged guilty of a misdemeanor and upon conr viction thereof shall be punished as for a misdemeanor.

(b) Nothing in this Chapter shall be construed as requiring the Commissioner or his representative to: (1) report for prosecu tion, or (2) institute seizure proceedings, or (3) issue a withdrawal from distribution order, as a result of minor violations of the Chapter, or when he believes the public interest will best be served by suitable notice or warning in writing.

(c) It shall be the duty of the Attorney General or each district attorney of a superior court to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Before the Com missioner reports a violation for such prosecution, an opportunity shall be given the distributor to present his view to the Commis sioner.

(d) The Commissioner is hereby authorized to apply for and the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the pro visions of this Chapter or any rule or regulation promulgated under the Chapter notwithstanding the existence of other remedies at law. Said injunction to be issued without bond.
(e) The provisions of this Chapter pertaining to rule making, issuance, revocation or denial of registrations, and other adminis trative actions authorized hereunder, shall be subject to, and con ducted in accordance with, the provisions of the Georgia Administra^ tive Procedure Act, approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended.
(f) Any person who uses to his own advantage, or reveals to other than the Commissioner, or officers of the Department of Agriculture, or to the courts when relevant in any judicial proceed ing, any information acquired under the authority of this Chapter, concerning any method, records, formulations, or processes which as a trade secret is entitled to protection, is guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor: Provided, that this prohibition shall not be deemed as prohibiting the Commissioner, or his duly authorized agent, from exchanging information of a regulatory nature with duly appointed officials of the United States Government, or of other States, who are similarly prohibited by law from revealing this information.
(g) There shall be a penalty of $2 per ton, or fraction thereof, for all commercial feed sold or offered for sale in this State that is not registered as provided herein. Said penalty shall be assessed and collected from the person required by law to register feed.

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A penalty of $2 per ton, or fraction thereof, is hereby levied on any commercial feed sold or offered for sale within this State, if said feed is not properly labeled, tagged, or identified according to the provisions of this Chapter.

(h) Penalties for Deficiencies found on Chemical Analysis.

Where any commercial feed bearing guaranteed analysis of less than 20 percent protein is found by an analysis by the State Chemist to be deficient in protein more than 2 percent of the guaranteed analysis of protein plus 0.3 percent, ja. penalty of 10 percent of the purchase price shall be assessed against the manu facturer or guarantor. If the guaranteed protein is 20 percent but less than 35 percent and the deficiency is more than 2 percent of the guaranteed protein plus 0.4 percent, the penalty shall be 10 percent of the purchase price. If the guaranteed protein is 35 percent but less than 50 percent and the deficiency is more than 2 percent of the guaranteed protein plus 0.5 percent penalty shall be 10 percent of the purchase price. If the guaranteed protein is 50 percent and over and the deficiency is more than 2 percent of the guaranteed protein plus 0.6 percent, the penalty shall be 10 percent of the purchase price.

Where an analysis by the State Chemist reveals that any com mercial feed is deficient by more than 15 percent of the guaranteed analysis in fat, a penalty of 10 percent of the purchase price shall be assessed against the manufacturer or guarantor.

Where an analysis by the State Chemist reveals that any com mercial feed contains crude fiber in excess of 10 percent of the guaranteed analysis, a penalty of 10 percent of the purchase price shall be assessed against the manufacturer or guarantor. All such penalties shall be cumulative, and the minimum penalty under any of the provisions of this Section shall be no less than $5. Samples to be analyzed by the State Chemist shall be taken in accordance with provisions for official samples as contained in Code Section 42-209. Any penalties arising under the provisions of this Chapter, except the penalties for failure to properly label and register feeds as provided in Code Section 42-211 (g), shall be collected by the Commissioner of Agriculture for the use and benefit of manu facturers, feeder or feeders using such commercial feed stuff. If the feeder or feeders cannot be located or found within six months after the penalty has been paid, the Commissioner of Agriculture shall deposit such unclaimed funds in the State Treasury: Pro vided, however, that the Commissioner shall have no authority to waive any of the penalties imposed under the provisions of this Chapter.
42-212. Exemptions.

The provisions of this Chapter shall not apply to any com mercial feeds that have been manufactured or produced by any person, partnership, firm or corporation for the purpose of feeding his, their, or its own domestic animals, livestock or poultry. Provided, further, that the provisions of this Chapter shall not apply to any

WEDNESDAY, JANUARY 19, 1972

463

commercial feeds whenever the purchaser of such commercial feeds desires to waive the provisions of this Chapter in regard to a particular manufacturer, seller or producer of commercial feeds, and the manufacturer, seller or producer agrees to waive the provisions of this Chapter. This waiver shall be in writing, signed by both parties, and filed with the Department of Agriculture. At any time after the waiver is on file, either party to said waiver may direct, in writing, that the Department of Agriculture withdraw said waiver. Provided further, that no valid waiver may be executed unless the owner of the domestic animals, livestock or poultry owns an interest in the feed manufacturing concern or the said manufacturing concern owns an interest in the domestic animals, livestock or poultry. An owner shall be defined herein as a corporation or the stockholders thereof, a partnership, or an individual.

42-213. Nonresidents,

Every nonresident manufacturer, mixer, jobber, or distributor of commercial feed shall at the time of registration and before selling or offering for sale his product in Georgia designate with the Commissioner of Agriculture an attorney in fact residing in this State on which attorney in fact legal service and process may be had so as to bring such nonresident manufacturer, mixer, jobber, and distributor under the jurisdiction of the courts of this State.

42-214. Evidence.
In any controversy or prosecution arising under the provisions of this Chapter, a certificate of the State Chemist or other State employee making analyses or inspection, duly sworn to by the State Chemist or employee, shall be prima facie evidence of the facts therein certified.
42-215. Cooperation with other entities.
The Commissioner may cooperate with and enter into agree ments with governmental agencies of this State, other States, agencies of the Federal Government, and private associations in order to carry out the purpose and provisions of this Chapter.

42-216. Publication.
The Commissioner may publish at least annually, in such forms as he may deem proper, information concerning the sales of com mercial feeds, together with such data on their production and use as he may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the State as compared with the analyses guaranteed in the registration and on the label: Provided, that the information concerning pro duction and use of commercial feed shall not disclose the operations of any person."
Section 2. In the event any section, subsection, sentence, clause

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or phrase of this Chapter 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 Chapter, 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 were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Chapter if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 3. This Act shall become effective on July 1, 1972.

Section 4. An Act relating to the regulation of the sale of feed stuffs, approved March 6, 1945 (Ga. Laws 1945, p. 213), as amended, is hereby repealed in its entirety.

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

ANALYSIS

Bill amends Code Title 42 so as to comprehensively revise the laws relating to the registration and labeling of commercial feeds, the in spection, sampling and analysis of commercial feeds, the withdrawal, condemnation and confiscation of commercial feeds, and the adulteration and misbranding of commercial feeds; prohibits certain acts with respect to commercial feeds; provides for the Commissioner of Agricul ture to establish rules and regulations; provides for penalties for violating provisions of the Act.

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. Atherton Battle Bell 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 Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell

WEDNESDAY, JANUARY 19, 1972

465

Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Horton Housley Hudson, C. M. Hudson, Ted
Hutchinson
Isenberg

Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King
Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble
Northcutt

Nunn Odom Oxford Patterson Patten Peters Phillips, G. S. Phillips, W. R. Pickard Pinkston
Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Salem Scarborough Shepherd Sherman
Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Sweat Thomason Toles Townsend
Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Alien Bar field Berry Bo wen Brantley, H. H. Buck Chandler

Collier Cook Farrar Hill, G. Hood Howard Howell

Maxwell Merritt Murphy Pearce Phillips, L. L. Russell, A. B. Savage

466
Shanahan Sorrells Strickland

JOURNAL OF THE HOUSE,

Thompson Triplett Vaughn

Wamble Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 166, nays 0.

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

HB 1143. By Messrs. Snow and Clements of the 1st:
A Bill to be entitled an Act to amend Code Section 26-601, relating to the definition of the term "crime", so as to change said definition; and for other purposes.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Atherton Battle Bell 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 Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Davis, W. 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 tjfreer Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Housley Howard Hudson, C. M.

WEDNESDAY, JANUARY 19, 1972

467

Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (iBH)
Lee, W. S.
Leggett
Le vitas
Lewis
Logan
Longino
Lowrey
Marcus
Mason
Matthews, C.

Matthews, D. R. Mauldin McCracken McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Odom
Patterson
Patten
Phillips, G. S.
Phillips, L. L.
Phillips, W. R.
Pickard
Pinkston
Poole
Potts
Rainey

Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Salem Scarborough Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sweat Thomason Toles
Townsend
Triplett
Turner
Vaughn
Ware
Wheeler, Bobby
Wheeler, J. A.
Wilson
Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Alien Barfield Bennett, J. T. Berry Bowen Brantley, H. H. Buck Collier Conger Dean, Gib Drury Pelton Grahl

Griffin Hill, B. L. Hill, G. Hood Howell
Jessup Maxwell Merritt Murphy Nunn Oxford Pearce Peters Russell, A. B.

Savage Shanahan Sorrells Stephens Strickland Thompson Tripp Wamble Whitmire Williams Wood, J. T. Mr. Speaker

On the passage of the Bill, the ayes were 155, nays 0.

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

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JOUENAL OF THE HOUSE,

HB 1144. By Messrs. Snow and Clements of the 1st and Dean of the 13th:
A Bill to be entitled an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement and providing for the establishing of a Joint Municipal Retirement System, so as to redefine the term employee in order to distinguish between fulltime salaries or hourly rated person in the active service of municipal corporation; and for other purposes.

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

On the passage of the Bill, the ayes were 101, nays 0.

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

HB 1113. By Messrs. Miles of the 78th, Connell of the 79th, Smith of the 80th, Groover of the 27th and others:
A Bill to be entitled an Act to amend an Act authorizing and empower ing the State Board of Education to administer any and all funds al located for pupil transportation, so as to provide that it shall be unlaw ful to transport any student if a physician shall certify that transporta tion would be detrimental to the health of the student; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Atherton Battle Black Brantley, H. L. Bray Brown, C.
Burruss
Carr

Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell
Conger
Connell

Dailey Davis, E. T. Davis, W. Dorminy Edwards Ezzard Felton Floyd, J. H. Floyd, L. R.
Fraser
Gary

WEDNESDAY, JANUARY 19, 1972

469

Geisinger Gignilliat Grahl Granade Grantham Griffin Gunter Harrington Harris Harrison Hays Housley Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. 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 Lowrey Marcus Matthews, D. R. McCracken McDaniell Melton Miles Moore Morgan Mulherin Mullinax Nessmith Northcutt Oxford Patterson Patten Peters Phillips, G. S. Poole
Rainey
Reaves

Roach Ross Rush Russell, A. B. Russell, H. P. Salem Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Sweat Toles Triplett Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson
Wood, J. T.
Wood, R. E.

Those voting in the negative were Messrs.

Alexander, W. H. Alexander, W. M. Bennett, Tom Bond Brown, B. D. Brown, S. P. Busbee Coney, G. D. Coney, J. L.

Daugherty Dean, Gib Dean, J. E. Dean, N. Egan Evans
Gaynor Ham Hamilton

Hill, B. L. Horton Lambert Matthews, C. McDonald Scarborough Shepherd Stephens Townsend

Those not voting were Messrs.:

Alien Barfield Bell Bennett, J. T. Berry Blackshear Bohannon Bostick Bowen Brantley, H. H.

Buck Chandler Collier Cook Dent Dixon Drury Farrar Greer Groover

Hawes Hill, G. Hood Howard Howell Jessup Jordan Knight Leggett Mason

470
Mauldin Maxwell Merritt Milford Miller Moyer Murphy Noble

JOURNAL OF THE HOUSE,

Nunn Odom Pearce Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts

Russell, W. B. Savage Strickland Thomason Thompson Tripp Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 114, nays 27.

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

HB 1169. By Messrs. Adams of the 100th, Smith of the 39th, Gary of the 21st and Johnson of the 29th:
A Bill to be entitled an Act to amend the Uniform Act Regulating Traffic on Highways, as amended, so as to provide that trailers and semi-trailers of 2,500 pounds gross weight and less shall be exempt from the annual inspection 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 ayes were 108, nays 0.

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

HB 1170. By Messrs. Northcutt and Lee of the 21st and Longino of the 98th:
A Bill to be entitled an Act to provide that no municipality shall have the power or authority to regulate in any manner the operation of any taxi or cab stand which is located upon private property; and for other purposes.

Mr. Ham of the 33rd moved that further consideration of HB 1170 be postponed until Monday, January 24, 1972, immediately after the period of unanimous consents.

The motion prevailed.

WEDNESDAY, JANUARY 19, 1972

471

HB 76. By Messrs. Isenberg of the 67th, Johnson of the 29th and Leggett of the 67th:
A Bill to be entitled an Act to amend Code Chapter 68-7, relating to regulation of motor vehicles for hire, as amended, so as to require that every taxicab operated in this State be equipped with as many seat belts as there are places for passengers; and for other purposes.

Mr. Egan of the 116th moved that further consideration of HB 76 be post poned indefinitely. The motion prevailed.

SB 169. By Senators Reynolds of the 48th, Kidd of the 25th and Brown of the 47th:
A Bill to be entitled an Act to require each manufacturer of motor vehicles in this State to place an identification upon such vehicles that they were manufactured in this State; and for other purposes.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Atherton Battle Bennett, Tom Black Blackshear Bohannon Bond Bostick 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. Connell Dailey Daugherty Davis, W. Dean, N. Dent Dixon Edwards Farrar Floyd, J. H. Floyd, L. R. Fraser Gaynor Gei singer

Gignilliat Grahl Granade Grantham Gunter Harrington Harris Harrison Hays Hill, B. L. Horton Housley Howard Hudson, C. M. Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton King

472
Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S. Leggett Longino Lowrey Matthews, D. R. Mauldin McCracken McDanielJ McDonald Merritt Miles Milford Miller Moore Morgan Moyer

JOURNAL OF THE HOUSE,

Mulherin Mullinax Nessmith Nunn Odom Oxford Patterson Patten Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Salem Scarborough Shepherd

Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Toles Triplett Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Alexander, W. H. Bell Bray Davis, E. T. Egan

Evans Ezzard Ham Levitas Marcus

Melton Pickard Russell, W. B. Thomason Townsend

Those not voting were Messrs.:

Alien Barfield Bennett, J. T. Berry Bowen Brantley, H. H. Buck Collier Colwell Conger Cook Dean, Gib Dean, J. E. Dorminy Drury Felton Gary

Greer Griffin Groover Hamilton Hawes Hill, G. Hood Howell Hudson, Ted Jessup Lambert Larsen, W. W. Lee, W. J. (Bill) Lewis Logan Mason Matthews, C.

Maxwell Murphy Noble Northcutt Pearce Phillips, L. L. Potts Ross Savage Shanahan Strickland Thompson Tripp Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 131, nays 15.

WEDNESDAY, JANUARY 19, 1972

473

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

Leave of absence was granted to Mr. Alien of the 92nd this day because of illness.

Mr. Busbee of the 61st moved that the House do now adjourn until 11:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker Pro Tem announced the House adjourned until 11:00 o'clock, tomorrow morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Thursday, January 20, 1972

The House met pursuant to adjournment at 11:00 o'clock, A.M., this day and was called to order by the Speaker.

The following prayer was offered by Rev. Bobby E. Davis, Pastor, Calvary United Methodist Church, Swainsboro, Georgia:
Eternal God our Father, to whom there is no far or near, no great or small, Thy goodness and mercy have followed us all the days of these pilgrim years, through sunny hour and through gloomy shades; often we had fainted unless we had believed to see the goodness of the Lord in the land of the living and the signs of Thy final mastery shap ing human events in spite of the wrath and the mistakes of wilful men.
Strong Deliverer, be Thou still our strength and shield in these turbulent days. We beseech Thee, give understanding, humility, and charity to them who in Thy name and for the sake of the State of Georgia are entrusted in this chamber with the power of Government.
O Lord we pray that in this day You will give them a steady faith, a firm hope, a fervent love, and a will to labor for the things that are right and true. In the Name of Jesus Christ we pray. Amen.

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

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

Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger

Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dorminy Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary
Gaynor Geisinger

THURSDAY, JANUARY 20, 1972

475

Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris 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 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
Nessmith
Noble
Northcutt
Nunn
Oxford
Patterson
Patten
Pearce
Peters
Phillips, G. S.
Phillips, L. L.
Phillips, W. R.
Pickard
Pinkston
Poole
Potts

Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. 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
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

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.

476

JOURNAL OF THE HOUSE,

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions.
2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1334. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Elbert 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 1344. By Messrs. Battle of the 90th, Stephens of the 103rd and Adams of the 100th:
A Bill to be entitled an Act to amend an Act governing membership in labor organizations, so as to provide that employers and labor organizations authorizing the establishment and collection of a service or representation charge to employees covered by such agreements; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 1345. By Messrs. Savage of the 104th, Adams of the 100th, Lane of the 101st, Alexander of the 96th and Stephens of the 103rd:
A Bill to be entitled an Act to provide for high moral and ethical standards of conduct for State officials; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1346. By Messrs. Brown of the 32nd and Lowrey of the 9th:
A Bill to be entitled an Act to create the Georgia State Board of Bar bers; and for other purposes.
Referred to the Committee on Health and Ecology.

THURSDAY, JANUARY 20, 1972

477

HB 1347. By Messrs. Colwell of the 5th, Hudson of the 48th, Bennett of the 71st, Adams of the 9th and Sorrells of the 24th:
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 fees and provisions relative to said fees; and for other purposes.
Referred to the Committee on Judiciary.

HB 1348. By Messrs. Isenberg and Leggett of the 67th:
A Bill to be entitled an Act to provide for law enforcement officer identi fication cards; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1349. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to amend an Act providing how motor cycles shall be operated in this State and providing for certain equipment and devices for motorcycles and persons riding them, so as to repeal the provisions requiring that persons operating or riding motorcycles shall wear protective headgear complying with standards of the De partment of Public Safety; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1350. By Messrs. Dean of the 19th, Coney of the 118th, and Adams of the 9th:
A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for Public School Employees of the State of Georgia; and for other purposes.
Referred to the Committee on Insurance.

HB 1354. By Mr. Miller of the 83rd:
A Bill to be entitled an Act to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to include practitioners of applied psychology within the provision of this Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1355. By Mr. Miller of the 83rd:
A Bill to be entitled an Act to repeal an Act enlarging the powers of the Georgia Public Service Commission, so as to enlarge the jurisdic tion of the Georgia Public Service Commission and authorizing said Commission to issue certificates of public convenience to associations

478

JOURNAL OF THE HOUSE,

owning, leasing, managing or operating a radio utility system as defined in this Act; and for other purposes.
Referred to the Committee on Industry.

HB 1356. By Messrs. Salem and Rush of the 51st, Lewis of the 37th, Hudson of the 48th, Strickland of the 56th, Grantham of the 55th, Matthews of the 63rd, Harrison of the 58th, Keyton of the 70th and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act", so as to provide for the appointment of architects; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1357. By Mr. Alexander of the 108th;
A Bill to be entitled an Act to amend an Act revising the adoption laws of Georgia, so as to provide that an adopted child may take by inheri tance from relatives of the adopting parents; and for other purposes.
Referred to the Committee on Judiciary.

HR 569-1357. By Mr. Isenberg of the 67th:
A Resolution compensating Seaboard Construction Company; and for other purposes.
Referred to the Committee on Appropriations.

HB 1360. By Messrs. Larsen of the 113th, Wilson and Housley of the 117th, Matthews of the 63rd, Smith of the 3rd, Jones of the 4th, Griffin of the 68th, Dean of the 76th, Noble of the 73rd, Brown of the 32nd, Johnson of the 29th, Horton of the 95th, Mrs. Hamilton of the 112th, and others:
A Bill to be entitled an Act to provide for a Georgia Scenic Rivers System; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1361. By Mr. Rush of the 51st:
A Bill to be entitled an Act to amend Code Section 47-101, relating tothe apportionment of the House of Representatives, so as to change the provisions relative to certain districts; and for other purposes.
Referred to the Committee on Legislation & Congressional Reapportionment.

THURSDAY, JANUARY 20, 1972

479

Mr. Rush of the 51st moved that HB 1361 be engrossed.

The motion prevailed and HB 1361 was ordered engrossed.
HB 1362. By Mr. Dailey of the 53rd: A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the compensation of the deputy sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1363. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an annual salary, so as to change the compensation of said Sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1364. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Calhoun County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1365. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the Ordinary of Calhoun County, known as the fee system, and providing in lieu thereof an annual salary for said officer, so as to change the provisions relative to the compensation of said officer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1366. By Messrs. Sims of the 106th, Ham of the 33rd, Isenberg of the 67th and Kreeger of the 117th:
A Bill to be entitled an act to provide that it shall be unlawful to

480

JOURNAL OP THE HOUSE,

disclose any information relative to the preparation of federal or state income tax returns; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1367. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County upon an annual salary, so as to change the compensation of the sheriff and certain other personnel within the sheriff's office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1368. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to change the dates and provide the manner for reporting and paying the amount of tax withheld from employees' wages under certain circumstances; and for other purposes.
Referred to the Committee on Ways and Means.

HR 570-1368. By Messrs. Nunn and Moyer of the 41st: A Resolution compensating Mr. Doyle D. Stokes; and for other purposes.
Referred to the Committee on Appropriations.

HR 571-1368. By Mr. Dailey of the 53rd:
A Resolution creating the Joint Georgia Jail Standards Study Commit tee; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1369. By Mr. Hutchinson of the 61st:
A Bill to be entitled an Act to amend Code Section 92-3107, relating: to Georgia taxable net income, so as to provide that certain military retirement pay shall not be included in Georgia net taxable income; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1370. By Messrs. Black and Edwards of the 45th: A Bill to be entitled an Act to provide that in each county having a

THURSDAY, JANUARY 20, 1972

481

certain population, the sheriff shall be paid on a salary basis instead of on fees; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 572-1370. By Messrs. Black and Edwards of the 45th:
A Resolution proposing an amendment to the Constitution of the State so as to provide for the office of Sheriff of Chattahoochee County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 573-1370. By Messrs. Black and Edwards of the 45th:
A Resolution proposing an amendment to the Constitution so as to create the Chattahoochee County Airport Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 574-1370. By Mr. Scarborough of the 81st:
A Resolution posthumously awarding a gold medal to Mr. Peter J. Bracken for Valor; and for other purposes.
Referred to the Committee on State Institutions & Property.

By unanimous consent, the following Bills and Resolutions of the House were read the second time:
HB 1293. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act providing for confirma tion of sales under foreclosure proceedings on real estate, so as to provide that no sale of real estate under powers contained in deeds to secure debt shall be valid unless notice of intent to sell has been mailed by the grantee to the debtor by certified mail at least ten days prior to the date on which advertisement first appeared; and for other purposes.
HB 1294. By Mr. Dean of the 76th:
A Bill to be entitled an Act to amend Code Chapter 95-15, relating to the State Highway Department, so as to authorize the State Highway Department to provide an emergency telephone system along interstate and primary highways within the State; and for other purposes.

482

JOURNAL OF THE HOUSE,

HB 1295. By Messrs. Matthews and Patten of the 63rd and Collins of the 62nd:
A Bill to be entitled an Act to amend Code Section 88-1205a, relating to the requirements of a bond for mass gatherings, so as to provide that no bond shall be required in an incorporated municipality or county owned area and commits itself to clean up the site upon which the gathering is to be held; and for other purposes.

HB 1296. By Messrs. Alexander of the 96th, Floyd of the 75th, Brown of the 110th, Granade of the 75th, Horton of the 95th, Bond of the lllth, Greer of the 95th, Larsen of the 113th, Thomason of the 77th and others:
A Bill to be entitled an Act to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to increase the membership of the Georgia Eeal Estate Commission; and for other purposes.

HB 1297. By Messrs. Savage of the 104th and Adams of the 100th:
A Bill to be entitled an Act to provide a presidential preference primary for Georgia; and for other purposes.

HB 1298. By Messrs. Alexander of the 96th, Floyd and Granade of the 75th, Brown of the 110th, Horton of the 95th, Bond of the lllth, Greer of the 95th, Thomason of the 77th and others:
A Bill to be entitled an Act to make it unlawful for any person, real estate agent or broker or agent to induce or attempt to induce any person to sell or rent his dwelling by the use of representation that a person of a particular race, religion or national origin is planning to rent or buy in the neighborhood; and for other purposes.

HB 1299. By Mr. King of the 86th:
A Bill to be entitled an Act to provide a standard time for the entire State of Georgia and all governmental agencies, governmental units and political subdivisions thereof; to provide that the State of Georgia shall be exempt from the provisions of the "Uniform Time Act of 1966", relating to the advancement of time during a certain period of the year; and for other purposes.

HR 560-1299. By Messrs. Rush and Salem of the 51st:
A Resolution proposing an amendment to the Constiution so as to au thorize the General Assembly to provide by law for the election of the members of the Board of Education of Toombs County; and for other purposes.

THURSDAY, JANUARY 20, 1972

483

HR 561-1299. By Mr. Wood of the llth:
A Resolution compensating the Mansfield Oil Company of Gainesville, Georgia; and for other purposes.

HR 562-1299. By Mr. Colwell of the 5th: A Resolution compensating Ernest T. Williams; and for other purposes.

HR 563-1299. By Mr. Chandler of the 34th:
A Resolution compensating Mrs. Colleen F. Farmer; and for other purposes.

HB 1300. By Mr. Chandler of the 34th:
A Bill to be entitled an Act to amend Code Chapter 91-1A, known as the State Properties Control Code, so as to authorize and empower the State Properties Control Commission to grant on behalf of the State without public bid and in its sole discretion revocable license agreements to any person or legal entity doing business in the State to cross any property under the control of the State Properties Control Commission; and for other purposes.

HB 1301. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A Bill to be entitled an Act to amend an Act empowering the City of Albany to furnish aid and relief and to grant pensions to employees of said City, so as to change the provisions respecting the employment of agents, employees and experts by the Board of Trustees and the City; and for other purposes.

HB 1302. By Messrs. Busbee, Hutchinson and Lee of the 61st: A Bill to be entitled an Act to amend an Act establishing the City Court of Albany, in and for the County of Dougherty, so as to create the office of judge emeritus; and for other purposes.
HB 1303. By Mr. McCracken of the 36th: A Bill to be entitled an Act to amend Code Title 24A, known as the "Juvenile Court Code of Georgia", so as to redefine the term "child" as used in said Code Title; to change the provisions relative to juvenile courts acting as courts of inquiry; and for other purposes.
HB 1304. By Mr. McCracken of the 36th: A Bill to be entitled an Act to amend an Act known as the "Retail

484

JOURNAL OF THE HOUSE,

Installment and Home Solicitation Sales Act", so as to change certain provisions relative to the right to cancel home solicitation sales agree ments if said agreement has been unsatisfactory and is unsuitable for resale by the seller; and for other purposes.

HB 1305. By Messrs. Pickard, Buck and Pearce of the 84th, Carr of the 35th, Dorminy of the 48th, Odom of the 61st, Phillips of the 50th, Black of the 45th and Dailey of the 53rd:
A Bill to be entitled an Act to provide for the purchase of real property by municipalities or counties at a price equal to the appraised value by the municipal or county tax assessors under certain circumstances; . and for other purposes.

HB 1306. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to provide for the appointment of the county >., school superintendent of Peach County by the board of education; and ,.,-.-.',:.. for other purposes.

HB 1307. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act amending, revising and consolidating the several acts granting corporate authority to the Town of Port Valley, so as to provide that the Utilities Commission shall turn over for the use of the City 10% of the annual gross receipts of the Utilities Commission; and for other purposes.

HR. 564-1307. By Mr. Adams of the 9th:
A Resolution compensating Mrs. Agnes H. Green; and for other purposes.

HR 565-1307. By Mr. Adams of the 9th:
A Resolution compensating Mr. Robert Lee Cochran, Sr.; and for other purposes.

HR 566-1307. By Mr. Adams of the 9th: A Resolution compensating Mr. A. G. Lipham; and for other purposes.

HB 1308. By Messrs. Gaynor of the 88th, Snow of the 1st and Roach of the 10th:
A Bill to be entitled an Act to amend Code Title 22, relating to corpora tions, so as to change certain terminology, definitions and references; and for other purposes.

THURSDAY, JANUARY 20, 1972

485

HB 1309. By Messrs. Brown of the 81st and Hawes of the 95th:
A Bill to be entitled an Act to amend Code Section 73-221 so as to pro vide for annual registration fees for pumps and tank trucks; and for other purposes.

HB 1310. By Mr. Russell of the 14th:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Barrow County into the office of Tax Commissioner of Barrow County; and for other purposes.

HB 1311. 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 revision of fees for mobile homes, modular homes, sectional houses, off-the-road equipment, timber, structural members and poles and piling over 75' long; and for other purposes.

HB 1312. By Messrs. Matthews of the 63rd, Collins of the 62nd, Nessmith of the 44th, Lane of the 44th, Brantley of the 52nd, Bowen of the 47th, Bostick of the 63rd, Carter of the 64th, and others:

A Bill to be entitled an Act to amend Code Chapter 88-9, relating to

air quality control, so as to exempt from the provisions thereof, and

rules and regulations issued pursuant thereto, certain agricultural

practices, procedures and processes and certain agricultural processing

facilities; and for other purposes.

.' .'i

HB 1313. By Messrs. Busbee of the 61st and Floyd of the 7th:
A Bill to be entitled an Act to amend an Act creating an Employees' Suggestion and Awards Board, so as to authorize the Board to grant additional compensation to employees selected to receive awards; and for other purposes.

HB 1314. By Messrs. Dailey of the 53rd, Rush of the 51st, Black of the 45th, Harrison of the 58th, Jones of the 87th and Potts of the 30th:
A Bill to be entitled an Act to provide minimum standards for deten tion facilities within this State; and for other purposes.

HB 1315. By Mr. Murphy of the 19th:

;

A Bill to be entitled an Act to create the Printing and Copying Board to regulate, direct and control the printing and copying operations of the various departments and agencies of State Government; and for other purposes.

486

JOURNAL OF THE HOUSE,

HB 1316. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend the "Statewide Probation Act", so as to change the provisions relative to qualifications of circuit proba tion officers; and for other purposes.

HB 1317. By Mr. Murphy of the 19th: A Bill to be entitled an Act to authorize and direct the State Treasurer to open and maintain an office in the Treasury Department to cash personal and payroll checks of members of the General Assembly, State officers and employees; to authorize the use of State funds to cash such checks; and for other purposes.
HB 1318. By Mr. Murphy of the 19th: A Bill to be entitled an Act to amend Code Chapter 24-27, relating to clerks of the superior courts, so as to remove the provisions relating to preparation of maps and surveys; and for other purposes.
HB 1319. By Mr. Murphy of the 19th: A Bill to be entitled an Act to authorize any financial institution con tracting with a person for the use of a safety deposit box to permit any individual named in an order granted by the ordinary in which the financial institution is located to open and examine the contents of such box leased by any deceased or legally incompetent person; and for other purposes.
HR 567-1319. By Mr. Lane of the 101st: A Resolution compensating Mr. L. C. Brock; and for other purposes.
HB 1320. By Messrs. Buck of the 84th, Smith of the 43rd, Sorrells of the 24th and Greer of the 95th: A Bill to be entitled an Act to provide for the compensation and allow ances of certain State officials; and for other purposes.
HB 1321. By Messrs. Smith of the 43rd, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lee of the 21st, McCracken of the 36th and others: A Bill to be entitled an Act to provide for the compensation and allow ances of certain State officials; and for other purposes.

HB 1322. By Messrs. Bennett of the 81st, Miller of the 83rd, Pinkston, Brown and Scarborough of the 81st and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act reenacting the Charter of the City of Macon, so as to change the provisions relating to disability retirement dates; and for other purposes.

THURSDAY, JANUARY 20, 1972

487

HB 1323. By Mr. Larsen of the 113th:
A Bill to be entitled an Act to provide for the creation of a Georgia Scenic Trails System; and for other purposes.

HR 568-1323. By Mr. Wilson of the 117th: A Resolution compensating Mrs. Lorene E. Hale; and for other purposes.

HB 1324. By Messrs. Rainey of the 47th, Grahl of the 40th, Peters of the 2nd, Housley of the 117th, Hays of the 1st and Hudson of the 48th:
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 clarify the provisions relative to hunting licenses; and for other purposes.

HB 1325. By Messrs. Rainey of the 47th, Grahl of the 40th, Peters of the 2nd, Housley of the 117th, Hays of the 1st and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act completely and exhaus tively revising, superseding and consolidating the laws of this State relative to the State Game and Fish Commission, so as to provide for a temporary nonresident trout stamp; and for other purposes.

HB 1326. By Messrs. Buck of the 84th and Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to change the provisions relative to service allowable in computing years service as a judge of the superior court; and for other purposes.

HB 1327. By Messrs. Fraser of the 59th, Isenberg of the 67th, Harrison of the 58th and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to repeal the provisions of said Act relating to declaring certain boats and accessory equipment to be con traband and forfeited to the State; and for other purposes.

HB 1328. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide a board of commissioners for the County of Elbert, so as to change the compensation of the chairman of said board of commissioners"; and for other purposes.

488

JOURNAL OF THE HOUSE,

HB 1329. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend Code Section 84-1110, relating to the refusal and revocation of certificates of registration by the Board of Examiners in Optometry, so as to change the provision rela tive to unprofessional conduct; and for other purposes.

HB 1330. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and the ordinary of Elbert County upon an annual salary, so as to change the compensation of the clerk of the superior court and the ordinary; and for other purposes.

HB 1331. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff of Elbert County from the fee system to the salary system, so as to change the compensation of the sheriff; and for other purposes.

HB 1332. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide a board of commissioners for the County of Elbert", so as to provide for the powers and duties of the Chairman of the Board of Commis sioners of Elbert County; and for other purposes.

HB 1333. By Mr. Adams of the 9th, Marcus of the 105th, Russell of the 77th, Miller of the 83rd, Colwell of the 5th, Larsen of the 113th and others:
; . . .. A Bill to be entitled an Act to amend an Act making provision for coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Security Act, so as to provide for the transfer of the balance of the contribution fund to the General Fund; and for other
: . purposes. ' !

HB 1335. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit; to provide for the powers, duties and responsibilities of the District Attorney's investigators; and for other purposes.

HB 1336. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System, so as to authorize the transfer of funds into the Pension Accumulation Fund and to limit the obligations resulting there from; and for other purposes.

THURSDAY, JANUARY 20, 1972

489

HB 1337. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act creating the office of Judge of the Superior Courts Emeritus, so as to provide the circum stances under which a judge of the superior courts, may reenter the private practice of law without affecting his rights under said Act; and for other purposes.

HB 1338. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to provide credit for certain service under certain conditions; and for other purposes.

HB 1339. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing an Employees' Retirement System, so as to clarify method for allowing credit for active duty service in the Armed Forces; and for other purposes.

HB 1340. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act providing for coverage of certain officers and employees of the State and its political sub divisions under Social Security, so as to transfer funds from the Con tribution Fund to the Pension Accumulation Fund of the Employees' Retirement System of Georgia; and for other purposes.

HB 1341. By Messrs. Matthews of the 63rd, Collins of the 62nd and Patten of of the 63rd:
A Bill to be entitled an Act to amend an Act providing for forest fire protection, so as to change the provisions relative to funds and agree ments of counties for forest fire protection; and for other purposes.

HB 1342. By Messrs. Knight and Mullinax of the 30th and Bray of the 31st:
A Bill to be entitled an Act to amend an Act creating the office of District Attorney Emeritus and the District Attorney's Retirement Fund of Georgia, so as to change the residence requirements of District Attorneys Emeritus; and for other purposes.

HB 1343. By Messrs. Dean of the 19th, Coney of the 118th, Adams of the 9th and Lowrey of the 9th:
A Bill to be entitled an Act to amend an Act providing revenue and a source of revenue for paying pensions to the firemen of the State of Georgia and creating a fund known as the "Firemen's Pension Fund", so as to increase pension benefits; and for other purposes.

490

JOURNAL OF THE HOUSE,

HB 1351. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish pensions to officers and employees of such cities and for other purposes, so as to change the definition of "monthly earnings", as used in computing benefits, as amended, from the average of the highest 5 years' salary to the average of the highest 3 years' salary; and for other purposes.

HB 1352. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act relating to pensions for members of the police department in certain cities, so as to change the definition of "monthly earnings"; and for other purposes.

HB 1353. By Mr. Adams of the 100th:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid Fire Departments in certain cities, so as to change the definition of "monthly earnings"; and for other purposes.

HB 1358. By Mr. Farrar of the 77th: A Bill to be entitled an Act to provide a method of payment to superior court judges emeritus who are requested to serve in certain counties; to provide the method of making such payments by the governing au thorities of such counties; and for other purposes.
HB 1359. By Mr. Farrar of the 77th: A Bill to be entitled an Act to provide for a supplement to the compen sation, expenses and allowances of the judges of the superior court of the Stone Mountain Judicial Circuit; and for other purposes.
Mr. Floyd of the 7th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1134. Do Pass. Respectfully submitted, Floyd of the 7th, Chairman.

THURSDAY, JANUARY 20, 1972

491

Mr. Gaynor of the 88th District, Chairman of the Committee on Banks and Banking, submitted the following report:

Mr. Speaker:

Your Committee on Banks and Banking has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 447. Do Pass.

HB 861. Do Pass.

SB 173. Do Pass by Substitute.

SB 179. Do Pass.

Respectfully submitted, Gaynor of the 88th, Chairman.

Mr. Rainey of the 47th District, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. Speaker:

Your Committee on Game and Fish has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1325. Do Pass.

HB 1324. Do Pass.

Respectfully submitted, Rainey of the 47th, Chairman.

Mr. Pickard of the 84th District, Chairman of the Committtee on Industry, submitted the following report:

Mr. Speaker:

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

HB 1299. Do Not Pass.

HB 1180. Do Pass.

HB 1179. Do Pass.

Respectfully submitted, Pickard of the 84th, Chairman.

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Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1176. Do Pass.
HB 1175. Do Pass.
HB 999. Do Pass.
Respectfully submitted, Snow of the 1st,
Chairman.

Mr. Roach of the 10th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr.-Speaker:
Your Committee on Special Judiciary has had under consideration the follow ing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1119, Do Pass, as Amended. HB 1188. Do Pass, as Amended. HB 749. Do Pass.
Respectfully submitted, Roach of the 10th, 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 549-1256. Do Pass. HB 1209. Do Pass. HB 1253. Do Pass.

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493

HB 1256. Do Pass. HB 1260. Do Pass. HB 1261. Do Pass.
HB 1263. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman.

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

HB 1209. By Messrs. Housley, Wilson, Howard, Kreeger, McDaniell and Atherton of the 117th:
A Bill to be entitled an Act to create the Cobb County Law Enforce ment Study Commission; and for other purposes.

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

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

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

HB 1253. By Messrs. Snow, Clements and Hays 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 110, nays 0.

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

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HB 1256. By Messrs. Miles, Cheeks and Mulherin of the 78th, Connell and Dent of the 79th, Smith and Sherman of the 80th:
A Bill to be entitled an Act to create the Pine Hill Water and Sewerage Authority in Richmond 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 1260. By Messrs. Scarborough of the 81st, Miller of the 83rd, Coney of the 82nd and others:
A Bill to be entitled an Act to amend an Act reenacting the charter of the City of Macon, so as to change the provisions relating to the dis ability of the Macon Fire and Police Department Employees' Retirement System; and for other purposes.

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

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

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

HB 1261. By Messrs. Davis of the 86th, Berry of the 85th, Pearce of the 84th and others:
A Bill to be entitled an Act to amend the Charter of Columbus, a con solidated city-county government; defining a method for allowing a reasonable estimate of cash revenues budgeted to be made for delinquent taxes and other uncollectibles; and for other purposes.

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

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

THURSDAY, JANUARY 20, 1972

495

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

HB 1263. By Messrs. Buck of the 84th, Thompson of the 85th, Pearce of the 84th and others:
A Bill to be entitled an Act to amend the Charter of Columbus, a con solidated city-county government, this amendment establishing qualifi cations of 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.

HR 549-1256. By Mr. Wheeler of the 57th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Pierce County to license and regulate businesses in the unincorporated areas of Pierce County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Commissioners of Pierce County is hereby au thorized and empowered to levy, assess, and collect a license fee from any person, firm, or corporation, except those subject to regulation by the State Public Service Commission, who may main tain a place of business or who may in any manner engage in any type of business in any area of Pierce County outside the incor porated limits of municipalities. To provide for public welfare, health and security of the people of Pierce County, the Board shall have the right to regulate and exercise police powers over any businesses operated within the unincorporated areas of said county, except those subject to regulation by the State Public Service Commission, and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any regulations adopted by the Board shall constitute a misde-

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meaner punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to autho rize and empower the Board-of Commissioners of
NO ( ) Pierce County to license and regulate businesses in the unincorporated areas of Pierce County?"

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

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

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle 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 Dailey Daugherty Davis, W. Dean, N. Dent Dorminy Edwards
' Egan Evans Ezzard Felton Floyd, L. R. Eraser

Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Gunter Ham Hamilton Harris 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 Knig-ht Knowles Kreeger Lane, Dick

THURSDAY, JANUARY 20, 1972

497

Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Marcus Matthews, C. Maxwell McCracken McDaniell McDonald Melton Miles Miller
Moore Morgan Moyer Mulherin Mullinax Nessmith Northcutt Nunn
Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pinkston

Potts Rainey 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 Triplett
Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs. :

Barfield Bell Bennett, J. T. Cook Davis, E. T. Dean, Gib Dean, J. E. Dixon Drury Farrar Floyd, J. H. Granade Harrington

Harrison Hawes Hill, G. Lambert Larsen, W. W. Lowrey Mason Matthews, D. R. Mauldin Merritt Milford Murphy Noble

Odom Phillips, L. L. Pickard Poole Reaves Russell, W. B.
Savage Stephens Thompson Toles Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 157, nays 0.

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

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

SR 208. By Senators Plunkett of the 30th, Webb of the llth and McDuffie of the 19th:
A Resolution commending the Carrollton High School Trojan football team; and for other purposes.

SR 209. By Senators Plunkett of the 30th, Webb of the llth, and McDuffie of the 19th:
A Resolution commending the Bowdon High School "Red Devil" football team; and for other purposes.

SR 210. By Senators Plunkett of the 30th, Walling of the 42nd, Garrard of the 37th and others:
A Resolution expressing sympathy at the passing of Robert Tyre "Bobby" Jones, Jr.; and for other purposes.

SR 211. By Senators Plunkett of the 30th, Webb of the llth, and McDuffie of the 19th:
A Resolution commending J. Ferrell Drummond as a Georgia's Teacher of the Year for 1972; and for other purposes.

SR 233. By Senator Kidd of the 25th:
A Resolution urging the people of this state to sign the petition entitled "STOP DRUGS AT THE SOURCE", and for other purposes.

SR 238. By Senators Broun of the 46th and Coggin of the 35th:
A Resolution commending the University of Georgia football team for their outstanding 1971 football season; and for other purposes.

THURSDAY, JANUARY 20, 1972

49&

SR 241. By Senator Jackson of the 16th: A Resolution commending Dr. Charles H. Best; and for other purposes.

Mr. Gunter of the 6th moved that the House reconsider its action in failing to give the requisite two-thirds constitutional majority to the following Resolution of the House:

HR 118-283. By Mr. Gunter of the 6th: A Resolution proposing an amendment to the Constitution so as to change the qualifications for service as grand jurors; to provide that there shall be but one jury box for each county; and for other purposes.
The motion prevailed and HR 118-283 was reconsidered.
The following Resolutions of the House and Senate were read and adopted:

HR 577. By Mr. Housley of the 117th:
A RESOLUTION
Commending Honorable William J. (Joe) Jenkins, Jr.; and for other purposes.
WHEREAS, Mr. William J. (Joe) Jenkins, Jr. is an outstanding citizen of Cobb County; and
WHEREAS, he has made a valuable contribution to his community by serving as Justice of the Peace of Gritters Militia District for many years; and
WHEREAS, his duties have required him to spend many nights without sleep or rest in his determined effort to render service to his fellow man.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this Body does hereby commend and con gratulate Mr. William J. (Joe) Jenkins, Jr. for performing the duties of his office in such a fine and gentlemanly manner.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to Honorable William J. (Joe) Jenkins, Jr.

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HR 578. By Messrs. Levitas, Thomason, Russell and Farrar of the 77th, Larsen of the 113th and others:

A RESOLUTION

Expressing appreciation to Georgia State University and the Urban Life Center thereof; and for other purposes.

WHEREAS, during the interim between the 1971-72 Session of the Georgia General Assembly, the Standing Committee of the House of Representatives on State Planning and Community Affairs undertook an ambitious program of interim work in preparation of a legislative program for the current Session of the General Assembly; and

WHEREAS, through the generosity and cooperation of Georgia State University and, in particular, the Urban Life Center, under the very able and talented direction of Dean Alex Lacy, members of the staff of the Urban Life Center were assigned to subcommittees of the Standing Committee in order to assist the subcommittees in their studies and deliberations; and

WHEREAS, in recent times, a commitment of this magnitude to a committee by a unit of the University System has been unprecedented; and

WHEREAS, without the assistance of Professor Don Spicer, Pro fessor Howard Openshaw, Professor Bill McMurry, Professor Arthur Schreiber, and graduate students David Baird, Mimi Salkin, George Robinson, Jack Harris, Bob Foss, Howard Pinkster, and Chris Perrin, it would have been impossible to have accomplished and completed the undertakings of the Committee; and

WHEREAS, the talent and expertise of these individuals were of incalculable aid to the members of the Standing Committee on State Planning and Community Affairs.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express to Georgia State University and, in particular, Dean Alex Lacy, its deepest and sincerest appreciation for the valuable assistance rendered to the mem bers of the Standing Committee on State Planning and Community Af fairs during the course of the Committee's interim study.

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 all members of the Board of Regents, Chancellor of the University System, President of Georgia State University, Dean Alex Lacy, and to each and every member assigned to said Committee.

THURSDAY, JANUARY 20, 1972

501

HR 579. By Mr. Housley of the 117th:

A RESOLUTION

Commending Reverend Paul O. Kapperman; and for other purposes.

WHEREAS, Reverend Paul 0. Kapperman is an outstanding citizen of Cobb County; and

WHEREAS, he has made a valuable contribution to his community by serving as Pastor of the Covenant Presbyterian Church for many years; and

WHEREAS, his duties have required him to work many hours beyond the regular work day in his determined effort to render service to his fellow man.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and con gratulate Reverend Paul O. Kapperman for performing his duties in such a fine and gentlemanly manner.

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 Reverend Paul O. Kapperman.

HR 580. By Messrs. Whitmire, Williams and Wood of the llth and Groover of the 27th:
A RESOLUTION
Expressing sympathy at the passing of Chief Deputy Bill Cantrell of Forsyth County; and for other purposes.
WHEREAS, the State has suffered a great loss in the tragedy in Forsyth County by losing such upstanding and loyal citizens; and
WHEREAS, Georgians in all walks of life mourn the passing of Chief Deputy Cantrell, but take pride in the memory of the high ideals which he exemplified; and
WHEREAS, he was very active in the religious, civic and public affairs of his county and was well-liked by everybody in the community; and
WHEREAS, the many outstanding contributions made by this distinguished and outstanding citizen will be sorely missed by the people of Forsyth County; and
WHEREAS, the passing of Chief Deputy Cantrell should alert this

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body to the great task it has in developing respect for law and order and in affording law enforcement officers maximum protection.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body hereby join with all persons everywhere in expressing their deepest and most pro found regrets at the passing of Chief Deputy Bill Cantrell of Forsyth 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 the family of Chief Deputy Bill Cantrell.

HR 581. By Mr. Egan of the 116th:
A RESOLUTION
Commending and congratulating the Westminster "Wildcats" for winning the Class AA Football championship; and for other purposes.
WHEREAS, the Westminster "Wildcats" were the winners of the State Class A A football championship for the year 1971; and
WHEREAS, fine coaching, outstanding ability, team cooperation and community pride and support were the factors contributing to the outstanding success of the Westminster "Wildcats" football team; and
WHEREAS, each member of the team displayed courage, dignity and dedication to the ideals of fair play and sportsmanship; and
WHEREAS, the Head Coach of this fine football team is Charlie Brake; and
WHEREAS, it is the desire of the members of this body to recog nize the outstanding accomplishments of this amazing football team.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE that this body does hereby commend and congratulate the members, coaches, trainers and managers of the Westminster "Wildcats" for winning the State Class AA football championship for the year 1971.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward appropriate copies of this Resolution to Dr. William Pressley, President, The Westminster Schools, and Head Coach Charlie Brake.

THURSDAY, JANUARY 20, 1972

503

HR 582. By Mr. Toles of the 9th:

A RESOLUTION

Commending Ronnie Ted Shiflett; and for other purposes.

WHEREAS, Ronnie Ted Shiflett, a talented Floyd County youth, has expressed his feelings for what the future holds in a lovely, inspir ing poetic pronouncement; and

WHEREAS, it is only fitting and proper that the words composed by Ronnie Ted Shiflett be dedicated to the world and forever preserved;
and
WHEREAS, what follows is "The New Frontier" by Ronnie Ted Shiflett:
The tides of time are drifting high Above the earth to wash the sky And one by one, each surging wave Shall flow into a twilight bay
The tides of time are drifting high Above the rocks along the shore And one by one, each sweeping wave Shall cleanse the sand forevermore
The tides of time are drifting high Beyond this world of darkening sod To send its spray on yonder shore And wash the face of God
The tides of time are drifting high Beyond the old for a new frontier And every wave shall wash away Every dark and troublesome fear From every weary heart that hears, The tides of time are drifting high--

NOW THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby commends Ronnie Ted Shiflett for his inspiring work.
BE IT FURTHER RESOLVED that the clerk of the House trans mit a copy of this Resolution to Ronnie Ted Shiflett, Central State Hos pital, Milledgeville, Georgia.

HR 583. By Messrs. Whitmire, Williams and Wood of the llth:
A RESOLUTION
Expressing regrets at the passing of Mr. Larry Mulkey; and for other purposes.

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JOURNAL OF THE HOUSE,

WHEREAS, the terrible tragedy that struck the law enforcement officers of Forsyth County has touched all Georgians; and

WHEREAS, Mr. Larry Mulkey served as a Special Deputy, and at night he accompanied other officers on their rounds; and

WHEREAS, he repeatedly and without thought for his own per sonal safety risked his own life to protect the lives and property of the citizens of Forsyth County; and

WHEREAS, Larry Mulkey was extremely well-liked and highly regarded by residents of Forsyth County, and his contributions to the community will be sorely missed; and

WHEREAS, Larry's dedication to his duties as Special Deputy should be an inspiration to all Georgians in developing respect for law and order.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this body does hereby express its
deepest and sincerest regrets at the passing of Mr. Larry Mulkey of Forsyth 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 the family of Mr. Larry Mulkey.

HR 589. By Messrs. Lane and Nessmith of the 44th, Matthews of the 63rd, Smith of the 53rd, Brantley of the 52nd, Conger of the 68th and others:
A RESOLUTION
Inviting Honorable George Wallace to address a joint session of the Senate and House of Representatives; and for other purposes.
WHEREAS, Honorable George Wallame, Governor of the State of Alabama, is seriously considering seeking nomination as the candidate of the Democratic Party for the Presidency of the United States; and
WHEREAS, many citizens of the State of Georgia and members of the General Assembly agree with the political beliefs of Honorable George Wallace; and
WHEREAS, it would be a great honor for the General Assembly and the State of Georgia for this outstanding American to address a joint session of the Senate and House of Representatives.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Honorable George Wallace, Governor of

THURSDAY, JANUARY 20, 1972

505

Alabama, is hereby invited to address a joint session of the Senate and House of Representatives on the 24th day of February, 1972.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Honorable George Wallace, Gov ernor of Alabama.

The Speaker appointed as a Committee of Escort on the part of the House the following members thereof:
Messrs. Collins of the 62nd, Floyd of the 7th, Groover of the 27th, Johnson of the 29th, Lane of the 44th, Matthews of the 63rd, Murphy of the 19th, Nessmith of the 44th, Black of the 45th and Dailey of the 53rd.

SR 208. By Senators Plunkett of the 30th, Webb of the llth and McDuffie of the 19th:
A RESOLUTION
Commending the Carrollton High School "Trojan" football team; and for other purposes.
WHEREAS, on December 11, 1971, the Carrollton High School "Trojan" football team won the State Class A Football championship; and
WHEREAS, this outstanding victory was the third State cham pionship won by the "Trojans" under the direction of Coach Charles Grisham; and
WHEREAS, during the 1971 football season the "Trojan" football team has compiled an outstanding record of victories and the members of this team have displayed amazing offensive and defensive talents; and
WHEREAS, a combination of fine coaching, outstanding athletic ability, team cooperation and community pride and support contributed to the outstanding success of the "Trojan" football team; and
WHEREAS, the member of this team have consistently exhibited their outstanding sportsmanship during the course of this long and arduous football season.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Carrollton High School "Trojan" football team is hereby commended and congratulated for winning the State Class A football championship.

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BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this Resolution to Coach Charles Grisham, to each Assistant Coach, to the Principal of Carrollton High School, to the Librarian of Carrollton High School, and to the Captain and Co-captains of the Carrollton High School "Trojan" football team.

SR 209. By Senators Plunkett of the 30th, Webb of the llth and McDuffie of the 19th:
A RESOLUTION
Commending the Bowdon High School "Red Devil" football team; and for other purposes.
WHEREAS, on December 10, 1971, the Bowdon High School "Red Devil" football team won the State Class B football championship: and
WHEREAS, the admirable record compiled by this team during the 1971 football season can only be attributed to the outstanding dedica tion, drive, and outstanding physical conditioning of the members of the team, and to the outstanding coaching ability of the "Red Devil" coaching staff; and
WHEREAS, the "Red Devil" football team has brought honor to their community and State by the quality of their athletic ability and by fine sportsmanship which they have exhibited during the 1971 season.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the Bowdon High School "Red Devil" football team is hereby commended and congratulated on winning the State Class B football championship.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Coach and each Assistant Coach of the Bowdon High School "Red Devil" football team, the Principal and the Librarian of Bowdon High School and to the Captain and Co-captains of the "Red Devils" of Bowdon High School.

SR 210. By Senators Plunkett of the 20th, Walling of the 42nd, Garrard of the 37th and others:
A RESOLUTION
Expressing sympathy at the passing of Robert Tyre "Bobby" Jones, Jr.; and for other purposes.
WHEREAS, on Saturday, December 18, 1971, the State of Georgia

THURSDAY, JANUARY 20, 1972

507

lost one of its most distinguished citizens and outstanding sportsmen in the passing of Robert Tyre "Bobby" Jones, Jr.; and

WHEREAS, during his 69 years, his dedication to golf and his matchless ability at the game which he loved so well have served as an inspiration to all who have pursued this sport; and

WHEREAS, in a golden span of four months in the depression year of 1930, he won the British Amateur for the first time, the British Open for the third time, the U. S. Open for the fourth time and the U. S. Amateur for the fifth time; and

WHEREAS, in 111 years of tournament golf no one has equaled his fantastic performance in winning the Grand Slam; and

WHEREAS, the Atlanta amateur stunned the world of golf by winning 13 major titles in less than seven years; and

WHEREAS, during the last nine years he played, before retiring from tournament golf at the age of 28, he entered 12 national open tournaments and finished first or second in 11 of the 12 tournaments; and

WHEREAS, while competing on five of the first six U. S. Walker Cup teams he did not lose a single point, and was the Captain of the 1928 and 1930 Walker Cup teams; and

WHEREAS, Robert Tyre "Bobby" Jones, Jr. was born on March 17, 1902, in Atlanta, the son of Robert P. and Clara Jones; and

WHEREAS, he graduated from Tech High School, received a Bache lor of Science degree in mechanical engineering from Georgia Tech, a Bachelor of Science degree from Harvard University and studied law at Emory University, passing the bar examination in 1928; and

WHEREAS, he served his country with distinction during World War II, serving as an intelligence officer with the U. S. Ninth Air
Force in England and Normandy, and was promoted to Lieutenant Colonel in recognition of his outstanding leadership abilities; and

WHEREAS, he was one of the founders of the Augusta National Golf Club and assisted in the design of its course; and
WHEREAS, he was an outstanding member of the State Bar of Georgia, the American Bar Association, the Atlanta Bar Association, the Lawyers Club of Atlanta, Phi Delta Phi fraternity and numerous other legal, social and athletic organizations; and
WHEREAS, he was a dedicated husband and the father of three outstanding children; and
WHEREAS, as the late President Dwight D. Eisenhower once said,

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he was a man whose warmth came from his "unselfishness, superb judg ment, nobility of character and unwavering loyalty of principle"; and

WHEREAS, his fame as a golfer was transcended by his inestimate qualities as a human being; and

WHEREAS, this State has suffered an irreparable loss with the passing of this distinguished Georgian.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby express their deepest and most sincere regrets at the passing of Robert Tyre "Bobby" Jones, Jr., and do hereby extend their deepest regrets to his wife, his children and the other members of his family.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this Resolution to Mrs. Robert T. Jones, Jr., Mr. Robert T. Jones, III, Mrs. Carl Hood, Jr., Mrs. Clara J. Black and to other members of the
Jones family.

SR 211. By Senators Plunkett of the 30th, Webb of the llth and McDuffie of the 19th:
A RESOLUTION
Commending J. Ferrell Drummond; and for other purposes.
WHEREAS, J. Ferrell Drummond has earned the distinction of be ing selected as Georgia's Teacher of the Year for 1972 and represents the hundreds of fine teachers in Georgia; and
WHEREAS, Mr. Drummond has devoted ten years of his life toteaching, seven to teaching English to the gifted in Carrollton, Georgia; and
WHEREAS, this outstanding young educator holds himself account able to his students, his community, his profession and himself and looks upon teaching as a challenge; and
WHEREAS, it is significant that for three years in succession he was selected as the STAR teacher by students and has been named Out standing Young Educator by the Jaycees, nominated as the Carrollton Man of the Year and was Carrollton Teacher of the Year in 1970; and
WHEREAS, Ferrell Drummond, by his true devotion and outstand ing service to public education in Georgia, has helped insure a quality education for the young people who sit in his classroom.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA that this body commends

THURSDAY, JANUARY 20, 1972

509

and congratulates Ferrell Drummond for his interest in Georgia's youth and for being selected as the State's top teacher for 1972.

BE IT FURTHER RESOLVED that the Secretary of the Senate transmit a copy of this resolution to Mr. Drummond; to the Georgia State Board of Education; to the State Superintendent of Schools; to the Superintendent of Schools, Carrollton City School System; to the Principal, Carrollton High School, Carrollton City School System; and to the Library of the Carrollton High School, Carrollton City School System.

SR 233. By Senator Kidd of the 25th:
A RESOLUTION
Urging the people of this State to sign the petition entitled "STOP DRUGS AT THE SOURCE"; and for other purposes.
WHEREAS, the incidence of drug abuse in Georgia has increased drastically in the last few years; and
WHEREAS, it is incumbent upon the good citizens of this State to organize against this massive drug problem; and
WHEREAS, the only possible solution to the illegal drug problem is to stop illegal drugs at the source; and
WHEREAS, the time has come for the people and governmental bodies of this State to join and use all resources necessary to stop drugs at the source.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that we do hereby declare that illegal drugs must be stopped at the source, and do hereby urge all citizens of the State of Georgia to sign the petition entitled "STOP DRUGS AT THE SOURCE."
BE IT FURTHER RESOLVED that we do hereby urge the State legislatures in all of our sister states and our Congressmen and Senators to enact and support similar resolutions.

SR 238. By Senators Broun of the 46th and Coggin of the 35th:
A RESOLUTION
Commending the University of Georgia football team for their outstanding 1971 football season; and for other purposes.
WHEREAS, the University of Georgia Bulldogs experienced one

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of their most successful football seasons during 1971, compiling an amazing record of ten victories in regular season play; and

WHEREAS, under the outstanding direction of Coach Vince Dooley the Bulldogs displayed amazing teamwork, completing the season as, one of the top ten rated teams in the nation; and

WHEREAS, numerous members of this great team have received national recognition for their outstanding performances and their of fensive and defensive talents over the past season; and

WHEREAS, appearing before a capacity crowd and on national tele vision, the Bulldogs of the University of Georgia defeated the University of North Carolina in the 27th annual Gator Bowl game on December 31,. 1971; and

WHEREAS, the fine athletic talents and abilities demonstrated by the distinguished young men comprising the University of Georgia foot ball team have focused the attention of the nation on the outstanding attributes of the University of Georgia and has brought honor and distinction to the State of Georgia; and

WHEREAS, it is only fitting and proper that this body recognize the accomplishments of Coach Vince Dooley, his outstanding coaching staff, and each member of the 1971 University of Georgia football team.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby extend to Coach Vince Dooley, his coaching staff, and each member of the University of Georgia football team, and to all those connected with the athletic program of the University of Georgia, their heartiest con gratulations for a magnificent football season.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this Resolution to the Honorable Fred Davison, President of the University of Georgia, Athletic Director Joel Eaves, and to Coach Vince Dooley, who shall receive the Resolution on behalf of himself, his coaching staff and the members of the University of Georgia football team.

SR 241. By Senator Jackson of the 16th:
A RESOLUTION
Commending Dr. Charles H. Best; and for other purposes.
WHEREAS, Dr. Charles H. Best has served the medical profession with unusual distinction, and has been an influential figure for over half a century; and
WHEREAS, Dr. Best, of Toronto, Ontario, Canada, was directly responsible for the discovery of insulin in 1921; and

THURSDAY, JANUARY 20, 1972

511

WHEREAS, during the succeeding fifty years, he played a leading role in the subsequent research that permitted production of sufficient amounts of insulin to save and prolong the lives of millions of people with diabetes mellitus; and

WHEREAS, he has shared his remarkable knowledge and wisdom and has trained many investigators, clinicians and teachers who are working in many countries; and

WHEREAS, his faith, courage, dedicated work and endurance to overcome obstacles have been an inspiration to physicians and pa tients throughout the world.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby con sider it a rare privilege and take great pleasure in welcoming Dr. Charles H. Best to the State of Georgia and do hereby commend Dr. Best on his outstanding achievements and many contributions to people throughout the world. All Georgians, especially 25,000 Georgians who are dependent on the availability of insulin for their lives, are honored to have Dr. Best visit with us during the fiftieth anniversary year of the discovery and first clinical use of insulin.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Dr. Charles H. Best.

The following Resolution of the House was taken up for consideration:
A RESOLUTION
' "" Amending the Rules of the House of Representatives; and for other purposes.
BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the Rules of the House are hereby amended by adding at the end of Rule 123 the following:
"No such bill or resolution shall be introduced after the 30th day of any regular session except upon the affirmative vote of three-fifths of the members present, provided a quorum is present." so that when so amended Rule 123 shall read as follows:
"Rule 123. No bill or resolution requiring the concurring vote of the Senate for passage shall be introduced unless the same shall have been filed in the office of the Clerk not later than one hour after the time of adjournment on the previous day.
No such bill or resolution shall be introduced after the 30th day of any regular session except upon the affirmative vote of threefifths of the members present, provided a quorum is present."

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JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, G. D. Alexander, W. H. Alien Atherton Bell Bennett, Tom Berry Black Blackshear Bond Bostick Bowen 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, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. 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 Gunter Ham Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger
Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.
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 Mover Mulherin Mullinax Nessmith Noble Northcutt Nunn Oxford Patterson Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland

Sweat Thompson Toles Townsend Triplett Tripp

THURSDAY, JANUARY 20, 1972

513

Turner Wamble Ware Wheeler, Bobby Wheeler, J. A.

Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, John Adams, Marvin Alexander, W. M. Barfield Battle Bennett, J. T. Bohannon Burruss Chance Collins, M.

Davis, W. Drury Edwards Ezzard Groover Harrison Jessup Matthews, D. R. Morgan

Murphy Odom Patten Peters Pickard Russell, W. B. Stephens Thomason Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 166, nays 0.

The Resolution was adopted.

The following Resolutions of the House were read and referred to the com mittees :

HR 590. By Messrs. Dailey of the 53rd, Rush of the 51st, Jones of the 87th, Potts of the 30th and Black of the 45th:
A RESOLUTION
Creating the Penal Institutions Study Committee; and for other purposes
WHEREAS, there has been considerable publicity concerning the operation of county work camps; and
WHEREAS, the construction of regional penal facilities seems to be a new trend in this State and needs further consideration; and
WHEREAS, it is the desire of the members of this body to stay abreast of the activities in all of the penal systems of the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP

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REPRESENTATIVES that there is hereby created the Penal Institu tions Study Committee to be composed of the members of the Penal Institutions Subcommittee of the Standing State Institutions and Property Committee of the House of Representatives. The Committee shall be authorized to investigate and inspect the facilities of any county work camp, State work camp and penal institution in the State of Georgia. The Director of the Board of Corrections is hereby au thorized and directed to cooperate to the fullest extent with the Com mittee during its deliberations. The Committee may hold such meet ings at such places and at such times as it considers expedient and may do all other things consistent with this Resolution which are necessary or convenient to enable it to fully and adequately exercise its powers, perform its duties and accomplish the objectives and purposes of this Resolution. The members of the Committee shall receive the allowances authorized for legislative members of interim legislative committees but shall receive the same for no more than ten days, unless an extension is granted by the Speaker. The funds necessary to carry out the pur poses of this Resolution shall come from the funds appropriated to or available to the legislative branch of the government.
Referred to the Committee on State Institutions and Property.

HR 591. By Mr. Housley of the 117th:
A RESOLUTION
Urging the Congress of the United States to enact safety regula tions pertaining to the manufacture of automobiles; and for other pur poses.
WHEREAS, the manufacturers of automobiles are making a de termined effort to comply with safety requirements as set forth in re cent legislation passed by Congress; and
WHEREAS, we applaud the automobile industry and the members of congress for their action in providing safer automobiles for the motoring public; and
WHEREAS, there are many traffic accidents which may be at tributed to the fact that the driver was unfamiliar with the automobile in which he was driving and, in particular, was unfamiliar with the instrument panel and driver control instruments which are almost al ways of different design on most automobiles; and
WHEREAS, many drivers operate more than one individual auto mobile and their reaction is slowed while attempting to adapt to a different control system.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby urge the United States Congress to enact adequate laws to require that automobile manufacturers develop a standardized design for instrument panels

THURSDAY, JANUARY 20, 1972

515

and driver control instruments for installation in all makes of new automobiles.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolu tion to each member of the Georgia delegation in the United States Congress.
Referred to the Committee on Motor Vehicles.

HR 592. By Messrs. Hutchinson of the 61st, Harris of the 10th, Edwards of the 45th, Isenberg of the 67th, Dixon of the 65th, Jones of the 87th and Mrs. Merritt of the 46th:
A RESOLUTION
Relative to poor driving conduct and habits; and for other purposes.
WHEREAS, many drivers either deliberately or through ignorance drive slowly in the fast lane, unnecessarily impeding the flow of traffic, and
WHEREAS, many such drivers deliberately speed up after driv ing slowly while another driver is attempting to pass, causing extreme ly hazardous conditions; and
WHEREAS, many such drivers pull into the main flow of traffic from a side street or road without waiting for the proper time to enter traffic and are violating laws and endangering other drivers in the process; and
WHEREAS, the drivers of tractors and other slow-moving vehicles often do not take the shoulder of the road to allow traffic to flow as required by law; and
WHEREAS, a more vigorous enforcement of the laws against such dangerous conduct is needed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby urge all law enforcement officers of this State to vigorously enforce the laws against the type of driving habits and conduct hereinabove enumerated.
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 Peace Officers As sociation, the Georgia State Patrol and the Georgia Traffic and Safety Council.
Referred to the Committee on Motor Vehicles.

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JOURNAL OF THE HOUSE,

HR 593. By Messrs. Matthews of the 63rd, Collins of the 62nd, Hudson of the 48th, Grantham of the 50th, Nessmith and Lane of the 44th, and Brantley of the 52nd:

A RESOLUTION

Expressing opposition to proposed changes in the Federal Minimum Wage Law; and for other purposes.

WHEREAS, a proposal has been submitted to the Congress of the United States which would increase the minimum wage and decrease the number of man days per quarter used in determining coverage under the Federal Minimum Wage Law; and

WHEREAS, this proposal would bring a large number of family farms within the coverage of the Minimum Wage Law; and

WHEREAS, the family farm is the backbone of American agricul tural production and is a basic element in the free enterprise economic posture of our nation; and

WHEREAS, the proposed changes in the Federal Minimum Wage Law would, if enacted, be extremely detrimental to the family farms
of our nation and would pose a serious threat to the ability of the family farmer to provide his family with an adequate income.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of the United States Senate and House of Representatives representing the State of Georgia are hereby urged to take all actions within their power to defeat the pro posed changes in the Federal Minimum Wage Law or to provide an exemption for those engaged in agricultural pursuits.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Honorable Herman E. Talmadge and Honorable David H. Gambrell, United States Senators, and to Honorable G. Elliott Hagan, Honorable Dawson Mathis, Honorable Jack Brinkley, Honorable Ben B. Blackburn, Honorable Fletcher Thomp son, Honorable John J. Flynt, Jr., Honorable John W. Davis, Honorable W. S. Stuckey, Jr., Honorable Phil M. Landrum and Honorable Robert G. Stephens, Jr., United States Congressmen.
Referred to the Committee on Agriculture.

HR 594. By Mr. Wheeler of the 18th:
A RESOLUTION
Encouraging the rapid development of the School of Optometry in the medical center of the University of Alabama; and for other pur poses.

THURSDAY, JANUARY 20, 1972

517

WHEREAS, the State of Georgia and the entire Deep South region has a severe shortage of health manpower in all categories and partic ularly optometrists; and

WHEREAS, the visual welfare of the public, educability of chil dren, development of precision industry, and safety on the highways are dependent on the availability of excellent optometric services; and

WHEREAS, the State of Georgia at the present time has no train ing facility for optometrists, and the development of such a program
would require a considerable period of time and expenditure of money; and

WHEREAS, the State of Alabama has recently established a new School of Optometry in its medical center at the University of Alabama in Birmingham, and this is the first university program for the study of optometry in the Deep South, which, when fully developed and pro vided with an adequate facility, could serve as a regional resource.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that the members of this body do hereby encourage the rapid development of the School of Optometry in the medical center of the University of Alabama in Birmingham as a re gional resource for the training of optometrists.

BE IT FURTHER RESOLVED that the United States Depart ment of Health, Education and Welfare is hereby urged to facilitate the immediate release of construction matching funds approved under the Health Professions Act or other appropriate legislation to assist in the accomplishment of this goal more quickly.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of this Resolution to the Secretary of the United States Department of Health, Education and Welfare, and to the Governor of the State of Alabama.
Referred to the Committee on Health and Ecology.

HR 595. By Messrs. Edwards of the 45th, Johnson of the 29th, Rush of the 51st, Mauldin of the 12th and others:
A RESOLUTION
Urging the people of this State to sign the petition entitled "STOP DRUGS AT THE SOURCE"; and for other purposes.
WHEREAS, the incidence of drug abuse in Georgia has increased drastically in the last few years; and
WHEREAS, it is incumbent upon the good citizens of this State to organize against this massive drug problem; and

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JOURNAL OP THE HOUSE,

WHEREAS, the only possible solution to the illegal drug problem is to stop illegal drugs at the source; and

WHEREAS, the time has come for the people and governmental bodies of this State to join and use all resources necessary to stop drugs at the source.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP

REPRESENTATIVES that the members of this Body do hereby declare

i

that illegal drugs must be stopped at the source, and do hereby urge

all citizens of the State of Georgia to sign the petition entitled "STOP

DRUGS AT THE SOURCE."

BE IT FURTHER RESOLVED that this Body does hereby urge all sister states and our leaders in Washington to enact and support similar resolutions.
Referred to the Committee on Health and Ecology.

HR 596. By Messrs. Matthews of the 63rd, Adams of the 39th, Collins of the 62nd and Patten of the 63rd:
A RESOLUTION
Urging the Department of Public Safety to take all actions neces sary to devise a mechanical apparatus for the detection of the presence of drugs in the human body; and for other purposes.
WHEREAS, numerous persons are arrested in the State of Georgia each year for driving under the influence of drugs; and
WHEREAS, it is often difficult to obtain the services of a physician to examine a person suspected of driving under the influence of drugs; and
WHEREAS, people who operate motor vehicles while under the in fluence of drugs produce a particular and significant hazard to the citizens of this State who are engaged in the lawful operation of motor vehicles on the highways of Georgia; and
WHEREAS, a device has been designed and is now in successful operation throughout the State for the detection of alcohol in the blood stream of persons suspected of driving under the influence of intoxi cating liquors.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the members of this body do hereby urge the Department of Public Safety to take all actions within their power to devise a mechanical apparatus for the detection of the presence of drugs in the systems of those persons who are suspected of operating a motor vehicle while under the influence of drugs.

THURSDAY, JANUARY 20, 1972

519

BE IT FURTHER RESOLVED that the Department of Public Safety is hereby urged to contact and cooperate with the Georgia State Board of Pharmacy, medical and pharmacy schools, both within and without the State of Georgia, other law enforcement agencies at both the federal and State levels and any other interested groups, associa tions or organizations for the development of such mechanical devices.

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 Department of Public Safety and the Director of Public Safety.
Referred to the Committee on Motor Vehicles.

HR 597. By Messrs. Dean of the 76th, Noble of the 73rd, Hood of the 99th, Shep herd of the 107th, Stephens of the 103rd and Griffin of the 68th:
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 agricul ture; and
WHEREAS, concentrations of former rural dwellers in urban centers 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 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 deem necessary or desirable. The Committee shall be authorized to study all

520

JOURNAL OF THE HOUSE,

matters relevant to improving the quality of life in rural America, revitalizing 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 members 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 Com mittee shall receive no compensation or expense allowances for their service on the Committee. The funds necessary to carry out the pro visions of this Resolution shall come from funds appropriated or other wise 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 1973, and on said date, said Committee shall stand abolished.
Referred to the Committee on State Planning and Community Affairs.

HR 598. By Messrs. Davis, Wood and Floyd of the 75th, Thomason and Russell of the 77th, Collins of the 72nd, Savage of the 104th, Noble and Bell of the 73rd:
A RESOLUTION
Urging the members of the House of Representatives and Senate whose districts lie totally or partially within the Fourth Congressional District to elect the member of the State Highway Board representing the Fourth Congressional District through the use of an open ballot or a roll call vote; and for other purposes.
WHEREAS, the members of the Georgia House of Representatives and Senate whose districts lie totally or partially within the Fourth Congressional District have been charged with the responsibility of electing a member of the State Highway Board representing the Fourth Congressional District; and
WHEREAS, the election of a highway Board member is an im portant responsibility and duty of the members of the House and Senate; and
WHEREAS, members of the public are entitled to know how their elected Representatives and Senators vote on this important issue.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby urge the members of the House of Representatives and Senate whose districts lie totally or partially within the Fourth Congressional District to elect the member of the State Highway Board representing the Fourth Congressional District through the use of an open ballot or a roll call vote in order that the citizens of the Fourth Congressional District may be fully apprised as to the facts surrounding this important election.

THURSDAY, JANUARY 20, 1972

521

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this resolution to each member of the House of Repre sentatives and Senate of the State of Georgia whose districts lie totally and partially within the Fourth Congressional District.
Referred to the Committee on Highways.

Mr. Rush of the 51st asked unanimous consent that the following Bill of the House be withdrawn from further consideration:

HB 1279. By Mr. Rush of the 51st:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, as amended, so as to allow any member to retire after acquiring 20 years of active full-time service with the State; and for other purposes.

The consent was granted.

Mr. Snow of the 1st moved that the following Bill of the House be withdrawn from the Committee on Judiciary and referred to the Committee on Banks and Banking:

HB 1150. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 113-903, relating to the rules of inheritance, so as to provide for inheritance by the grand mothers and grandfathers of the intestate; and for other purposes.

The motion prevailed.

Mr. Geisinger of the 72nd arose to a point of personal privilege and ad dressed the House.

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

HB 1199. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act establishing the Georgia Peace Officers Standards and Training Council; and for other purposes.

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JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Groover of the 27th moves to amend HB 1199 as follows:

By inserting in Section 2, page 2, lines 1 and 11 between the words "is" and "convicted", the word "finally".

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 Bennett, Tom Berry Black Bohannon Bostick Bo wen Brantley, H. L. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daivs, E. T. Davis, W.

Dean, Gib Dean, N. Dent Dixon Edwards Egan Evans Ezzard Farrar Felton Floyd, L. E. Fraser Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Gunter Ham Harrington Harris Hays Hood Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb

Jones, J. R. Jordan, H. S. 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 McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Mullinax

THURSDAY, JANUARY 20, 1972

523

Nes smith Noble Nunn Oxford Patterson
Patten Pearce
Peters Phillips, L. L. Phillips, W. R.
Pickard Pinkston Poole
Potts Rainey Reaves

Roach Rush
Russell, A. B. Russell, H. P. Russell, W. B. Salem
Scarborough Shepherd
Sherman Sims
Smith, H. R. Smith, J. R.
Smith, V. T. Snow Sorrells Stephens

Strickland Sweat Toles
Tripp Turner
Vaughn Wamble Ware
Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. H. Barfield Bell Bennett, J. T. Blackshear Bond Brantley, H. H. Bray, C. A. Brown, B. D. Buck Collier Cook Daugherty Dean, J. E.

Dorminy Drury Floyd, J. H. Gary Granade Hamilton Harrison Hawes Hill, B. L. Hill, G. Horton Levitas Longino

Milford Murphy Northcutt Odom Phillips, G. S. Ross Savage Shanahan Thomason Thompson Townsend Triplett Mr. Speaker

On the passage of the Bill, as amended, the ayes were 155, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1230. By Messrs. Felton of the 95th, Collins of the 62nd, Phillips of the 50th and others:
A Bill to be entitled an Act to create the Georgia Agrirama Develop ment Authority and empower said Authority with all rights, powers, authority and privileges to maintain said authority; and for other purposes.

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JOURNAL OF THE HOUSE,

The following amendments were read and adopted:

Mr. Conger of the 68th moves to amend HB 1230 by adding in the appropriate place a Section to read as follows:

"Under no circumstances shall the State lease more than a total of 40 acres to said authority."

Mr. Howard of the 117th moves to amend HB 1230 by striking from Section 12 thereof the clause "venue of such actions shall be Ful ton County.", and by adding a period after the word "same" in line 6 of page 9.

Mr. Howard of the 117th moves to amend HB 1230 by striking Section 15, in its entirety and renumbering the remaining Sections ap propriately.

The following amendment was read:
Mr. Larsen of the 42nd moves to amend HB 1230 by renumbering Section 19 as Section 20 and by adding a new Section 10 to read as follows:
"Section 19. Notwithstanding any other provision of this Act, the Authority shall not have any authority under law to receive, administer or expend any State tax funds.";
and by striking paragraph (n) of Section 5.

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

Those voting in the affirmative were Messrs.:

Alexander, W. H. Bennett, Tom Coney, G. D.
Grantham

Hood Hudson, T. Larsen, W. W.
Lee, W. S.

Peters Phillips, W. R.

Those voting in the negative were Messrs.:

Adams, G. D., Jr. Alien Atherton Battle Bell 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 Chance Chandler Clements Cole Collier Collins, S. Colwell Coney, J. L. Conger Connell Dailey Davis, E. T. Davis, W. Dent Dixon Dorminy Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Greer Griffin Groover Ham Harrington Harris Hays Hill, G. Horton

THURSDAY, JANUARY 20, 1972

525

Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, D. Larsen, G. K. Lee, W. J. (Bill) Leggett Levitas 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 Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Pinkston
Potts Rainey Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Snow Sweat Thomason Toles Tripp Turner Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, J. Adams, M. Alexander, W. M. Barfield Bennett, J. T., Jr. Bowen Burruss Chappell Cheeks Collins, M. Cook

Daugherty Dean, G. Dean, J. E. Dean, N. Drury Edwards Gary Gunter Hamilton Harrison Hawes

Hill, B. L. Jones, H. Lane, W. J. Lewis Moore Murphy Northcutt Odom Pickard Poole Reaves

526
Roach Smith, J. R. Smith, V. T. Sorrells

JOURNAL OF THE HOUSE,

Stephens Strickland Thompson Townsend

Triplett Vaughn Williams Mr. Speaker

On the adoption of the amendment, the ayes were 10, nays 104.

The amendment was lost.

The following amendment was read and adopted:

Mr. Bostick of the 63rd moves to amend HB 1230 by striking Section 3 (j) in its entirety and inserting in lieu thereof the following:
(j) The President of the Tift County Chamber of Commerce.

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., Jr. Adams, J. Alexander, W. M. Alien Atherton Battle Bell Bennett, T. Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P.

Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey

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

THURSDAY, JANUARY 20, 1972

527

Greer Griffin Groover Gunter Ham Hamilton Harrington Hays Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, T. Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, D. Lane, W. J. Larsen, G. K. Lee,W.J. (Bill) Leggett

Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, CMatthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Oxford Patterson Patten Pearce Phillips, G. S. Phillips, L. L.

Phillips, W. R. Pinkston 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. Sorrells Strickland Sweat Thomason Thompson Toles Tripp Turner Wamble Ware Wheeler, B. Wheeler, J. A. Whitmire Wilson

Those voting in the negative were Messrs.:

Larsen, W. W. Lee, W. S.

Snow Wood, J. T.

Wood, R. E.

Those not voting were Messrs.:

Adams, M. Alexander, W. H. Barfield Bennett, J. T., Jr. Daugherty Dean, J. E. Drury Edwards Gary Harris

Harrison Hawes Hill, B. L. Jones, H. Murphy Northcutt Odom Peters Pickard

Poole Roach Smith, J. R. Stephens Townsend Triplett Vaughn Williams Mr. Speaker

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

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JOURNAL OF THE HOUSE,

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

Messrs. Snow of the 1st and Gary of the 21st stated that they had been called from the floor of the House when the roll was called on the passage of HB 1230, as amended. They wished to be recorded as voting "aye".

HB 1229. By Mrs. Merritt of the 46th, Messrs. Collins of the 62nd, Nessmith of the 44th, Matthews and Patten of the 63rd and Reaves of the 71st:
A Bill to be entitled an Act to amend Code Title 112, relating to weights and measures, so as to substantially revise, supersede and modernize the laws of this State relating to weights and measures; and for other purposes.

By unanimous consent, further consideration of HB 1229 was postponed until Monday, January 24, 1972, immediately after the period of unanimous consents.

Mr. Savage of the 104th arose to a point of personal privilege and addressed the House.

Mr. Busbee of the 61st moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

FRIDAY, JANUARY 21, 1972

529

Representative Hall, Atlanta, Georgia Friday, January 21, 1972

The House met pursuant to adjournment at 9:30 o'clock, A.M., this day and was called to order by the Speaker.

Prayer was offered by Dr. 0. M. Seigler, Pastor, Clairmont Hills Baptist Church, Decatur, Georgia.

By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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

The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

HB 1371. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act providing a Board of Commissioners for the County of Elbert, so as to authorize the Board

530

JOURNAL OF THE HOUSE,

to establish, operate and maintain a recreation program, recreation areas and recreation facilities for the citizens of Elbert County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation,

HB 1372. 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, McCracken of the 36th and Floyd of the 7th:
A Bill to be entitled an, Act to provide for the reorganization of State Government; and for other purposes.
Referred to the Committee on Rules.

HB 1373. 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 Gist, Chandler of the 34th, Lee of the 21st, Melton of the 32nd, McCracken of the 36th and Floyd of the 7th:
A Bill to be entitled an Act to amend the Executive Reorganization Plan of 1972 so as to provide for the structure of the Executive Branch of State Government; and for other purposes.
Referred to the Committee on Rules.

HR 575-1373. By Mr. Hill of the 97th:
A Resolution proposing an amendment to the Constitution so as to provide that any group of citizens of Fulton County who constitute at least 60% of the population of a given area may petition to have said area of land zoned R-Z which shall restrict the use or development of the area to single family residences and to provide for procedures in connection therewith; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 576-1373. By Mr. Howell of the 60th:
A Resolution proposing an amendment to the Constitution so as to au thorize the City of Blakely to own and operate facilities from which alcoholic beverages may be sold at retail to the public; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

FRIDAY, JANUARY 21, 1972

531

HB 1374. By Messrs. Pinkston of the 81st, Felton of the 95th, and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 113-903, relating to the rules of inheritance, so as to provide that grandparents stand next in degree and shall inherit equally in the absence of the father and mother and brothers and sisters; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1375. By Messrs. Pinkston of the 81st, Felton of the 95th, and Howard of the 117th:
A Bill to be entitled an Act to repeal Code Section 113-107, relating to charitable devices; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1376. By Messrs. Pinkston of the 81st, Felton of the 95th, and Howard of the 117th:
A Bill to be entitled an Act to amend an Act relieving certain national banking associations, State banks and trust companies from furnishing security or sureties on bonds executed as administrators, so as to relieve certain financial institutions from furnishing security or sureties unless the instrument under which it qualified provides that it shall give bond; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1377. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 113-2004, relating to compensation allowable to administrators and executors for the de livery of property in kind, so as to provide that commissions shall be allowed to administrators and executors for delivering over any property in kind in the discretion of the ordinary; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1378, By Messrs, Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to authorize administrators, executors, guardians, trustees and other fiduciaries to acquire, invest, reinvest, exchange, retain, sell and manage property for the benefit of another in a fiduciary capacity; and for other purposes.
Referred to the Committee on Banks and Banking.

532

JOURNAL OF THE HOUSE,

HB 1379. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 49-115, relating to additional bond of special guardian, so as to give the ordinary dis cretionary authority to accept a commercial bond for the value of the estate in lieu of a bond of an individual for double the value of the estate; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1380. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 49-113, relating to the bond and oath or affirmation of a guardian, so as to give the ordinary discretionary authority to accept a commercial bond for the value of the estate in lieu of the bond of an individual for double the value of the estate; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1381. By Messrs, Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 113-1217, relating to bonds of administrators, so as to give the ordinary discretionary au thority to accept a commercial bond for the value of the estate in lieu of the bond of an individual for double the value of the estate; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1382. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Chapter 113-8, relating to devises and legacies, so as to permit a person who is an heir, devisee, person succeeding to a renounced interest, beneficiary under a testa mentary instrument, to renounce in whole or in part the succession to any property or interest therein; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1383. By Messrs, Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Title 113, relating to wills, descent, and administration of estates, so as to reduce the time within which an administrator shall ascertain the condition of the estate; and for other purposes.
Referred to the Committee on Banks and Banking.

FRIDAY, JANUARY 21, 1972

533

HB 1384. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 49-223, relating to commissions, extra compensation and traveling expenses of guardians, so as to provide for compensation to guardians for delivery of property in kind; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1385. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to permit the trustees or other person or body entrusted with the power to invest the assets of any public retire ment, pension or emeritus system created under the laws of Georgia to require the records of such agent to clearly show the capacity in which such securities are held; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1386. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to paving of unpaved streets; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1387. By Mr. Davis of the 86th:
A Bill to be entitled an Act to provide that no policy of insurance shall be issued after the effective date of this Act which provides homeowners broad form coverage which excludes coverage for any motorized vehicle which is not licensed for use upon the public highways; and for other purposes.
Referred to the Committee on Insurance.

HR 584-1387. By Mr. Russell of the 14th:
A Resolution compensating Mr. Gaston Talmadge Rowden; and for other purposes.
Referred to the Committee on Appropriations.

HR 585-1387. By Messrs. Wood, Whitmire and Williams of the llth:
A resolution proposing an amendment to the Constitution so as to provide that the members of the Hall County Board of Education shall be elected by the electors of the County School District, and to provide

534

JOURNAL OF THE HOUSE,

that the School Superintendent shall be appointed by the Board of Education of Hall County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 586-1387. By Messrs. Salem of the 51st, Lewis of the 37th, Miles and Cheeks of the 78th, Keyton of the 70th, Strickland of the 56th, Russell of the 70th, McCracken of the 36th and others:
A Resolution proposing an amendment to the Constitution so as to provide that the Minimum Foundation Program of Education for each local unit of administration shall be paid entirely from State funds; and for other purposes.
Referred to the Committee on Education.

HR 587-1387. By Mr. Grahl of the 40th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Peach County to make grants for purpose of educating or training certain handicapped citizens of Peach County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1388. By Messrs. Ezzard of the 102th, Shepherd of the 107th, Alexander of the 96th, Dean of the 76th, Hood of the 99th, Noble of the 73rd and Savage of the 104th:
A Bill to be entitled an Act to amend Code Chapter 23-23, relating to paupers, so as to provide reimbursement for a county where it expends funds for the burial of paupers under the control of the Board of Corrections; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1389. By Messrs. Cook of the 95th, Smith of the 3rd, Hood of the 75th, Floyd of the 75th, Sims of the 106th, Bray of the 31st, Potts of the 30th and others:
A Bill to be entitled an Act to state the policy of the State relating to habitual offenders against the motor vehicle and traffic laws; to classify certain offenders as habitual offenders; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1390. By Mr. Wamble of the 69th: A Bill to be entitled an Act to amend an Act creating a Small Claims

FRIDAY, JANUARY 21, 1972

535

Court in certain counties, so as to change certain population and United States Census figures and brackets; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1391. By Messrs. Geisinger of the 72nd, Smith of the 3rd, Collins of the 72nd, Ployd of the 75th, Farrar, Russell and Thomason of the 77th:
A Bill to be entitled an Act to amend Code Section 27-902, relating to amount of bail in misdemeanor cases, so as to provide that sheriffs and constables shall release any person charged with the offense of a misdemeanor in this State upon his own recognizance; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1392. By Messrs. Geisinger of the 72nd, Lee of the 61st, Connell of the 79th, Smith of the 3rd, Collins of the 72nd, Floyd of the 75th, Farrar and Russell of the 77th, Lane of the 101st and Adams of the 100th:
A Bill to be entitled an Act to amend Code Chapter 27-9, relating to bail, surrender of principal, and forfeiture of bond, so as to provide that certain classes of persons shall not be eligible for bail; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1393. By Messrs. Gunter of the 6th, Snow of the 1st, Lee of the 61st, Hawes of the 95th, Larsen of the 42nd, Moore of the 6th, Scarborough of the 81st, Bennett of the 71st and others:
A Bill to be entitled an Act to amend an Act to fix the salaries of the judges of the superior courts, so as to provide that the judges of the superior courts shall be authorized to employ secretaries; and for other purposes.
Referred to the Committee on Judiciary.

HB 1394. By Messrs. Brown of the 32nd and Miller of the 83rd:
A Bill to be entitled an Act to provide for the regulation of franchise agreements between petroleum distributors and gasoline dealers; and for other purposes.
Referred to the Committee on Judiciary.

HB 1395. By Messrs, Davis and Wood of the 75th and Jordan of the 74th:
A Bill to be entitled an Act to amend Code Section 109-A-9-404, relat ing to termination statements, so as to change the provisions relative to termination statements; and for other purposes.
Referred to the Committee on Judiciary.

536

JOURNAL OF THE HOUSE,

HB 1396. By Messrs. Cook of the 95th, Wood and Floyd of the 75th, Mrs. Hamilton of the 112th, Messrs. Hawes of the 95th, Marcus of the 105th, Geisinger of the 72nd, Lambert of the 25th and Williams of the llth:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revoca tion of motor vehicle driver licenses, so as to change the fee for certain drivers' licenses; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1397. By Messrs. Cook of the 95th, Wood and Floyd of the 75th, Mrs. Hamilton of the 112th, and Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revocation of motor vehicle driver licenses, so as to increase the mini mum age required of applicants for an operator's license; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1398. By Messrs. Cook of the 95th, Wood and Floyd of the 75th, Mrs. Hamilton of the 112th, Messrs. Hawes of the 95th, and Ham of the 33rd:
A Bill to be entitled an Act to provide that each public high school shall include as a part of its curriculum a course in driver education; and for other purposes.
Referred to the Committee on Education.

HB 1399. By Messrs. Ware of the 30th, Dean of the 19th, Berry of the 85th, Wood of the llth, Gignilliat of the 89th, Hays of the 1st and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act relating to the issuance of certificates of exemption from the payment of professional and semi-professional license taxes to certain disabled veterans, blind per sons and disabled peace-time veterans, so as to provide that any disabled veteran shall be eligible for a certificate of exemption; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

HB 1400. By Messrs, Ware of the 30th, Gignilliat of the 89th, Dean of the 19th, Wood of the llth, Hays of the 1st and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act designating public and legal holidays, so as to change the date for the observance of Veterans' Day; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

FRIDAY, JANUARY 21, 1972

537

HB 1401. By Messrs. Ware of the 30th, Wood of the llth, Hays of the 1st, Moyer of the 41st, Dean of the 19th and Gignilliat of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt from the taxes imposed by said Act the sale of the vehicle to a serviceconnected handicapped veteran for which he received a grant from the Veterans Administration to purchase and specially adapt to his handicap; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

HR 599-1401. By Messrs. Ware of the 30th, Dean of the 19th, Wood of the llth, Berry of the 85th, Moyer of the 41st, Hays of the 1st and Gignilliat of the 89th:
A Resolution proposing an amendment to the Constitution, so as to provide that each disabled veterans who is a citizen and resident of Georgia shall be granted an exemption for all ad valorem taxes on the vehicle he owns and on which he actually places the fee HV vehicle license plates he receives from the State; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.

HB 1402. By Messrs. Rainey of the 47th, Peters of the 2nd and Hays of the 1st: A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commisson, so as to provide for a catch out pond license; and for other purposes.
Referred to the Committee on Game and Fish.
HB 1403. By Messrs. Rainey of the 47th, Peters of the 2nd and Hays of the 1st: A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding, and consolidating the laws relating to the State Game and Fish Commission, so as to authorize the purchase and sale of commercially raised freshwater trout; and for other purposes.
Referred to the Committee on Game and Fish.
HR 600-1403. By Mr. Carter of the 64th: A Resolution compensating Mr. Earl Bruce Shepard; and for other purposes.
Referred to the Committee on Appropriations.
HB 1404. By Messrs. Mullinax of the 30th, Carter of the 64th and Adams of the 9th: A Bill to be entitled an Act to provide that State agencies and depart-

538

JOURNAL OF THE HOUSE,

ments shall not be allowed to prohibit, by rule or regulation, firm or corporation from advertising the retail price of a commodity; and for other purposes.
Referred to the Committee on State of Republic.

HR 601-1404. By Mr. Ham of the 33rd: A Resolution compensating Mr. Harry D. Edge; and for other purposes.
Referred to the Committee on Appropriations,

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

HB 1334. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Elbert County, so as to change the compensation, of said tax commissioner; and for other purposes.

HB 1344. By Messrs. Battle of the 90th, Stephens of the 103rd and Adams of the 100th:
A Bill to be entitled an Act to amend an Act governing membership in labor organizations, so as to provide that employers and labor organize tions authorizing the establishment and collection of a service of rep resentation charge to employees covered by such agreements; and for other purposes.

HB 1345. By Messrs, Savage of the 104th, Adams of the 100th, Lane of the 101st, Alexander of the 96th and Stephens of the 103rd:
A Bill to be entitled an Act to provide for high moral and ethical standards of conduct for State officials; and for other purposes.

HB 1346. By Messrs. Brown of the 32nd and Lowrey of the 9th:
A Bill to be entitled an Act to create the Georgia State Board of Barbers; and for other purposes.

HB 1347. By Messrs. Colwell of the 5th, Hudson of the 48th, Bennett of the 71st, Adams of the 9th and Sorrells of the 24th:
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 fees and provisions relative to said fees; and for other purposes.

FRIDAY, JANUARY 21, 1972

539

HB 1348. By Messrs. Isenberg and Leggett of the 67th:
A Bill to be entitled an Act to provide for law enforcement of officer identification cards; and for other purposes.

HB 1349. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to amend an Act providing how motor cycles shall be operated in this State and providing for certain equip ment and devices for motorcycles and persons riding them, so as to repeal the provisions requiring that persons operating or riding motor cycles shall wear protective headgear complying with standards of the Department of Public Safety; and for other purposes.

HB 1350. By Messrs. Dean of the 19th, Coney of the 118th, and Adams of the 9th:
A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for Public School Employees of the State of Georgia; and for other purposes.

HB 1354. By Mr. Miller of the 83rd:
A Bill to be entitled an Act to amend an Act relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to include practitioners of applied psychology within the provision of this Act; and for other purposes.
HB 1355. By Mr. Miller of the 83rd:
A Bill to be entitled an Act to repeal an Act enlarging the powers of the Georgia Public Service Commission, so as to enlarge the jurisdiction of the Georgia Public Service Commission and authorizing said Com mission to issue certificates of public convenience to associations own ing, leasing, managing or operating a radio utility system as defined in this Act; and for other purposes.
HB 1356. By Messrs. Salem and Rush of the 51st, Lewis of the 37th, Hudson of the 48th, Strickland of the 56th, Grantham of the 55th, Matthews of the 63rd, Harrison of the 58th, Keyton of the 70th and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act known as the "State Office Building Authority Act", so as to provide for the appointment of architects; and for other purposes.
HB 1357. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend an Act revising the adoption laws

540

JOURNAL OF THE HOUSE,

of Georgia, so as to provide that an adopted child may take by inheritance from relatives of the adopting parents; and for other purposes.

HR 569-1357. By Mr. Isenberg of the 67th:
A Resolution compensating Seaboard Construction Company; and for other purposes.

HB 1360. By Messrs. Larsen of the 113th, Wilson and Housley of the 117th, Matthews of the 63rd, Smith of the 3rd, Jones of the 4th, Griffin of the 68th, Dean of the 76th, Noble of the 73rd, Brown of the 32nd, Johnson of the 29th, Horton of the 95th, Mrs. Hamilton of the 112th, and others:
A Bill to be entitled an Act to provide for a Georgia Scenic Rivers System; and for other purposes.

HB 1361. By Mr. Rush of the 51st:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to change the provisions relative to certain districts; and for other purposes.

HB 1362. By Mr. Bailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the mode of compensating the sheriff of Randolph County, known as the fee system, so as to change the compensation of the deputy sheriff; and for other purposes.

HB 1363. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an annual salary, so as to change the compensation of said Sheriff; and for other purposes.

HB 1364. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Calhoun County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.
HB 1365. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the Ordinary of Calhoun County, known as the fee system, and providing in lieu thereof an annual salary for said

FRIDAY, JANUARY 21, 1972

541

officer, so as to change the provisions relative to the compensation of said officer; and for other purposes.

HB 1366. By Messrs. Sims of the 106th, Ham of the 33rd, Isenberg of the 67th and Kreeger of the 117th:
A Bill to be entitled an act to provide that it shall be unlawful to disclose any information relative to the preparation of federal or state income tax returns; and for other purposes.

HB 1367. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County upon an annual salary, so as to change the compensation of the sheriff and certain other personnel within the sheriff's office; and for other purposes.

HB 1368. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act known, as the "Current Income Tax Payment Act of 1960", so as to change the dates and provide the manner for reporting and paying the amount of tax withheld from employees' wages under certain circumstances; and for other purposes.

HR 570-1368. By Messrs. Nunn and Mover of the 41st:
A Resolution compensating Mr. Doyle D. Stokes; and for other pur poses.

HR 571-1368. By Mr. Dailey of the 53rd:
A Resolution creating the Joint Georgia Jail Standards Study Com mittee; and for other purposes.

HB 1369. By Mr. Hutchinson of the 61st:
A Bill to be entitled an Act to amend Code Section 92-3107, relating to Georgia taxable net income, so as to provide that certain military retirement pay shall not be included in Georgia net taxable income; and for other purposes.

HB 1370. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to provide that in each county having a certain population, the sheriff shall be paid on a salary basis instead of on fees; and for other purposes.

542

JOURNAL OF THE HOUSE,

HR 572-1370. By Messrs. Black and Edwards of the 45th:
A Resolution proposing1 an amendment to the Constitution of the State so as to provide for the office of Sheriff of Chattahoochee County; and for other purposes.

HR 573-1370. By Messrs. Black and Edwards of the 45th:
A Resolution proposing an amendment to the Constitution so as to create the Chattahoochee County Airport Authority; and for other purposes.

HR 574-1370. By Mr. Scarborough of the 81st:
A Resolution posthumously awarding a gold medal to Mr. Peter J. Bracken for Valor; and for other purposes.

Mr. Ployd of 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 as Chairman, to report the sameback to the House with the following recommendations:

HR 101- 249. Do Pass.

HR 10- 17. Do Pass, as Amended.

HR 512-1123. Do Pass, as Amended.

HR 57- 135. Do Pass.

HR 62- 141. Do Pass.

HR 173- 521. Do Pass, as Amended.

HR 46- 83. Do Pass.

HR 501-1108. Do Pass.

HR 55- 135. Do Pass, by Substitute.

HR 20- 38. Do Pass.

HR 505-1118. Do Pass.

HR 186- 646. Do Pass.

HR 520-1167. Do Pass.

HR 504-1118. Do Pass.

Respectfully submitted, Floyd of the 7th, Chairman.

FRIDAY, JANUARY 21, 1972

543

Mr. Ware of the 30th District, Chairman of the Committee on Defense & Veterans Affairs, submitted the following report:

Mr. Speaker:

Your Committee on Defense & Veterans Affairs has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 530. Do Not Pass.
Respectfully submitted,
Gignilliat of the 89th,
Secretary.

Mr. Chandler of the 34th District, Chairman of the Committee on State In stitutions & Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions & Property has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1236. Do Pass. HB 1238, Do Pass, HB 1239. Do Pass, HB 1242, 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 has instructed me to report the same back to the House with the following recommendations:
HR 560-1299. Do Pass. HB 1146. Do Pass, as Amended. HB 1249. Do Pass. HB 1301. Do Pass,

544
HB HB HB HB HB HB

JOURNAL OF THE HOUSE,

1310. Do Pass. 1322. Do Pass. 1328. Do Pass. 1330. Do Pass. 1331. Do Pass. 1332. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman.

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

HB 1146. By Messrs. Snow, Hays and Clements of the 1st:
A Bill to be entitled an Act to amend an Act incorporating the City of Rossville, as amended, so as to change the number of councilmen; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs moves to amend HB 1146 by striking the word "be" on line 20, page 2, Section 2, and by inserting in lieu thereof the word "become" so that said line 20 shall read:
"financial matters, and shall become a resident of the City".

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.
HB 1249. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to amend an Act creating a new Board of Education of Gordon County, so as to change the method of electing

FRIDAY, JANUARY 21, 1972

545

members of the Board of Education of Gordon County; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1301. By Messrs, Odoms, Busbee, Hutchinson and Lee of the 61st: A Bill to be entitled an Act to amend an Act empowering the City of Albany to furnish aid and relief and to grant pensions to employees of said City, so as to change the provisions respecting the employment of agents, employees and experts by the Board of Trustees and the City; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1310. By Mr. Russell of the 14th:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Barrow County into the Office of Tax Commission er of Barrow County; to provide for the rights, duties and liabilities of said office; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

546

JOURNAL OP THE HOUSE,

HB 1322. By Messrs. Beimett, Pinkston, Brown and Scarborough of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act reenacting the Charter of the City of Macon, as amended, so as to change the provisions relating to disability retirement dates; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1328. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide a board of commissioners for the County of Elbert, as amended, so as to change the compensation of the chairman of said board of com missioners"; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1330. By Mr. Wheeler of the 18th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and the ordinary of Elbert County upon an annual salary, as amended, so as to to change the compensation of the said officials; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, JANUARY 21, 1972

547

HB 1331. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act changing the compensation of the sheriff of Elbert County from the fee system to the salary system, as amended, so as to change the compensation of the sheriff; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1332. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide a board of commissioners for the County of Elbert", as amended, so as to provide for the powers and duties of the Chairman of the Board; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HR 560-1299. By Messrs. Rush and Salem of the 51st:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the election of the members of the Board of Education of Toombs County; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following paragraph:

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JOURNAL OP THE HOUSE,

"The General Assembly is authorized to provide by law for the

election of the members of the Board of Education of Toombs

'

County by the electors thereof and to provide for all of the necessary

procedures connected therewith, including the qualifications of the

members and the manner in which they shall be elected."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, j;-J Paragraph I of the Constitution of Georgia of 1945, as amended.

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

::

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide for the election of
No ( ) the members of the Board of Education of Toombs County by the people?"

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

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

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H.
Alexander, W. M. Alien A'therton Battle Bell Bennett, Tom Berry Black Bohannon Bostick Bowen Brantley, H. H.

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

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

Evans Ezzard
Felton Floyd, J. H. Fraser Gary Gaynor Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Hamilton
Harringtoii Harris
Hawes Hays
Hill, B. L. HiU, G. Howard Howell
Hudson, C, M. Hudson, Ted Isenberg Jessup Johnson Jones, Herb
Jones, J. R. Jordan Keyton King Knight

FRIDAY, JANUARY 21, 1972

549

Knowles Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S.
Leggett Levitas
Logan Longino Lowrey Marcus Mason Matthews, D. R, Mauldin Maxwell McDaniell McDonald
Melton Miles Milford Moore
Moyer Mulherin Mullinax Nessmith Noble Nbrthcutt Nunn
Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L.

Plnkston Poole Potts
Rainey Reaves
Roach Rosa
Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan
Shepherd Sherman Sims Smith, H, R, Smith, J. R. Smith, V. T. Snow Strickland
Sweat T'oles Triplett Tripp Turner Vaughn
Ware Wheeler, Bobby
Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative was Mr. Kreeger.

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Bond
Brown, B. D. Carr Chandler Cook Dean, J. E. Drury Farrar
Floyd, J. R. Geisinger

Harrison
Hood Horton Housley
Hutchinson Lambert
Larsen, W. W. Lewis Matthews, C. McCracken Merritt Miller Morgan

Murphy Odom Phillips, W. R. Pickard Rush Salem Sorrells Stephens Thomason Thompson
Town send Wamble
Mr. Speaker

550

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 155, nays 1.

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

Mr. Salem of the 51st stated that he had been called from the floor of the House when the roll was called on the adoption of the Resolution, but had he been present would have voted "aye".

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

HB 141. By Mr. Wheeler of the 18th:
A Bill to amend an Act establishing the State Court of Elbert County, so as to change the provisions relating to the salaries of the judge and solicitor; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 759. By Messrs. Davis, Granade, Westlake and Floyd of the 75th, Collins and Geisinger of the 72nd and others: A Bill to amend an Act requiring boards of education of certain counties of this State to publish a summary of all receipts and expendi tures of said boards, so as to require copies of audits of said boards of education to be available for public inspection; and for other purposes.
HB 1109. By Messrs. Mullinax, Ware, Potts and Knight of the 30th: A Bill to amend an Act creating a new charter for the City of LaGrange, so as to extend and increase the corporate limits of the City of LaGrange; and for other purposes.
HB 1110. By Messrs. Ware, Mullinax, Potts and Knight 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.

FRIDAY, JANUARY 21, 1972

651

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

SR 213. By Senator Doss of the 52nd:
A Resolution proposing an amendment to the Constitution so as to provide for the abolition of the office of Coroner of Ployd County and the creation of the office of Medical Examiner of Floyd County; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate,

SB 344. By Senator London of the 50th:
A Bill to amend an Act incorporating the town of Mountain City, as amended, so as to change the term of office of the mayor of said town; and for other purposes.

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

SR 244. By Senator Kidd of the 25th:
A Resolution relating to the coveted O'Connor papers becoming housed at Georgia College; and for other purposes.

By unanimous consent, the following Bill and Resolution of the Senate was read the first time and referred to the committee:

SR 213. By Senator Doss of the 52nd:
A Resolution proposing an amendment to the Constitution so as to provide for the abolition of the office of Corner of Ployd County and the creation of the office of Medical Examiner of Floyd County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 344. By Senator London of the 50th: A Bill to be entitled an Act to amend an Act incorporating the town

552

JOURNAL OF THE HOUSE,

of Mountain City, so as to change the term of office of the mayor of said town; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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

HB 141. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Elbert County, so as to change the provisions relating to the salaries of the judge and solicitor; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act establishing the State Court of Elbert County (formerly known as the City Court of Elberton), approved December 19, 1896 (Ga. Laws 1896, p. 287), as amended, particularly by an Act approved February 6, 1952 (Ga. Laws 1952, p. 2211), so as to change the provisions relating to the salaries of the judge and solicitor; 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 Elbert County (formerly known as the City Court of Elberton), approved December 19, 1896 (Ga. Laws 1896, p. 287), as amended, particularly by an Act approved February 6, 1952 (Ga. Laws 1952, p. 2211), is hereby amended by striking from Section 1 of said amendatory Act the following:
"$200.00 per month"
and substituting in lieu thereof the following:
"$500.00, per month, which shall include compensation for all office expenses,"
so that when so amended Section 1 of said amendatory Act shall read as follows:
"Section 1. Be it enacted by the General Assembly of Georgia, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia approved December 19, 1896, (Acts 1896, p. 287) and all Acts amendatory thereof, shall be

FRIDAY, JANUARY 21, 1972

553

amended by increasing the salary of the judge of said court after the passage and approval of this Act, to the sum of $500.00 per month, which shall include compensation for all office expenses, and to fix same thereat, to be paid to him each month out of the treasury of the County of Elbert."

Section 2. Said amendatory Act is hereby further amended by striking from Section 3 the following:

"$200.00 per month and to fix the said salary at said sum, same to be paid quarterly, but only from the fund of fines and for feitures arising in said court."

and substituting in lieu thereof:

0.00 per month, which shall include compensation for all office expenses, and to fix same thereat, to be paid to him each month out of the treasury of the County of Elbert."

so that when so amended Section 3 shall read as follows:

"Section 3. Be it enacted by the authority aforesaid, and it is hereby enacted by authority of the same, that the Act of the General Assembly of Georgia establishing the City Court of Elberton, in Elbert County, approved December 19, 1896 (Acts 1896, p. 287) and all Acts amendatory thereof, be further amended so as to increase the salary of the solicitor of the said court to the sum of $500.00 per month, which shall include compensation for all office expenses, and to fix same thereat, to be paid to him each month out of the treasury of the County of Elbert."

Section 3. 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 4. 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.

On the motion, the ayes were 110, nays 0.

The motion prevailed and the Senate substitute was agreed to.

The following Resolution of the Senate was read and referred to the Com mittee on University Systems of Georgia:

554

JOURNAL OF THE HOUSE,

SR 244. By Senator Kidd of the 25th:

A RESOLUTION

Relating to the coveted O'Connor papers becoming housed at Georgia College; and for other purposes.

WHEREAS, Miss Flannery O'Connor of Milledgeville, Georgia, was one of the most famous authors of short stories in the history of American literature; and

WHEREAS, some of her more famous works include "A Good Man is Hard to Find", "The Violent Bear it Away", "Everything that Rises Must Converge", and "Mysteries and Manners"; and

WHEREAS, the magnitude of her work was such that already the books and articles of commentary and interpretation run into the hundreds; and

WHEREAS, in her lifetime she was accorded almost every honor that can accrue to a short story writer in this country, including three 0. Henry Memorial Awards, two Kenyon Review Fellowships, and two national grants; and

WHEREAS, since the death of this nationally known author in 1964, there has been an eager interest on the part of a number of universities in acquiring her manuscripts; and

WHEREAS, on January 16, 1972, the papers of the distinguished Georgia writer will be presented by her mother, Mrs. Regina Cline O'Connor, to Georgia College to be held in trust in the Ina Dillard Rus sell Library at Georgia College in Milledgeville; and

WHEREAS, the Alumni Association of Georgia College has under taken the project of preparing, furnishing and decorating the room in which these coveted papers will be housed.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby express their desire to recognize the great literary work of the late Miss Flannery O'Connor, and do hereby express their sincere apprecia tion to Mrs. Regina Cline O'Connor for her gift to Georgia College.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mrs, Regina Cline O'Connor.

Mr. Gaynor of the 88th moved that the following Bill of the Senate be withdrawn from the General Calendar and recommitted to the Committee on Banks and Banking for further study:

FRIDAY, JANUARY 21, 1972

555

SB 179. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-2001, relating to the number, elections, terms of office and vacancies of boards of direc tors of State chartered banks, as amended, so as to change the minimum numbers of directors; and for other purposes.

The motion prevailed.
Mr. Chandler of the 34th asked unanimous consent that the following Bill of the House be withdrawn from the Committee on State Institutions and Property and referred to the Committee on Judiciary:
HB 1240. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd and others: A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the Board of Corrections, so as to establish the crime of possessing a deadly weapon while in the custody of any penal institution or facility; and for other purposes.
The consent was granted.
Mr. Chandler of the 34th asked unanimous consent that the following Bill of the House be withdrawn from the Committee on State Institutions and Prop erty and referred to the Committee on Judiciary:
HB 1243. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd and others: A Bill to be entitled an Act to amend Code Chapter 26-25, relating to obstruction of law enforcement so as to provide a penalty of not less than one nor more than five years for the crime of obstructing a law enforcement officer or other officer of justice in the performance of his duties; and for other purposes.

The consent was granted.

Under the general order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

556

JOURNAL OF THE HOUSE,

SB 238. By Senator Parker of the 31st:
A Bill to be entitled an Act to repeal Code Section 114-403, relating to the right of subrogation by employers and others, as amended; and for other purposes.

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 Bell Bennett, Tom Berry Black Blackshear Bohannon Bond Brantley, H. H, Brantley, H. L. Bray Brown, B. D. Brown, S, P. Buck Burruss Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W.

Dean, Gib Dean, N. Dent Dixon Dorminy Evans Farrar Felton Floyd, J. H. Floyd, L, R, Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Gunter Ham Hamilton Hawes Hays Hill, B. L. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Keyton King Knight

Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett LevitaS Lewis Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell McDonald Miles Moore Mover Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunni Oxford Patterson Pa,tten Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole

Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough

FRIDAY, JANUARY 21, 1972

557

Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R, Smith, V. T. Stephens Strickland Sweat

Thompson Toles Triplett Tripp Turner Wheeler, Bobby Wheeler, J. A. Wilson Wood, R, E.

Those voting in the negative were Messrs.

Brown, C. Harrington Melton

Milford Potts Whitmire

Williams Wood, J. T.

Those not voting were Messrs.:

Alexander, W. H. Barfield Bennett, J. T. Bostick Bowen Busbee Carr Chandler Collier Cook Dean, J. E. Drury Edwards Egan Ezzard

Fraser Gary Granade Harris Harrison Hill, G. Hood Johnson Jordan Lambert Larsen, W. W. Logan Longino Matthews, D. R. McCracken

Merritt Miller Morgan Odom Phillips, W. R. Savage Snow Sorrells Thomason Town send Vaughn Wamble Ware Mr. Speaker

On the passage of the Bill, the ayes were 143, nays 8.

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

HB 944. By Messrs. Hill of the 94th and Jones of the 87th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety for the State of Georgia and providing for the issuance, suspension and revocation of motor vehicle driver licenses, as amended, so as to provide that college students and members of the armed forces may renew their licenses within a period of 180 days prior to the expiration date; and for other purposes.

558

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 114, nays 0.

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

HB 1134. By Messrs. Levitas of the 77th and Floyd of the 7th:
A Bill to be entitled an Act to provide that any State department board, bureau, commission, authority or other State agency intending to apply for Federal assistance under any Federal program shall notify the Legislative Budget Analyst and the State Budget Officer of the intention to apply for such Federal assistance; and for other purposes.

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

On the passage of the Bill, the roll call was ordered and the vote was a. 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

Blackshear

Bohannon

Bond

Bostick

Bowen

Brantley, H. H,

Brantley, H. L.

Bray

;

Brown, B. D.

Brown', C.

Brown, S. P.

Buck

BurrusiS

Busbee Carr Carter Chance Chandler Chaippell Cheeks Clements Cole Collier Cbllins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, W. Dean, N. Dent Dixon DoTminy Drury

Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Granade Granthani Greer Griffin Groover Gunter Ham Hamilton Harrington Harris Hawes Hays Horton

Housley Howard Howell Hudson, C. M. Hudson, Ted Hutching on 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.
JVIauldin

FRIDAY, JANUARY 21, 1972

559

Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Mover Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn
Odom
Patterson
Patten
Pearce
Peters
Phillips, G. S.
Phillips, L. L.
Phillips, W. R.
Pickard
Pinkston
Poole
Potts
Rainey
Reaves

Roach Rosa Rush Russell, A. B. Russell, H. P. Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat
Thompson
Toles
Triplett
Tripp
Turner
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Adams, Marvin Barfield Bennett, J. T. Collins, M. Cook Davis, E. T. Dean, Gib Dean, J. E. Farrar
Gaynor Grahl

Harrison Hill, B. L. Hill, G. Hood Lambert Larsen, W. W. Longino Mason McCracken Morgan

Oxford Russell, W. B. Salem Savage Smith, J. R. Thomason Towrisend Vaughn Wamble Mr. Speaker

On the passage of the Bill, the ayes were 164, nays 0.

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

560

JOURNAL OF THE HOUSE,

Mr. Salem of the 51st stated that he had been called from the floor of the House1 when the roll was called on HB 1134, but wished to be recorded as voting "aye".

HB 1145, By Messrs. Snow, Hays and Clements of the 1st, Peters of the 2nd, Lowrey, Toles and Adams of the 9th: A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Library Compact"; to enact said compact into law; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bennett, Tom Blaekshear Bohannon Bond Bostick 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 Daugherty Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwa,rds Egan Evans Ezzard Felton Floyd, J. H. Floyd, L, R. Gary Gaynor Gignilliat Grahl Grantham Greer Griffin Groover Ham Hamilton Harrington Harris Hays Hill, B. L.
Howard Howell Hudson, C. M.

Hudson, Ted Isenberg 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 Levitas Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moyer

Mulherin Mullinax Murphy Nessmith Northcutt Nunn Oxford Pattersoni Patten Peters Phillips, G. S. Phillips, L. L. Pinkston P'oole Potts Riainey

FRIDAY, JANUARY 21, 1972

561

Reaves Roach Rush Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Strickland

Sweat Thomason Toles Tbwnsend Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative was Mr. E. T. Davis.

Those not voting were Messrs.:

Barfield Bell Beninett, J. T. Berry Black Bowel! Buck Collins, S. Cook Dailey Dean, Gib Farrar Fraser Geisinger

Granade Gunter Harrison Hawes Hill, G. Hood Hutchinson Lambert Lane, W. J. Longino Mason McCracken Moore Morgan

Noble Odom Pearce Phillips, W. R. Pickard Ross Russell, A. B. Savage Smith, J. R. Stephens Thompson Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 153, nays 1.

The Bill, having received the requisite constitutional majority, was passed.
Mr. Davis of the 86th stated he had inadvertently voted "nay" but intended to vote "aye" on the passage of HB 1145.
HR 10-17. By Mr. Salem of the 51st: A Resolution compensating Mrs. Lula Pound; and for other purposes.
The following Committee amendment was read and adopted:

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JOURNAL OF THE HOUSE,

The Committee on Appropriations moves to amend HR 10-17 by changing the figure $890.69 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $727.69.

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 155, nays 0.

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

HR 20-38. By Messrs. Collins and Geisinger of the 72nd: A Resolution compensating Mr. W. H. Wilkie; 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 155, nays 0.

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

HR 46-83. By Mr. Stephens of the 103rd: A Resolution compensating Joe Darrell Davis; 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 155, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 55-135. By Mr. Wheeler of the 57th: A Resolution compensating Johnie Parsons, Jr.; and for other purposes.

FRIDAY, JANUARY 21, 1972

563

The following Committee substitute was read and adopted:

A RESOLUTION

Compensating Johnie Parsons, Jr.; and for other purposes.

WHEREAS, on July 2, 1969, the 1967 Pontiac automobile of Johnie Parsons, Jr., was damaged when a motor vehicle belonging to the State Highway Department and being operated by an employee thereof, ran into the rear of Mr. Parsons' automobile; and

WHEREAS, said accident occurred on the Denmark-Nevils Road about one tenth of a mile west of Georgia Highway 46 in Bulloch Coun ty; and

WHEREAS, Mr. Parsons was required to expend $402.77 in order to repair the damage to the rear left fender, rear bumper and trunk door of his automobile; and

WHEREAS, insurance reimbursed Mr. Parson for all said expendi tures except $50.00; and

WHEREAS, the accident occurred through no fault or negligence of Mr. Parsons, so it is only fitting and proper that he be reimbursed for his loss.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department is hereby authorized and instructed to pay the sum of $50.00 to Mr. Johnie Parsons, Jr., as compensation for damages arising out of the above described occurrence. Said sum shall be paid from the funds appropriated or available to the State Highway Department and shall be in full and complete satisfaction of all claims against the State of Georgia arising out of said occurrence.

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 155, nays 0.

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

HR 57-135. By Mr. Hill of the 97th: A Resolution compensating Richard Lee Apel; and for other purposes.

564

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 155, nays 0.

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

HR 62-141. By Mr. Matthews of the 16th:
A Resolution compensating Mr. Jimmie E. Thomas; 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 155, nays 0.

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

HR 101-249. By Mr. Wilson of the 117th:
A Resolution compensating Mr. Ray Douglas Martin; 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 155, nays 0.

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

HR 173-521. By Mr. Jones of the 87th:
A Resolution compensating the Hillcrest Abney Memorial Park and Mausoleum, Inc.; and for other purposes.

FRIDAY, JANUARY 21, 1972

565

The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 173-521 by deleting on lines 13 and 14 the words "1965 Pontiac automobile" and inserting therefor the words "1969 Chevrolet pickup truck".

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 155, nays 0.

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

HR 186-646, By Mr. Hudson of the 28th: A Resolution compensating Mr. W. W. Walker; 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 155, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 501-1108. By Mr. Shanahan of the 8th: A Resolution compensating Mr. Terrell Harris; 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 155, nays 0.

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

566

JOURNAL OF THE HOUSE,

HR 504-1118. By Mr. Wheeler of the 57th:
A Resolution compensating Miss Jeanett Purdom; 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 155, nays 0.

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

HR 505-1118. By Mr. Alien of the 92nd: A Resolution compensating Mr. David Harn; 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 155, nays 0.

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

HR 512-1123. By Mr. Larsen of the 113th:
A Resolution compensating Mr. Henry R. Ferchaud; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 512-1123 by changing the figure $316.00 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $100.00.

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

FRIDAY, JANUARY 21, 1972

567

On the adoption of the Resolution, as amended, the ayes were 155, nays 0.

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

HR 520-1167. By Mr. Dixon of the 65th: A Resolution compensating Mrs. Virginia Gornto; 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 155, nays 0.

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

HB 1179. By Messrs. Lambert of the 25th, Pickard of the 84th, Thompson of the 85th, Carr of the 35th and others:
A Bill to be entitled an Act to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, so as to provide that no change shall be made by any utility in any rate, charge, classification or service, or in any rule or regulation except upon 30 days' notice under certain conditions; and for other purposes.

Mr. Cole of the 3rd moved that HB 1179 be recommitted to the Committee on Industry for further study.
The motion prevailed.

HB 1180. By Messrs, Lambert of the 25th, Pickard of the 84th, Thompson of the 85th, Carr of the 35th and others:
A Bill to be entitled an Act to amend an Act entitled "The Georgia Administrative Procedure Act" so as to place the Public Service Com mission under said Act; and for other purposes.

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

568

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. EL Battle Bell Bemnett, Tom Berry Black shear Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Carr Chance Chandler Clements Cole Collins, M. Collins, S. Coney, G. D. Connell Cook Daugherty Davis, E. T. Davis, W. Dent Dixon Dorminy Drury Egan Evans Farrar Felton Floyd, J. H.

Floyd, L. R. Gary Gaynor Gei singer Grahl Granade Grantham Greer Ham Harrington Harris Hays Horton Housley Howard Hudson, Ted Hutchinson Isenberg Jones, J. R. Jordan King Knight Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitasi Logan Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McDaniell Melton Milford

Miller Morgan Moyer Mullinax Nessmith Noble Northcutt Nunn Oxford Patten Pearce Phillips, G. S. Pinkston Potts Ross Rush Russell, A. B. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Snow Sweat Thompson Toles Townsend Tripp Turnier Ware Wheeler, J. A. Whitmire Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Alexander, W. M. Atherton Bohannon Ohappell Cheeks Colwell

Conger Dean, N. Edwards Fraser Griffin Groover

Hill, G. Hudson, C. M. Keyton Knowles Larsen, W. W. Miles

Mulherin Patterson Peters Phillips, W. R.

FRIDAY, JANUARY 21, 1972

569

Poole Russell, H. P. Smith, H. R. Stephens

Strickland Wheeler, Bobby
Williams

Those not voting were Messrs.:

Alien
Barfield
Bennett, J. T. Black Bowen Buck Burru'Ss Busbee
Carter Collier Coney, J. L. Dailey Dean, Gib
Dean, J. E. Ezzard Gignilliat
Gunter

Hamilton
Harrison
Hawes Hill, B. L. Hood Ho well Jessup Johnson!
Jones, Herb Lambert Leggett Lewis Mason
Matthews, D. R. McCracken McDonald

Merritt
Moore
Murphy Odom Phillips, L. L. Pickard Rainey Reaves
Roach Salem Sorrells Thomason Triplett
Vaughn Wamble Mr. Speaker

On the passage of the Bill, the ayes were 117, nays 29.

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

Mr. Cole of the 3rd served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 1180.

HB 1175. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Section 105-2012 of the Code of Georgia providing for the right of contribution among several tres passers, as amended, so as to provide the right of the contribution from others shall he continued unabated and shall not be lost or prejudiced for settlement of a claim for wrongful death; and for other purposes.

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

On the passage of the Bill, the ayes were 113, nays 0.

570

JOURNAL OP THE HOUSE,

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

HB 1176. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to provide that without the necessity of being charged by suit or judgment the right of indemnity, express or implied, from another or others shall continue unabated and shall not be lost or prejudiced by settlement of a claim for injury to person or property or for wrongful death and release therefrom; and for other purposes.

The report 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 1324. By Messrs. Bainey of the 47th, Grahl of the 40th, Peters of the 2nd and others:
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, as amended, so as to clarify the provisions relative to hunting licenses; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 120, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
By unanimous consent, the Clerk was directed to correct a typographical error as follows:
On page 1, line 25 change the figures "-50.00" to "$50.00".
HB 1119. By Messrs.. Lane of the 101st, Adams of the 100th, Hudson of the 48th and Savage of the 104th: A Bill to be entitled an Act to amend Code Section 27-901, relating to

FRIDAY, JANUARY 21, 1972

571

bail in capital and other cases, so as to provide that offenses involving the giving, selling, offering for sale, bartering or exchanging of any narcotic shall be considered as capital offenses as respects bailability; and for other purposes.

Mr. Ham of the 33rd moved that HB 1119 be recommitted to the Committee on Special Judiciary for further study.

The motion prevailed.

HB 1325. By Messrs, Rainey of the 47th, Grahl of the 40th, Peters of the 2nd, Housley of the 117th, Hays of the 1st and Hudson of the 48th:
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 a temporary nonresident trout stamp; and for other purposes.

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 Bell Berry Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss

Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D. Conger Connell Cook Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon

Dorminy Edwards Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Grahl Granade Grantham Greer Griffin Groover Gunter Harris Hays Hill, B. L.

572
Hood Horton Housley Howard Hudson, C. M. Hudson, Ted! Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Levitas Lewis Lowrey Marcus

JOURNAL OF THE HOUSE,

McDaniell McDonald Melton Miles Miller
Moore Morgan
Mover Mulherin Mullinax
Murphy Nessmith Noble Northcutt Nunn Odom Patterson Patten Peters Phillips, W. R, Pinkstom
Ptoole Potts Rainey Reaves Roach

Ross Rush
Russell, W. B. Salem Shanahan Shepherd Sherman
Smith, H. R. Smith, V. T. Snow
So'rrella Stephens Strickland
Sweat Thomason Toles Towns end Tripp Turner
Wamble Ware
Wheeler, Bobby Whitmire
Williams Wilson
Wood, R. E.

Those voting in the negative were Messrs.

Adams, John Bennett, Tom
Coney, J. L. Gignilliat Ham

Harrington Hill, G.
Lee, W. J. (Bill) Matthews, C. Mauldin

Milford Scarborough Wheeler, J. A. Wood, J. T.

Those not voting were Messrs.:

Barfield Bennett, J. T. Black Buck Chandler Collins, M.
Dailey
Daugherty
Dean, Gib
Drury
Egan Felton
Hamilton
Harrison

Hawes Howell Jordan Keyton Lambert Logan
Longino
Mason
Matthews, D. R.
Maxwell
McCracken
Merritt
Oxford

Pearce Phillips, G. S. Phillips, L. L. Pickard Russell, A. B. Russell, H. P.
Savage
Sims
Smth., J. R.
Thompson
Triplett
Vaughn
Mr. Speaker

FRIDAY, JANUARY 21, 1972

573

On the passage of the Bill, the ayes were 141, nays 14.

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

Mr. Ham of the 33rd served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 1325.

Leave of absence was granted to Mr. Odom of the 61st in order that he might try a murder case scheduled for this date.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, Monday morning, January 24, 1972 and the motion prevailed.

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

574

JOURNAL OP THE HOUSE,

Representative Hall, Atlanta, Georgia Monday, January 24, 1972

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. James Mallard, Pastor, First Baptist Church, Cuthbert, Georgia:
Our Heavenly Father, we are thankful for the presence of the Holy Spirit this morning. We recognize that You are the Lord of all our lives. We ask for wisdom that comes from you for these government officials; that they may exercise wisdom and common sense in seeking your will in the things they seek to do. In Jesus' name 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 legislativeday had been read and found to be correct.

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.
By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:

MONDAY, JANUARY 24, 1972

575

HB 1405. By Messrs. Buck and Pearce of the 84th and Berry of the 85th:
A Bill to be entitled an Act to amend Code Section 57-101.1 relating to the maximum rate of interest which may be charged on certain transactions involving real property, so as to clarify the interest rate permissible on mobile dwellings; and for other purposes.
Referred to the Committee on Judiciary.

HB 1406. By Messrs. Salem of the 51st, Murphy of the 19th and Praser of the 59th:
A Bill to be entitled an Act to amend Code Chapter 27-19, relating to demand for trial and announcement of ready or not ready, so as to provide that misdemeanor cases in the superior courts and courts below said level may be decided without the need of the panel of jurors being summoned; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1407. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to provide that the county School Superin tendent of Wilcox County shall be appointed by the Board of Educa tion of Wilcox County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 1408. By Mr. Grantham of the 55th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Douglas in and for the County of Coffee, changed to the "State Court of Coffee County", so as to change the compensation provisions relative to the judge and solicitor of said court; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 1409. By Mr. Grantham of the 55th: A Bill to be entitled an Act to amend an Act creating the Charter for the City of Douglas, so as to change the date for electing the board of commissioners of said city; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.
HB 1410. By Mr. Grantham of the 55th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Coffee, so as

576

JOURNAL OF THE HOUSE,

to change the compensation of the clerk of the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1411. By Mr. Grantham of the 55th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Coffee County, so as to changethe compensation of the clerk, sheriff, ordinary and tax commissioner and their employees; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 602-1411. By Mr. Hudson of the 28th:
A Resolution compensating Mrs. Sara W. Meadows; and for other purposes.
Referred to the Committee on Appropriations.

HR 603-1411. By Mr. Triplett of the 93rd:
A Resolution compensating the (Overnite Transportation Company; and for other purposes.
Referred to the Committee on Appropriations.

HB 1412. By Messrs. Levitas of the 77th, Roach of the 10th and Snow of the 1st:
A Bill to be entitled an Act to amend Section 24-4203 of Chapter 24-42 of Title 24 of the Code entitled "Reporter", relating to the duties of the Reporter of the Supreme Court and of the Court of Appeals; and for other purposes.
Referred to the Committee on Judiciary.

HB 1413. By Messrs. Levitas of the 77th, Snow of the 1st and Roach of the 10th:
A Bill to be entitled an Act to amend Title 90 of the Code, to strike in its entirety Chapter 90-2 entitled "Reports of the Supreme Court and Court of Appeals", to substitute a new Chapter; to redefine certain words; to provide for the uniformity of the reports; and for other purposes.
Referred to the Committee on Judiciary.

MONDAY, JANUARY 24, 1972

577

HB 1414. By Messrs. Kreeger, Howard, McDaniell, Housley, Atherton and Wilson of the 117th:
A Bill to be entitled an Act to amend Code Section 67-2004, relating to discharge of lien by filing bond, so as to change the bond provisions of said Section; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1415. By Messrs. Davis of the 75th, Bell of the 73rd, Granade of the 75th, Jordan of the 74th, Russell and Thomason of the 77th, Noble of the 73rd and others:
A Bill to be entitled an Act to amend an Act creating a County Com mission on Efficiency and Economy in Government, so as to change the date upon which such Commission shall be abolished; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1416. By Messrs. Davis, Granade, Wood and Floyd of the 75th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to require the State Board of Education to promulgate rules and regulations prohibiting the overloading of buses; and for other purposes.
Referred to the Committee on Education.

HR 604-1416. By Mr. Maxwell of the 17th:
A Resolution compensating Mrs. Bobby D. Brown; and for other pur poses.
Referred to the Committee on Appropriations.

HR 605-1416. By Mr. Maxwell of the 17th:
A Resolution proposing an amendment to the Constitution so as to provide that any proceedings relative to the removal of the 20 mill limitation in Oglethorpe County taken under the provisions of Article VIII, Section XII, Paragraph II of the Constitution are hereby rescinded; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1417. By Messrs. Wheeler of the 18th, Lane of the 44th, Smith of the 39th, Moore of the 6th, Gunter of the 6th, Dailey of the 53rd, Chandler of the 34th and others:
A Bill to be entitled an Act to prohibit any State, body, agency, official.

578

JOURNAL OF THE HOUSE,

institution or other person or association from interfering with the freedom of individuals to choose an optometrist licensed under Code Chapter 84-11 for visual care services, when the visual care services are within the scope of practice of optometrists licensed under said Chapter; and for other purposes.
Referred to the Committee on Health & Ecology.

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

HB 1371. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act providing a Board of Commissioners for the County of Elbert, so as to authorize the Board to establish, operate and maintain a recreation program, recreation areas and recreation facilities for the citizens of Elbert County; and for other purposes.

HB 1372. 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, McCracken of the 36th and Floyd of the 7th:
A Bill to be entitled an Act to provide for the reorganization of State Government; and for other purposes.

HB 1373. 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, McCracken of the 36th and Floyd of the 7th:
A Bill to be entitled an Act to amend the Executive Reorganization Plan of 1972 so as to provide for the structure of the Executive Branch of State Government; and for other purposes.

HR 575-1373. By Mr. Hill of the 97th:
A Resolution proposing an amendment to the Constitution so as to provide that any group of citizens of Fulton County who constitute at least 60% of the population of a given area may petition to have said area of land zoned R-Z which shall restrict the use or development of the area to single family residences and to provide for procedures in connection therewith; and for other purposes.
HR 576-1373. By Mr. Howell of the 60th:
A Resolution proposing an amendment to the Constitution so as to

MONDAY, JANUARY 24, 1972

579

authorize the City of Blakely to own and operate facilities from which alcoholic beverages may be sold at retail to the public; and for other purposes.

HB 1374. By Messrs. Pinkston of the 81st, Felton of the 95th, and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 113-903, relating to the rules of inheritance, so as to provide that grandparents stand next in degree and shall inherit equally in the absence of the father and mother and brothers and sisters; and for other purposes.

HB 1375. By Messrs. Pinkston of the 81st, Felton of the 95th, and Howard of the 117th:
A Bill to be entitled an Act to repeal Code Section 113-107, relating to charitable devices; and for other purposes.

HB 1376. By Messrs. Pinkston of the 81st, Felton of the 95th, and Howard of the 117th:
A Bill to be entitled an Act to amend an Act relieving certain national banking associations, State banks and trust companies from furnishing security or sureties on bonds executed as administrators, so as to relieve certain financial institutions from furnishing security or sureties unless the instrument under which it qualified provides that it shall give bond; and for other purposes.
HB 1377. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 113-2004, relating to compensation allowable to administrators and executors for the delivery of property in kind, so as to provide that commissions shall be allowed to administrators and executors for delivering over any property in kind in the discretion of the ordinary; and for other purposes.
HB 1378. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to authorize administrators, executors, guardians, trustees and other fiduciaries to acquire, invest, reinvest, exchange, retain, sell and manage property for the benefit of another in a fiduciary capacity; and for other purposes.
HB 1379. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 49-115, relating to

580

JOURNAL OF THE HOUSE,

; additional bond of special guardian, so as to give the ordinary discretion ary authority to accept a commercial bond for the value of the estate in lieu of a bond of an individual for double the value of the estate; and for other purposes.

HB 1380. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 49-113, relating to the bond and oath or affirmation of a guardian, so as to give the ordinary discretionary authority to accept a commercial bond for the value of the estate in lieu of the bond of an individual for double the value of the estate; and for other purposes.

HB 1381. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:

s . ;.,. :

A Bill to be entitled an Act to amend Code Section 113-1217, relating to bonds of administrators, so as to give the ordinary discretionary authority to accept a commercial bond for the value of the estate in lieu of the bond of an individual for double the value of the estate; and for other purposes.

HB 1382. By Messrs. Pinkston of the 81st, Felton of the 85th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Chapter 113-8, relating to devises and legacies, so as to permit a person who is an heir, devisee, person succeeding to a renounced interest, beneficiary under a testa mentary instrument, to renounce in whole or in part the succession to any property or interest therein; and for other purposes.
HB 1383. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Title 113, relating to wills, descent, and administration of estates, so as to reduce the time within which an administrator shall ascertain the condition of the estate; and for other purposes.
HB 1384. By Messrs. Pinkston of the 81st, Felton of the 05th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 49-223, relating to commissions, extra compensation and traveling expenses of guardians, so as to provide for compensation to guardians for delivery of property in kind; and for other purposes.

MONDAY, JANUARY 24, 1972

S&l

HB 1385. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to permit the trustees or other person or body entrusted with the power to invest the assets of any public retire ment, pension or emeritus system created under the laws of Gebrgia, to require the records of such agent to clearly show the capacity in. which such securities are held; and for other purposes.

HB 1386. By Mr. Savage of the 104th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, relating to paving of unpaved streets; and for other purposes.

HB 1387. By Mr. Davis of the 86th:
A Bill to be entitled an Act to provide that no policy of insurance shall be issued after the effective date of this Act which provides homeowners broad form coverage which excludes coverage for any motorized vehicle which is not licensed for use upon the public highways; and for other purposes.

HR 584-1387. By Mr. Russell of the 14th:
A Resolution compensating Mr. Gaston Talmadge Rowden; and for other purposes.

HR 585-1387. By Messrs. Wood, Whitmire and Williams of the llth:
A Resolution proposing an amendment to the Constitution so as to provide that the members of the Hall County Board of Education shall be elected by the electors of the Hall County School District, and to provide that the School Superintendent shall be appointed by the Board of Education of Hall County; and for other purposes.

HR 586-1387. By Messrs. Salem of the 51st, Lewis of the 37th, Miles and Cheeks of the 78th, Keyton of the 70th, Strickland of the 56th, Russell of the 70th, McCracken of the 36th and others:
A Resolution proposing an amendment to the Constitution so as to provide that the Minimum Foundation Program of Education for each local unit of administration shall be paid entirety from State funds; and for other purposes.

HR 587-1387. By Mr. Grahl of the 40th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Peach County to make grants for

582

JOURNAL OF THE HOUSE,

purpose of educating or training certain handicapped citizens of Peach County; and for other purposes.

HB 1388. By Messrs. Ezzard of the 102th, Shepherd of the 107th, Alexander of the 96th, Dean of the 76th, Hood of the 99th, Noble of the 73rd and Savage of the 104th:
A Bill to be entitled an Act to amend Code Chapter 23-23, relating to paupers, so as to provide reimbursement for a county where it expends funds for the burial of paupers under the control of the Board of Cor rections; and for other purposes.

HB 1389. By Messrs. Cook of the 95th, Smith of the 3rd, Hood of the 75th, Floyd of the 75th, Sims of the 106th, Bray of the 31st, Potts of the 30th and others:
A Bill to be entitled an Act to state the policy of the State relating to habitual offenders against the motor vehicle and traffic laws; to classify certain offenders as habitual offenders; and for other purposes.

HB 1390. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, so as to change certain population and United States Census figures and brackets; and for other purposes.

HB 1391. By Messrs. Geisinger of the 72nd, Smith of the 3rd, Collins of the 72nd, Floyd of the 75th, Farrar, Russell and Thomason of the 77th:
A Bill to be entitled an Act to amend Code Section 27-902, relating to amount of bail in misdemeanor cases, so as to provide that sheriffs and constables shall release any person charged with the offense of a misdemeanor in this State upon his own recognizance; and for other purposes.
HB 1392. By Messrs. Geisinger of the 72nd, Lee of the 61st, Connell of the 79th, Smith of the 3rd, Collins of the 72nd, Floyd of the 75th, Farrar and Russell of the 77th, Lane of the 101st and Adams of the 100th:
A Bill to be entitled an Act to amend Code Chapter 27-9, relating to bail, surrender of principal, and forfeiture of bond, so as to provide that certain classes of persons shall not be eligible for bail; and for other purposes.
HB 1393. By Messrs. Gunter of the 6th, Snow of the 1st, Lee of the 61st, Hawes of the 95th, Larsen of the 42nd, Moore of the 6th, Scarborough of the 81st, Bennett of the 71st and others:
A Bill to be entitled an Act to amend an Act to fix the salaries of the

MONDAY, JANUARY 24, 1972

583

judges of the superior courts, so as to provide that the judges of the superior courts shall be authorized to employ secretaries; and for other purposes.

HB 1394. By Messrs. Brown of the 32nd and Miller of the 83rd:
A Bill to be entitled an Act to provide for the regulation of franchise agreements between petroleum distributors and gasoline dealers; and for other purposes.

HB 1395. By Messrs. Davis and Wood of the 75th and Jordan of the 74th:
A Bill to be entitled an Act to amend Code Section 109A-9-404, relating to termination statements, so as to change the provisions relative to termination statements; and for other purposes.

HB 1396. By Messrs. Cook of the 95th, Wood and Floyd of the 75th, Mrs. Hamilton of the 112th, Messrs. Hawes of the 95th, Marcus of the 105th, Geisinger of the 72nd, Lambert of the 25th and Williams of the llth:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revoca tion of motor vehicle driver licenses, so as to change the fee for certain drivers' licenses; and for other purposes.

HB 1397. By Messrs. Cook of the 95th, Wood and Floyd of the 75th, Mrs. Hamilton of the 112th, and Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension and revoca tion of motor vehicle driver licenses, so as to increase the minimum age required of applicants for an operator's license; and for other purposes.
HB 1398. By Messrs. Cook of the 95th, Wood and Floyd of the 75th, Mrs. Hamilton of the 112th, Messrs. Hawes of the 95th, and Ham of the 33rd:
A Bill to be entitled an Act to provide that each public high school shall include as a part of its curriculum a course in driver education; and for other purposes.
HB 1399. By Messrs. Ware of the 30th, Dean of the 19th, Berry of the 85th, Wood of the llth, Gignilliat of the 89th, Hays of the 1st and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act relating to the issuance of certificates of exemption from the payment of professional and semiprofessional license taxes to certain disabled veterans, blind persons and disabled peace-time veterans, so as to provide that any disabled veteran shall be eligible for a certificate of exemption; and for other purposes.

584

JOURNAL OF THE HOUSE,

HB "1400. By Messrs. Ware of the 30th, Gignilliat of the 89th, Dean of the 19th, "' Wood of the llth, Hays of the 1st and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act designating public and legal holidays, so as to change the date for the observance of Veterans' Day; and for other purposes.

KB-1401. By Messrs. Ware of the 30th, Wood of the llth, Hays of the 1st, Moyer of the 41st, Dean of the 19th and Gignilliat of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt ' from the taxes imposed by said Act the sale of the vehicle to a service., . connected handicapped veteran for which he received a grant from the '''"'' ' 'Veterans Administration to purchase and specially adapt to his handi! cap; and for other purposes.

HR 599-1401. By Messrs. Ware of the 30th, Dean of the 19th, Wood of the llth, '"' : -' 'Berry of the 85th, Moyer of the 41st, Hays of the 1st and Gignilliat of /< '", ; the'89th:

A Resolution proposing an amendment to the Constitution so as to

;-.!.::.;. provide that each disabled veteran who is a citizen and resident of

'

! Georgia shall be granted an exemption for all ad valorem taxes on the

I'.IG)-'-'. '-Vehicle he owns and on which he actually places the fee HV vehicle

license plates he receives from the State; and for other purposes.

HBO 1402.:',By Messrs. Rainey of the 47th, Peters of the 2nd and Hays of the 1st:
A Bill to be entitled an Act to amend an Act completely and exhaustively -; '-.' -.. .'. revising, superseding and consolidating the laws relating to the State
. ! Game and Fish Commission, so as to provide for a catch out pond license; .-:. ;.: and for other purposes.

HB 1403. By Messrs. Rainey of the 47th, Peters of the 2nd and Hays of the 1st:

...[

: A Bill to be entitled an Act to amend an Act completely and exhaustively

revising, superseding, and consolidating the laws relating to the State

H: : >..-. Game and Fish Commission, so as to authorize the purchase and sale

!:-.-. ; .1 of commercially raised freshwater trout; and for other purposes.

HR 600-1403. By Mr. Carter of the 64th:
; . :, A Resolution compensating Mr. Earl Bruce Shepard; and for other purposes.

HB 1404. By Messrs. Mullinax of the 30th, Carter of the 64th and Adams of the : ' 9th:
A Bill to be entitled an Act to provide that State agencies and depart-

MONDAY, JANUARY 24, 1972

585

ments shall not be allowed to prohibit, by rule or regulation, firm or corporation from advertising the retail price of a commodity; and for other purposes.

HR 601-1404. By Mr. Ham of the 33rd: A Resolution compensating Mr. Harry D. Edge; and for other purposes.

SR 213. By Senator Doss of the 52nd:
A Resolution proposing an amendment to the Constitution so as to provide for the abolition of the office of Coroner of Floyd County and the creation of the office of Medical Examiner of Floyd County; and for other purposes.

SB 344. By Senator London of the 50th:
A Bill to be entitled an Act to amend an Act incorporating the town of Mountain City, so as to change the term of office of the mayor of said town; and for other purposes.

Mr. Matthews of the 63rd District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 593. Do Pass. HB 1295. Do Pass. HB 1312. Do Pass, as Amended.
Respectfully submitted, Matthews of the 63rd, 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

586

JOURNAL OP THE HOUSE,

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:
HR 573-1370. Do Pass. HB 1334. Do Pass. HB 1363. Do Pass. HB 1364. Do Pass. HB 1365. Do Pass. HB 1370. Do Pass.
Respectfully submitted, Levitas of the 77th, Chairman.

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

HB 1334. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Elbert County, as amended, so as to change the com pensation of said 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 1363. By Mr. Dailey of the 53rd: A Bill to be entitled an Act to amend an Act abolishing the fee system for the Sheriff of Calhoun County and providing in lieu thereof an annual salary, as amended, so as to change the compensation of said Sheriff; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

MONDAY, JANUARY 24, 1972

587

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

HB 1364. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Calhoun County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.

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

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

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

HB 1365. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the Ordinary of Calhoun County, known as the fee system, and providing in lieu thereof an annual salary for said officer, so as to change the provisions relative 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 1370. By Messrs. Black and Edwards of the 45th:
A Bill to be entitled an Act to provide that in each county having a certain population, the sheriff shall be paid on salary basis instead of on fees; to provide the annual salary will be $6,000.00 payable in equal monthly installments; and for other purposes.

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

588

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.

HR 573-1370. By Messrs. Black and Edwards of the 45th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Chattahoochee County Airport Authority; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"A. There is hereby created a body corporate and politic in Chattahoochee County in the State of Georgia to be known as 'The Chattahoochee County Airport Authority', which shall be an instru mentality of the County of Chattahoochee and a public corporation and which in this amendment is hereafter referred to as the Au thority.
B. The Authority shall be composed of three (3) members who shall be appointed by the Commissioners of Chattahoochee County. The Authority so constituted shall elect its own chairman annually from the membership of the Authority. The terms of the initial members of said Authority shall be as follows: The terms of the members shall be for three (3) years, and until their successors are appointed or elected and qualified, excepting that the Board of Commissioners at the initial appointment shall designate the first members to serve one (1) year, two (2) years, and three (3) years, so that the terms will be staggered thereafter. The members of the Authority shall draw no compensation but shall be allowed actual expenses that are incurred on behalf of said Authority.
C. The property, obligations and the interest on the obligations of the Authority shall have the same immunity from taxation as the property, obligations and interest on the obligations of Chattahoochee County. The exemption from taxation herein provided shall not extend to tenants nor lessees of the Authority; and shall not include exemptions from sale and use taxes on property purchased by the Authority or for use by the authority.
D. The powers of the Authority shall include but shall not be limited to, the power:
(1) To manage, supervise and control any airports or

MONDAY, JANUARY 24, 1972

589

landing fields owned by said Authority or in which the Au thority has any interest therein, and direct and control the construction, equipment, improvement, maintenance and opera tion thereof including the fixing and establishing of charges, fees and tolls for the use of such airports or landing fields and lands adjacent thereto.

(2) To lease or assign to private persons, firms, corpora tions, governmental agencies or political subdivisions of all or any portion of the space, area and improvements of and uniform use of such airports or landing fields.
(3) To borrow money for any of its corporate purposes and to issue notes, bonds and debentures and to offer as col lateral the assignment of revenues, tolls, charges and proceeds of any rental lease or option, now existing or any part thereof.
(4) To issue revenue bonds or obligations for the purpose of paying all or any part of the cost of any project of the Authority. To exercise all of the rights, powers and privileges and be subject to the same liabilities as a municipality under the provisions of the 'Revenue Bond Law', approved March 31, 1937 (Ga. Laws 1937, p. 761), as amended, with reference to the issuance of bonds and validation of same insofar as such pertains to the corporate purposes of the Authority.
(5) To contract with Chattahoochee County and other political subdivisions of the State of Georgia and the United States or other states and with private persons and corporations and to sue and to be sued in its corporate name.
(6) To have and exercise usual powers of private corpora tions, except such as are inconsistent with this amendment, in cluding the power to appoint and hire officers, agents and employees and to provide their compensation and duties, which officers and agents may or may not be members of the Au thority and the power to adopt and amend a corporate seal and bylaws and regulations for the conduct and management of the Authority.
(7) To receive and administer gifts, grants and donations and to administer trusts.
(8) To designate officers to sign and act for the Authority generally or any specific matter.
(9) To do any and all acts and things necessary or con venient to accomplish the purpose and powers of the Authority as herein stated.

E. All fees, charges, tolls, rentals or other revenues derived from the operation or lease of such airports or landing fields shall be used by said Authority to meet in whole or in part the expenses of

590

JOURNAL OF THE HOUSE,

operations and maintenance of such airports or landing fields. In the event the revenue from the operation or lease of such airports or landing fields exceeds the expenses of operation and maintenance, such excess shall be used for further developments, improvements on the equipment of such airports or landing fields and if not so used may, at the discretion of the Authority, be paid to Chattahoochee County.

P. The Authority is created for the purpose of developing, promoting and expanding airport facilities in Chattahoochee County for the general welfare. Said Authority shall not be authorized to create in any manner, any debt, liability or obligation against Chattahoochee County nor the state of Georgia.

G. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia; and the officers, agents and employees of the Authority when in per formance of the work of the Authority shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia when in performance of their public duties or work of the State. The Authority may be sued the same as private corporations on any contractural obligation of the Authority.

H. The property of the Authority shall not be subject to levy and sale under legal process, except such property, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, funds, or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

I. The General Assembly may by law further define and pre scribe the powers and duties of the Authority and the exercise thereof, and may enlarge and restrict the same, and may likewise further regulate the management and conduct of the Authority.

J. Should said Authority for any reason be dissolved, title to all property of any kind and nature, real and personal, held by the Authority at the time of such dissolution shall revert to Chattahoo chee County subject to any mortgages, liens, leases or other en cumbrances outstanding against or in respect to said property at
that time."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section If 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 create theNO ( ) Chattahoochee County Airport Authority?"

MONDAY, JANUARY 24, 1972

591

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 Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Carr Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S.

Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Edwards Evans Ezzard Parrar Felton Floyd, L. R. Fraser Gaynor Geisinger Gigrrilliat Grahl Grantham Griffin Groover Gunter Ham Harrington Harrison Hawes Hays

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

592
Mauldin Maxwell McCracken McDaniell Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Odom Patterson Patten Pearce

JOURNAL OP THE HOUSE,

Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Rainey Reaves Roach 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
Toles
Triplett Tripp Turner Vaughn Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, Marvin Barfield Brown, C. Busbee Carter Dean, J. E. Dorminy Drury Egan Floyd, J. H. Gary

Granade Greer Hamilton Harris Hill, B. L. Hood Larsen, W. W. Matthews, D. R. McDonald Melton Murphy

Nunn Oxford Poole Ross Shepherd Smith, V. T. Thompson Townsend Wamble Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

Mr. Cole of the 3rd moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:
HB 1180. By Messrs. Lambert of the 25th, Pickard of the 84th, Thompson of the 85th, Carr of the 35th, Bell of the 73rd, Collier of the 54th and Roach of the 10th: A Bill to be entitled an Act to amend an Act entitled "The Georgia

MONDAY, JANUARY 24, 1972

593

Administrative Procedure Act", so as to place the Public Service Com mission under said Act; and for other purposes.

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

Those voting in the affirmative were Messrs.

Adams, M. Alien Atherton Battle Black Bohannon Bray Brown, S. P. Burruss Chappell Cheeks Clements Cole Coney, G. D. Coney, J. L. Connell Dean, N. Dixon

Gary Gaynor Gignilliat Grahl Groover Harrington Harris Hays Hudson, C. M. Isenberg Johnson Jones, H. Keyton Knowles Lane, W. J. Lee, W. J. (Bill) Leggett Longino

Mauldin McCracken Miles Milford Mulherin Phillips, W. R. Poole Rainey Russell, H. P. Smith, V. T. Snow Sweat Triplett Turner Ware Wheeler, Bobby Wilson

Those voting in the negative were Messrs.

Adams, G. D., Jr. Adams, J. Alexander, W. H. Bell Bennett, J. T., Jr. Bennett, T. Berry Blackshear Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Carr Chance Collier Collins, M. Collins, S.
Conger
Daugherty

Davis, E. T. Davis, W. Dean, G. Dent Dorminy Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Geisinger Granade Grantham Griffin Gunter Ham Hamilton
Harrison
Hawes

Horton Howard Hudson, T. Hutchinson Jones, J. R. Jordan King Kreeger Lane, D. Larsen, G. K. Lee, W. S. Logan Marcus Mason Matthews, C. McDaniell Melton Miller Moore
Morgan
Moyer

594
Mullinax Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Pickard

JOURNAL OF THE HOUSE,

Potts Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Smith, H. R. Smith, J. R.

Stephens Strickland Thomason Thompson Toles Townsend Vaughn Whitmire Williams Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Barfield Bostick Bowen Busbee Carter Chandler Colwell Cook Dailey Dean, J. E. Drury Edwards Floyd, J. H. Greer

Hill, B. L. Hill, G. Hood Housley Howell Jessup Knight Lambert Larsen, W. W. Le vitas Lewis Lowrey Matthews, D. R. Maxwell McDonald

Merritt Murphy Nessmith Phillips, L. L. Pinkston Reaves Roach Ross Sims Sorrells Tripp Wamble Wheeler, J. A. Mr. Speaker

On the motion to reconsider, the ayes were 53, nays 98.
The motion was lost.
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 House, to-wit:
HR 580. By Messrs. Whitmire, Williams and Wood of the llth and Groover of the 27th: A Resolution expressing sympathy at the passing of Chief Deputy Bill Cantrell of Forsyth County; and for other purposes.

MONDAY, JANUARY 24, 1972

595

HR 583. By Messrs. Whitmire, Williams and Wood of the llth and Groover of the 27th:
A Resolution expressing regrets at the passing of Mr. Larry Mulkey; and for other purposes.

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

SB 168. By Senator Jackson of the 16th: A Bill to amend Code Section 84-207, relating to the qualifications of applicants for certification as certified public accountants, as amended, so as to authorize the substitution of experience as an internal revenue agent with the Internal Revenue Service in lieu of the practical exper ience in public accounting presently required; to repeal conflicting laws; and for other purposes.
SB 368. By Senators Tysinger of the 41st, and Patton of the 40th: A Bill to amend Code Section 84-303, relating to the qualifications, age, citizenship and character of applicants for registration as architects, as amended, so as to delete the requirement that an applicant for examination be a citizen of the United States; and for other purposes.
SB 369. By Senators Tysinger of the 41st, and Patton of the 40th: A Bill to amend Code Section 84-304, relating to the State Board for examination, qualification and registration of Architects, as amended, so as to change the membership of the Board; and for other purposes.
By unanimous consent, the following Bills of the Senate were read the first time and referred to the Committee on State of Republic:
SB 168 By Senator Jackson of the 16th: A Bill to be entitled an Act to amend Code Section 84-207, relating to the qualifications of applicants as certified public accountants, so as to authorize the substitution of experience as an internal revenue agent in lieu of experience in public accounting; and for other purposes.
SB 368. By Senators Tysinger of the 41st and Patton of the 40th: A Bill to be entitled an Act to amend Code Section 84-303, relating to the qualifications, age, citizenship and character of applicants for registration as architects, so as to delete the requirement that an applicant for examination be a citizen of the United States; and for other purposes.

596

JOURNAL OF THE HOUSE,

SB 369. By Senator Tysinger of the 41st:
A Bill to be entitled an Act to amend Code Section 84-304, relating to the State Board for examination, qualification and registration of Architects, so as to change the membership of the Board; and for other purposes.

The following Resolution of the House was read and adopted:

HR 610. By Messrs. Smith of the 43rd, Lane of the 44th, Brantley of the 52nd, Smith of the 39th, Nessmith of the 44th, Cook of the 95th and Connell of the 79th:
A RESOLUTION
Expressing sympathy at the passing of Mrs. Bernice Bennett Baber; and for other purposes.
WHEREAS, Mrs. Bernice Bennett Baber, the sister-in-law of the distinguished Speaker Pro Tern of the House of Representatives, passed away on January 17,1972; and
WHEREAS, she was a native of Heflin, Alabama, where she was active in the First Baptist Church; and
WHEREAS, she was the devoted wife of Mr. James R. Baber and the mother of three outstanding children, Mrs. Janice Baber Reid, Miss Evelyn Baber and Mr. Donald Baber; and
WHEREAS, the members of this body are saddened to learn of the untimely passing of Mrs. Bernice Bennett Baber.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regret at the passing of Mrs. Bernice Bennett Baber, and do hereby extend their sincerest sympathy to the members of her family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the family of Mrs. Bernice Ben nett Baber.
Mr. Matthews of the 63rd moved that the following Bill of the House be withdrawn from the General Calendar and recommitted to the Committee on Agriculture:

MONDAY, JANUARY 24, 1972

597

HB 1312. By Messrs. Matthews of the 63rd, Collins of the 62nd, Nessmith of the 44th and others:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to exempt from the provisions thereof, and rules and regulations issued pursuant thereto, certain agricultural practices, procedures and processes and certain agricultural processing facilities; and for other purposes.

The motion prevailed.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 1229. By Mrs. Merritt of the 46th and Messrs. Collins of the 62nd, Nessmith of the 44th, Matthews and Patten of the 63rd and Reaves of the 71st:
A Bill to be entitled an Act to amend Code Title 112, relating to weights and measures, so as to substantially revise, supersede and modernize the laws of this State relating to weights and measures; and for other x purposes.

The following amendments were read and adopted:
Mr. Mullinax of the 30th moves to amend HB 1229 by striking in its entirety line 25, page 9, and substituting in lieu thereof the following:
"required by this law or by rule or regulation of the Georgia Department of Agriculture shall appear on".
Mr. Ham of the 33rd moves to amend HB 1229 as follows:
By striking from line 7, page 7, the following: "during normal business hours",
and substituting in lieu thereof:
"when open for business".

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:

598

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. Adams, J. Alexander, W. H. Alien Atherton Battle Bell Bennett, J. T., Jr. Bennett, T. Berry Black Blackshear Bohannon Bond Bostick 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. Conley, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy
Edwards
Evans
Ezzard
Floyd, J. H.
Floyd, L. R.
Fraser

Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter 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 Lane, Dick Lane, W. J. Larsen, G. K. Leggett Le vitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R.
Mauldin
McDaniell
Melton
Merritt
Miles
Miller

Moore Morgan Moyer Mulherin Mullinax Murphy Noble Northcutt Nunn Odom Oxford Patterson Patten Fetters Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thompson Toles Triplett Tripp Turner Ware Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

MONDAY, JANUARY 24, 1972

599

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Barfield Bowen Buck Collins, M. Collins, S. Cook Dean, J. E. Drury Egan Farrar Felton Gary

Gaynor Ham Hill, G. Hood Knight Lambert Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Maxwell
McCracken McDonald Milford

Nessmith Pearce Phillips, G. S. Pickard Pinkston Ross Russell, W. B. Savage Thomason Townsend Vaughn Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 155, nays 0.

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

Mr. Ham of the 33rd stated that due to mechanical failure he was unable to record his vote on the passage of HB 1229. He wished to be recorded as voting

Under the general order of business, the following Bills of the House were taken up for consideration and read the third time:
HB 1236. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd and others: A Bill to be entitled an Act to amend the "Georgia Prison Industries Act", so as to change the name of the Georgia Prison Industries Ad ministration to the Georgia Correctional Industries Administration; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 121, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

600

JOURNAL OF THE HOUSE,

HB 1238. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd and others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for issuance, suspension, revocation and cancellation of driver's licenses, so as to provide that the Director of the Department of Public Safety shall formulate the rules and regula tions for inmates subject to the custody of the Board of Corrections; and for other purposes.

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

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

Those voting in the affirmative were Messrs.

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

Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Gay nor Geisinger Gignilliat Grahl 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, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R.

Mauldin McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten

MONDAY, JANUARY 24, 1972

601

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

Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Thompson Toles Townsend Triplett Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Barfield Bowen Brown, C. Cole, J. H. Collins, M. Dean, J. E. Drury Felton Gary

Groover Hill, G. Hood Howell Hudson, C. M. Knight Lambert Larsen, G. K. Larsen, W. W. Maxwell

McCracken McDonald Phillips, G. S. Pickard Rainey Sorrells Thomason Vaughn Wamble Mr. Speaker

On the passage of the Bill, the ayes were 165, nays 0.

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

HB 1239. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd and others:
A Bill to be entitled an Act to amend Code Chapter 27-1, relating to proceedings prior to arrest, so as to provide for a reward to be paid to certain persons furnishing information leading to the capture of escaped inmates of penal institutions; and for other purposes.

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

602

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 110, nays 1.

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

HB 1242. By Messrs. Chandler of the 34th, Praser of the 59th, McDaniell of the 117th, Turner of the 3rd and others:
A Bill to be entitled an Act to amend an Act creating the State Board of Pardons and Paroles, so as to provide that all information, all books, documents and records of the Board of Pardons and Paroles be acces~ sible to the Board of Corrections Personnel and other members of the Executive Branch of the State engaged in rehabilitation; and for other purposes.

The following amendment was read and adopted:
Mr. Murphy of the 19th moves to amend HB 1242 by adding at the end of Sub-Section (a) the following:
"Provided that such information after release to such Depart ments shall remain confidential and not be released by them to any other department or individual".

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John
Adams, Marvin Alexander, W. H. Alien Atherton Battle Bell
Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond

Bostick Bowen
Brantley, H. R. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P.
Buck Burruss Busbee Carr Carter Chance Chandler

Chappell Cheeks
Clements Cole Collier Collins, S. Colwell Coney, G. D.
Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T.

Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Horton
Housley
Howard
Howell
Hudson, C. M.
Hudson, Ted
Hutchinson
Isenberg
Jessup
Johnson

MONDAY, JANUARY 24, 1972

603

Jones, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax
Murphy
Nessmith
Northcutt
Nunn
Odom
Oxford
Patterson
Patten
Pearce

Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Thompson Toles Triplett Tripp Turner
Vaughn
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Barfield Collins, M. Dean, J. E. Drury Ezzard Gunter Hill, G.

Hood Knight Lambert Larsen, W. W. Matthews, D. R. Maxwell McDonald Moore

Noble Phillips, W. R. Reaves Strickland Thomason Townsend Wamble Mr. Speaker

604

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 171, nays 0.

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

HB 1188. By Mr. Brown of the 81st:
A Bill to be entitled an Act to amend Code Section 67-2003, relating to mechanics' liens, so as to provide that such liens may include certain claims for storage; and for other purposes.

By unanimous consent, further consideration of HB 1188 was postponed until tomorrow, January 25, 1972, immediately following the period of unanimous consents.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, the following Resolution of the House was again taken up for consideration:

HR 118-283. By Mr. Gunter of the 6th:
A RESOLUTION
Proposing an amendment to the Constitution so as to change the qualifications for service as grand jurors and traverse jurors; to pro^ vide that there shall be but one jury box for each 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 VI, Section XVI of the Constitution of Georgia is hereby amended by striking Paragraph II in its entirety and inserting in lieu thereof a new Paragraph II, to read as follows:
"Paragraph II. Selection of Jurors. The General Assembly shall provide by law for the selection of a representative cross section of the citizens of each county to serve as grand jurors and traverse jurors. There shall be but one jury box for each county from which all jurors, both grand jurors and traverse jurors, for all courts within the county shall be drawn."
Section 2. The above proposed amendment to the Constitution

MONDAY, JANUARY 24, 1972

605

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 change the qualifications for grand jurors and traverse jurors,
NO ( ) and to provide that there shall be but one jury box for each county?"

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

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

The following amendment was read and adopted:
Mr. Egan of the 116th moves to amend HR 118-283 by striking from the title the words "to provide that there shall be but one jury box for each county";
by striking the words "of each county" on lines 14 and 15;
by striking lines 16, 17 and 18 and substituting in lieu thereof the words "Both grand jurors and traverse jurors shall be drawn from the same box";
and by striking lines 1 and 2 on page 2 and substituting in lieu thereof the words "All jurors, grand and traverse, shall be drawn from the same box."
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H.

Alien Battle Bell Bennett, J. T.

Bennett, Tom Berry Blackshear Bohannon

606
Bond Brantley, H. H. Brown, B. D. Brown, C. Buck Burruss Busbee Chandler Chappell Collier Collins, S. Colwell Coney, J. L. Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Egan Evans Floyd, L. R. Geisinger Gignilliat Grahl Granade Gunter Hamilton Hawes Hill, B. L.

JOURNAL OF THE HOUSE,

Hood Horton Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan King Lane, Dick Larsen, G. K. Lee, W. S. Leggett Le vitas Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Melton Merritt Milford Moore Moyer Mulherin Noble Odom Patterson Patten

Pearce Phillips, W. R. Poole Roach Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thompson Toles Townsend Triplett Tripp Turner Vaughn Wheeler, Bobby Wheeler, J. A. Whitmire Wilson

Those voting in the negative were Messrs.

Black Bostick Bowen Brantley, H. L. Bray Brown, S. P. Carr Carter Chance Clements Cole Collins, M. Coney, G. D. Conger Dailey Dorminy Floyd, J. H.

Fraser Gary Grantham Griffin Groover Ham Harrington Harris Harrison Hays Hill, G. Howard Hudson, Ted Keyton Knowles Lambert Lane, W. J.

Lee, W. J. (Bill) Lewis Marcus McCracken McDaniell Miles Miller Morgan Nessmith Nunn Oxford Peters Phillips, G. S. Rainey Russell, H. P. Williams Wood, J. T.

MONDAY, JANUARY 24, 1972

607

Those not voting were Messrs.:

Alexander, W. M. Atherton Barfield Cheeks Connell Cook Dean, J. E. Edwards Ezzard Farrar Felton Gaynor Greer

Housley Howell Jones, Herb Knight Kreeger Larsen, W. W. Longino Maxwell McDonald Mullinax
Murphy North cutt Phillips, L. L.

Pickard Pinkston Potts Reaves
Ross Sherman Smith, V. T. Thomason Wamble Ware Wood, R. E. Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 106, nays 51.

The Resolution, as amended, having failed to receive the requisite twothirds constitutional majority was lost.

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

HB 754. By Messrs. Bennett of the 71st, Gunter of the 6th and Snow of the 1st:
A Bill to be entitled an Act to amend Code Section 3-1004, relating to the limitations of actions for injuries to the person, so as to extend the time of one such limitation; and for other purposes.

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 Blackshear Bohannon Bond Bostick Bowen Brantley, H. H.

Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Carter Chance

608
Chappell Cheeks Clements Cole Collier Collins, S. Coney, J. L. Conger Connell Dailey Daugherty Dean, J. E. Dean, N. Dent Dorminy Ezzard Felton Floyd, L. R. Fraser Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Hamilton Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton

JOURNAL OF THE HOUSE,

Howard Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Keyton King Lane, Dick Lane, W. J. Lee, W. S. Leggett Logan Lowrey
Marcus Mason Matthews, C. Matthews, D. R.
Mauldin McCracken McDaniell
McDonald
Melton Miles Moore
Morgan
Moyer Mulherin
Nessmith
Nunn Oxford Patterson
Patten Pearce

Peters Phillips, G. S. Phillips, L. L. Phillips, W. H. Poole Rainey Roach Rush Aussell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan
Shepherd
Sherman
Sims Smith, H. R. Smith, J. R.
Smith, V. T. Snow Sorrells
Stephens Strickland
Sweat Thompson
Toles Tripp
Turner
Vaughn Wheeler, Bobby Wheeler J. A. Whitmire
Williams
Wood, J. T.

Those voting in the negative were Messrs. :

Bennett, Tom Black Brown, S. P. Busbee Carr Colwell Coney, G. D. Davis, E. T. Dean, Gib Dixon Egan

Evans Gary Ham Harrington Knowles Kreeger Lambert Larsen, G. K. Lee, W. J. (Bill) Levitas

Longino Milford Miller Northcutt Odom Pinkston Thomason Townsend Wilson Wood, R. E.

MONDAY, JANUARY 24, 1972

609

Those not voting were Messrs.:

Alexander Atherton Barfield Bell Bray Chandler Collins, M. Cook Davis, W. Drury Edwards Farrar Floyd, J. H.

Gaynor Harris Housley Howell
Hudson, C. M. Jones, Herb Jordan Knight
Larsen, W. W. Lewis Maxwell Merritt

Mullinax Murphy Noble Pickard Potts
Reaves Ross Salem Triplett
Wamble Ware Mr. Speaker

On the passage of the Bill, the ayes were 127, nays 31.

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

Mr. Salem of the 51st stated that he had been called from the floor of the House when the roll was called on HB 754, but had he been present would have voted "aye".

HB 447. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend Code Title 26, known as the Criminal Code of Georgia, so as to create a new Code Chapter to be designated as Code Chapter 26-34, relating to loan sharking; and for other purposes.

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

On the passage of the Bill, the ayes were 109, nays 0.

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

HB 1170. By Messrs. Northcutt of the 21st, Longino of the 98th and Lee of the 21st:
A Bill to be entitled an Act to provide that no municipality shall have the power or authority to regulate in any manner the operation of any

610

JOURNAL OF THE HOUSE,

taxi or cab stand which is located upon private property; and for other purposes.

The following substitute, offered by Mr. Northcutt of the 21st, was read:
A BILL
To be entitled an Act to provide that any hotel or motel may con tract with any taxi company for certain rights to operate a taxi stand without regard to any ordinance or regulation of any municipality; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Any hotel or motel may contract with any taxi com pany licensed to do business in the municipality for exclusive or non exclusive rights to operate a taxi stand on such hotel's or motel's private property without regard to any ordinance or regulation of such mu nicipality.
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment to the floor substitute was read and adopted.
Mr. Northcutt of the 95th moves to amend substitute to HB 1170 by striking the word "without" from line 10 and striking all of line 11 and by adding in lieu thereof the following:
", and any ordinance or regulation of a municipality to the contrary shall be null and void."

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

MONDAY, JANUARY 24, 1972

611

Those voting in the affirmative were Messrs.:

Adams, G. D.

Hawes

Battle Bennett, J. T. Berry Black Bohannon Bostick Bo wen Brantley, H. L. Bray Carter Chance Collins, M. Collins, S. Cook Davis, W. Dixon Dorminy

Hill, G. Hudson, Ted Hutchinson Jones, Herb Jones, J. R. Knowles Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lewis Longino Lowrey Matthews, D. R. Mauldin Miles Milford

Drury

Morgan

Parrar

Nessmith

Felton

Noble

Floyd, L. R.

North cutt

Gary

Nunn

Grantham

Odom

Ham

Patten

Harrison

Pearce

Peters Pickard Potts Rainey Reaves Roach Rush Russell, A. B. Salem Savage Shanahan Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Thomason
Toles
Triplett
Tripp
Turner
Wheeler, Bobby
Wheeler, J. A.
Wilson
Wood, R. E.

Those voting in the negative were Messrs.

Alexander, W. H. Alexander, W. M. Alien Bell Blackshear Bond Brown, B. D. Brown, C. Brown, S. P. Busbee Chappell Clements Cole Coney, G. D. Coney, J. L. Connell Davis, E. T.
Dean, Gib Dean, J. E.

Dean, N. Dent Ezzard Fraser Gaynor Geisinger Gignilliat Groover Hamilton Harris Hays Hill, B. L. Howard Hudson, C. M. Isenberg Knight Kreeger
Leggett Logan

Mason Matthews, C. McCracken Melton Moyer Mulherin Mullinax Oxford Patterson Phillips, G. S. Poole Scarborough Shepherd Sweat Thompson Ware Whitmire
Williams Wood, J. T.

612

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, John Adams, Marvin Atherton Barfield
Bennett, Tom Brantley, H. H. Buck Burruss Carr
Chandler Cheeks Collier
Colwell Conger Dailey Daugherty Edwards Egan Evans Floyd, J. H.

Grahl Granade Greer Griffin Gunter Harrington Hood Horton Housley Bowell Jessup Johnson Jordan Keyton King Lambert Larsen, W. W. Lee, W. S. Levitas Marcus

Maxwell McDaniell McDonald Merritt Miller
Moore Murphy
Phillips, L. L. Phillips, W. R. Pinkston
Ross Russell, H. P. Russell, W. B. Sherman Sims Sorrells
Sown send Vaughn Wamble Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 78, nays 57.

The Bill, by substitute, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Northcutt of the 21st served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitu tional majority to HB 1170, by substitute, as amended.

HB 749. By Messrs. Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th, Blackshear of the 91st and others:
A Bill to be entitled an Act to amend Code Section 59-106, relating to the revision of jury lists and the selection of grand and traverse jurors, so as to provide that the jury list in each county shall be revised on the second Monday in January, or within 60 days thereafter.

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. Alien Atherton

Battle Bell
Bennett, J. T.

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

MONDAY, JANUARY 24, 1972

613

Grantham Greer Griffin Groover 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 King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis
Logan
Longino
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
McCracken
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, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Thomason Thompson
Toles
Triplett
Tripp
Turner
Vaughn
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

614

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Barfield Chandler Drury Edwards Egan Ezzard Grahl
Hood

Keyton Larsen, W. W. Matthews, D. R. Maxwell Merritt Miller Murphy Oxford
Pickard

Ross Russell, H. P.
Savage Shepherd
Sorrells Townsend
Wamble Mr. Speaker

On the passage of the Bill, the ayes were 169, nays 0.

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

Mr. Gunter of the 6th moved that the following Bill of the House be with drawn from the General Calendar and recommitted to the Committee on Judiciary:

HB 66. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to authorize the District Attorneys of Geor gia, upon approval by their Superior Court Judges, to grant immunity from prosecution in certain criminal proceedings; and for other pur poses.

The motion prevailed.

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

SB 173. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-204, which pro hibits any individual, partnership, person, firm or voluntary associa tion from conducting a banking business without a charter or certificate, as amended, so as to provide that only a regularly chartered or certifi cated bank shall use the words "bank", "banker", etc.; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Section 13-204, which pro hibits any individual, partnership, person, firm, company or volun-

MONDAY, JANUARY 24, 1972

615

tary association from conducting a banking business without a charter or certificate, as amended, so as to provide that no person, firm, partner ship, association or corporation except a regularly chartered bank or regulated certificated bank shall use the words "bank", "banker", "bank ing company", "banking house", or any other similar name indicating that the business done is that of a bank upon any sign or upon any other written or printed matter; to provide exceptions; and to repeal
conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA.

Section 1. Code Section 13-204, which prohibits any individual, partnership, person, firm, company or voluntary association from con ducting a banking business without a charter or certificate, as amended, is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 13-204, to read as follows:

"13-204. Banking Business Prohibited Without Charter or Cer tificate; Use of Certain Terms Prohibited Except by a Regularly Chartered Bank or Regulated Certificated Bank.

(a) No person, firm, partnership, association or corporation shall carry on or conduct a banking business in this State without being chartered or certificated and organized under the banking laws of this State or of the United States.

(b) No person, firm, partnership, association or corporation except a regularly chartered bank or regulated certificated bank duly organized under the laws of this State or of the United States shall use the words 'bank', 'banker', 'banking company', 'banking
house', or any other similar name indicating that the business done is that of a bank upon any sign at its place of business or elsewhere, or upon any of its letterheads, billheads, blank checks, blank notes, receipts, certificates, circulars, advertisements, or any other written or printed matter; Provided, however, that the provisions hereof shall not apply to the use of the words 'banker', 'banking' or
'banker's' or any similar word in a context clearly not purporting to refer to a general banking business."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment to the Committee substitute was read and adopted.

Mr. Cheeks of the 78th moves to amend the Committee substitute to SB 173 by adding a new Section 3 to read as follows:

Section 3.

This Act will have no effect on any business using the name Bank, Banks or Bankers before effective date of this Act.

The Committee substitute, as amended, was adopted.

616

JOURNAL OF THE HOUSE,

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M.
Alien Atherton
Battle Bell Berry Black Blackshear
Bohannon Bond
Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Borwn, 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 Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E.

Dean, N. Dixon Dorminy Drury Evans Ezzard Farrar Felton
Floyd, J. H. Floyd, L. R.
Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham
Greer Griffin Groover Ham Hamilton
Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson
Jones, Herb Jones, J. R. Jordan 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. Matthews, D. R. Mauldin McCracken McDaniell
Melton Merritt Miles Milford Moore Morgan Moyer Mullinax
Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Rush Russell, A. B.

Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow

MONDAY, JANUARY 24, 1972

617

Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner

Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Bennett, J. T. Bennett, Tom Buck Collier Colwell Dent Edwards Egan Gunter

Hill, B. L. Hill, G. Hood Keyton Larsen, W. W. Levitas Maxwell McDonald Miller Mulherin

Murphy Phillips, L. L. Pickard Ross Russell, H. P. Russell, W. B. Scarborough Sorrells Wamble Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 164, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
HR 521-1167. By Messrs. Mulherin of the 78th, Thomason of the 77th, Blackshear of the 91st, Alexander of the 96th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to confer upon counties and municipalities, or any combination thereof, certain power and authority to provide services; and to provide for districts within which such services may be provided; 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 IX of the Constitution is hereby amended by adding at the end thereof a new Section III to read as follows:

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"SECTION III

Paragraph I. In addition to and supplementary of any powers now conferred upon and possessed by any county, municipality, or any combination thereof, any county, any municipality and any combination of any such political subdivisions may exercise the following powers and provide the following services:

(1) Police and fire protection.
(2) Garbage and solid waste collection and disposal.
(3) Public health facilities and services; including hos pitals, ambulance, emergency rescue services, and animal con trol.
(4) Street and road construction and maintenance; in cluding curbs, sidewalks, street lights and traffic control de vices.
(5) Parks, recreation areas, programs and facilities.
(6) Storm water and sewage collection and disposal sys tems.
(7) Development, storage, treatment and purification and distribution of water.
(8) Public housing.
(9) Urban redevelopment programs.
(10) Public transportation system.
(11) Planning and zoning.
(12) Libraries.
(13) Terminal and dock facilities and parking facilities.
(14) Building, housing, plumbing, and electrical codes.

Each county and municipality, and any combination thereof, shall have the authority to enact ordinances and to contract with each other in pursuance of this Paragraph and for the purpose of carrying out and effectuating the powers herein conferred upon such political subdivisions and in order to provide such services. Any county, municipality, and any combination thereof, may pro vide for the creation of special districts within which the above serv ices, or any portion thereof, shall be provided, and to determine and
fix reasonable charges and fees for such services. In addition, the
powers of taxation and assessment may be exercised by any county,
municipality or any combination thereof, or within any such district,
for the above powers and in order to provide such services."

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.

MONDAY, JANUARY 24, 1972

619

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

"YES ( ) Shall the Constitution be amended so as to confer upon counties and municipalities, or any combination there-
NO ( ) of, certain powers and authority to provide services; and to provide that districts may be created within which such services may be provided?"

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

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

By unanimous consent, further consideration of HR 521-1167 was postponed until tomorrow, January 25, 1972, immediately after the period of unanimous consents.

The following communications were received:
STATE OP GEORGIA Office of Legislative Counsel
316 State Capitol Atlanta, Georgia 30334
January 18, 1972
Honorable Ben W. Fortson, Jr. Secretary of State State Capitol Atlanta, Georgia 30334
Dear Mr. Ben:
Enclosed find certificate from the President of the Senate and the Speaker of the House of Representatives certifying that Honorable Frank Morast, Jr., was elected as a member of the State Highway Board from the Third Congressional District. He will serve for a term beginning April 16, 1972 and expiring April 15, 1977. This certificate is furnished

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to you pursuant to the provisions of the 1963 Act reorganizing the State Highway Board.

With kindest personal regards and best wishes, I am.

Sincerely yours,
/s/ Frank H. Edwards Legislative Counsel

FHE/ms Encl.
CC: Honorable Jimmy Carter Honorable Lester G. Maddox Honorable Geo. L. Smith II Honorable Frank Morast, Jr. Honorable Bert Lance Honorable Hamilton McWhorter, Jr. Honorable Glenn W. Ellard Honorable William Harper Honorable Emory Parrish

STATE OF GEORGIA The General Assembly
Atlanta
TO: HONORABLE BEN W. FORTSON, JR. SECRETARY OF STATE
This is to certify that Honorable Frank Morast, Jr., Muscogee Coun ty, has been elected, pursuant to the provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), as a member of the State Highway Board from the Third Con gressional District, for a term of five years and until his successor is elected and qualified, such term beginning April 16, 1972 and expiring April 15, 1977.
This 18th day of January, 1972.
/s/ Lester G. Maddox President of the Senate
/s/ Geo. L. Smith II Speaker, House of Representatives

MONDAY, JANUARY 24, 1972

621

STATE OF GEORGIA The General Assembly
Atlanta

January 18, 1972

Honorable Lester G. Maddox Lieutenant Governor State Capitol Atlanta, Georgia 30334
Dear Lieutenant Governor Maddox:
Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 18, 1972, at 1:00 o'clock p.m., in Room 341, State Capitol, at which caucus Honorable Frank Morast, Jr., Muscogee County, was elected as a member of the State Highway Board from the Third Congressional District to serve a term beginning April 16,1972 and expiring April 15,1977.

Respectfully submitted
/s/ Harry Jackson Senator, 16th District Chairman Third Congressional District Caucus
/s/ Turner R. Scott Senator, 17th District Secretary Third Congressional District Caucus

THE STATE OF GEORGIA The General Assembly Atlanta
January 18, 1972
Honorable Geo. L. Smith II Speaker House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Smith:
Pursuant to your call for a caucus under the provisions of the Act reorganizing the State Highway Board, approved January 25, 1963 (Ga. Laws 1963, p. 3), a caucus was held on January 18, 1972, at 1:00 o'clock p.m., in Room 341, State Capitol, at which caucus Honorable Frank Morast, Jr., Muscogee County, was elected as a member of the

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State Highway Board from the Third Congressional District to serve a term beginning April 16, 1972 and expiring April 15, 1977.

Respectfully submitted,
/a/ Harry C. Jackson Senator, 16th District Chairman Third Congressional District Caucus
/a/ Turner R. Scott Senator, 17th District Secretary Third Congressional District Caucus

The following communication was transmitted to the office of His Excellency, Governor Jimmy Carter:
STATE OF GEORGIA House of Representatives
Atlanta, Georgia
January 24, 1972
Governor Jimmy Carter Executive Department State Capitol Atlanta, Georgia
Dear Governor Carter:
Under date of December 23, 1971 and again on January 10, 1972, you transmitted to me, pursuant to Ga. Laws 1971, p. 4 (House Bill Num ber 1) the official copy of the Executive Reorganization Plan of 1972.
The House of Representatives, pursuant to House Bill Number 1, has completed its consideration of the Reorganization Plan and I now transmit to you the official copy on which is indicated the Sections of said Plan which were vetoed by the House of Representatives.
Cordially yours, /a/ Glenn W. Ellard
Clerk House of Representatives
GWE/gb Enclosure
A Plan to comply with the direction of the General Assembly as provided for in an Act approved February 15, 1971, entitled "An Act

MONDAY, JANUARY 24, 1972

623

to charge and authorize the Governor as Chief Executive, within con stitutional and other limitations, to direct and effectuate the reorganiza tion of any one or more departments, agencies, commissions, boards or bureaus of the Executive Branch of State Government, or of any func
tions thereof; to provide definitions; to provide criteria for the exercise of such authority; to provide when and under what conditions such reorganization shall become effective and final; to provide for an ex piration date; to provide for severability; to repeal conflicting laws; and for other purposes, "(Ga. Laws 1971, p. 4), to simplify the opera tions of the Executive Branch of State Government and make said Execu tive Branch more effective and more responsive to the needs of the people of the State of Georgia by redistributing the powers, duties and functions of the Executive Branch among such offices, boards, commissions, and departments as are herein continued or established; to define such powers, duties, and functions and coordinate the same; to provide for the implementation of such reorganization; to provide an effective date; and for other purposes.

BE IT APPROVED AND RATIFIED BY THE GENERAL AS SEMBLY OF GEORGIA:

CHAPTER 1. GENERAL PROVISIONS.
Section 101. Short Title.
This Plan shall be known and may be cited as "Executive Re organization Plan of 1972."
Section 102. Declaration of Policy and Purpose.
(a) The State Constitution contemplates a separation of power within State Government among the Legislative, the Executive, and Judicial Branches of government. The Legislative Branch determines policies and programs and reviews program performance. The Execu tive Branch executes programs and policies adopted by the Legislature and makes policy recommendations to the Legislature. The Judicial Branch determines the constitutional propriety of the policies and pro grams and adjudicates conflicts arising from the interpretation or ap plication of the laws.
(b) Within constitutional limitations and in accordance with the charge of the 1971 General Assembly as expressed in an Act of the Georgia General Assembly approved February 15, 1971, (Act No. 2, Ga. Laws 1971, p. 4), the agencies which comprise the Executive Branch should be consolidated into a reasonable number of departments con sistent with executive capacity to administer effectively at all levels. The agencies in the Executive Branch should be merged into one of the departments of the Executive Branch established or continued under this Plan to achieve maximum efficiency and effectiveness.
(c) Structural reorganization should be a continuing process through careful executive and legislative appraisal of the placement of proposed new programs and the coordination of existing programs

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in response to public needs. It is the public policy of this State and purpose of this Plan to create a structure of the Executive Branch of State Government which is responsive to the needs of the people of this State and sufficiently flexible to meet changing conditions; to promote economy and efficiency in the operation and management of State Government; to improve services to the citizens of the State; to conserve the human and natural resources of the State; to promote
orderly growth of the State and its Government; to strengthen the executive capacity to administer effectively and efficiently at all levels;
to encourage greater participation in State Government; to effect the grouping of State agencies into a reasonable number of departments primarily according to function; to provide that the responsibility with in the Executive Branch of State Government for the implementation of programs and policies is clearly fixed and ascertainable; and to eliminate overlapping and duplication of effort within the Executive Branch of State Government.

(d) It is the intent of this Reorganization Plan to simplify the operations of the Executive Branch of State Government and to pro vide for the orderly transfer of functions of existing agencies to depart ments provided by this Plan, with the least disruption of the delivery of governmental services.

(e) It is further the intent of this Reorganization Plan not to in crease, decrease, or change the statutory powers of any agency existing before the effective date of this Plan, unless such intent is specifically expressed herein.

Section 103. Definitions. As used in this Plan:

(a) "Agency" means any officer, department, division, bureau, board, commission or agency in the Executive Branch of State Govern ment.

(b) "Unit" means an internal subdivision of an agency, created by statute or by administrative action, including a division, bureau, sec tion, or department, or an agency assigned to a department for ad ministrative purposes only as provided in Section 105 of this Plan.

(c) Except when used in connection with the name of an agency existing before the effective date of this Plan, "department" means a principal, functional and administrative entity provided for by this Plan, within the executive Branch of State Government and in
cludes its divisions.

(d) "Department head" means a director, commission, board, com missioner or constitutional officer or such other official in charge of a department continued or created by this Plan.

(e) "Function" means a duty, power, or program exercised by or assigned to an agency, whether or not specifically provided for by law, including budgeted positions and personnel relating to the performance of such functions unless otherwise provided by this Plan.

MONDAY, JANUARY 24, 1972

625

(f) "Constitution" means the Constitution of the State of Georgia of 1945 as amended.

(g) Unless otherwise required by the context of this Plan, the terms "policy" or "policy-making" as used in this Plan mean those func tions related to establishing the general direction which programs of an agency shall take.

(h) Unless otherwise required by the context of this Plan, the term "administrative" is used to refer to functions related to the spe cific implementation of general policies.

(i) "Classified service" means a position included in the State Merit System of personnel Administration subject to the laws, rules, and regulations relating to the State Personnel Board and the State Merit System of Personnel Administration.

Deleted pursuant to veto by House.

Deleted pursuant to veto by House.

Section 106. Prior Right of Department Head to Agencies and Records.
In order that a department head appointed or holding office pur suant to this Plan might formulate and effectuate plans for the internal organization and the fiscal and personnel administration of the agency which he will administer, each such department head shall, after rati fication of this Plan and, where applicable, after his appointment, have full access to all agencies or units (including records) whose func tions shall be placed within his department by this Plan.

Section 107. Creation of Advisory Councils.
A department head or the Governor may create advisory councils. Any other official or agency of the Executive Branch of State Govern ment may also create advisory councils, but only if federal law or regulation requires that such official or agency create the advisory council as a condition to the receipt of federal funds. Advisory councils may be created only for the purpose of acting in an advisory capacity. Unless otherwise provided by law, any such advisory council shall have a definite termination date in the instrument creating it, such date not to extend beyond the term of the Governor holding office at the time of the creation of such council.

Section 108. Agencies Abolished with Multiple Transfers.
If any agency is abolished before all of its functions have been transferred to other departments as provided by this Plan, the depart-

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ment created in the chapter of this Plan under which the agency is abolished shall succeed to the remaining functions.

Section 109. Agencies Abolished.

Any agency all of whose functions are transferred to another agen cy or agencies as provided in this Plan is abolished as a separate agency.

Section 110. Rights of State Personnel.

Unless otherwise provided in this Plan, each State officer or em ployee affected by the reorganization of the Executive Branch of State Government under this Plan shall be entitled to all rights which he possessed as a State officer or employee before the effective date of the applicable provision of this Plan, including all rights of rank or grade, rights to vacation, sick pay and leave, rights under any retire ment or personnel plan, and any other rights under any law or admin istrative policy. This section is not intended to create any new rights for any State officer or employee, but to continue only those rights in effect before the effective date of the applicable provision of this Plan.
Deleted pursuant to veto by House.

Section 112. Rules, Regulations, and orders.
The department which succeeds to all or part of the functions of an agency under this Plan other than an agency assigned to the depart ment for administrative purposes, also succeeds to the rules, regula tions, and orders of that agency and the power of that agency to make rules and regulations relating to the functions or parts of functions transferred. The rules, regulations, and orders of any agency in effect before the effective date of the provisions of this Plan affecting the agency remain in effect until amended, repealed, superseded or nulli fied by proper authority or as otherwise provided by law.
Section 113. Legal Proceedings.

This Plan shall not affect the validity of any judicial or admin istrative proceeding pending or which could have been commenced before the effective date of the applicable provisions of this Plan, and the department which succeeds to the functions of an agency relating to the proceeding shall be substituted as a part at interest.

Section 114. Rights and Duties Under Existing Transaction.
The rights, privileges, and duties of the holders of bonds and other obligations issued, and of the parties to contracts, leases, indentures, and other transactions entered into, before the effective date of the appli cable provision of this Plan, by the State or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein, remain in effect and none of those rights, privileges, duties, covenants, or agreements is impaired or diminished by reason of the transfer of

MONDAY, JANUARY 24, 1972

627

the functions of an agency or the abolition of an agency in this Plan. The department which succeeds to the functions of an agency is substi tuted for that agency and succeeds to its rights and duties under the provisions of those bonds, contracts, leases, indentures, and other transactions.

Section 115. References.

Unless inconsistent with this Plan, whenever an agency existing before the effective date of the provision of this Plan affecting that agency is referred to by any law, contract, or other document, that reference applies to the department to which the respective functions are transferred by this Plan.

Deleted pursuant to veto by House.

Section 117. Agencies--Continuation.

Any existing agency not provided for in this Plan but established or created by the General Assembly shall continue to exercise all of its functions.

Deleted pursuant to veto by House.

Section 119. Federal Aid.

Whenever any agency or function is transferred, the resulting agency performing the transferred function shall be construed as a
continuation of the original agency for the purposes of federal aid, and may continue to receive any such funds to carry out or perform such functions.

CHAPTER 2. GOVERNOR.
Section 201. The Governor--Continued.
The Governor, provided for in Article V, Section I, Paragraph I of the Constitution, and his functions, and the functions of his office are continued except those functions relating to the Bureau of State Plan ning and Community Affairs and the Budget Bureau which are trans ferred to the Office of Planning and Budget, the Department of In dustry and Trade, and the Department of Human Resources in Chapters 2, 7, and 12 respectively of this Plan, the State Library which is trans ferred to the Department of Law in Chapter 14, and the Division of Con servation and the Commissioner of Conservation which are transferred to the Department of Natural Resources in Chapter 15 of this Plan.
Section 202. Office of Planning and Budget--Created.
There is created in the office of the Governor an Office of Planning and Budget. This Office shall have a director whose title shall be Di rector of the Office of Planning and Budget. The Director shall be

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responsible for management of the Office and exercise supervision and control over the Office. The Director shall be appointed by and serve at the pleasure of the Governor.

Section 203. State Planning and Community Affairs Policy Board-- Functions Transferred.

All of the functions of the State Planning and Community Affairs Policy Board, created in Ga. Laws 1970, p. 321 (Ga. Code Ann. Sec. 40-2909), are transferred as provided in Section 205 of this Plan.

Section 204. State Planning and Community Affairs Officer--Func tions Transferred.

All the functions of the State Planning and Community Affairs Officer, created in Ga. Laws 1970, p. 321 (Ga. Code Ann. Sec. 40-2909), are transferred to the Director of the Office of Planning and Budget created in this Chapter. Unless inconsistent with this Plan, any refer ence in Georgia Laws to the State Planning and Community Affairs Officer means the Director of the Office of Planning and Budget.

Section 205. Bureau of State Planning and Community Affairs-- Functions Transferred.

(a) All of the functions of the Bureau of State Planning and Com munity Affairs, set forth in Ga. Laws 1967, p. 252, (Act No. 123), Sections 5 and 6 are transferred to the Department of Industry and Trade. All other functions of the Bureau of State Planning and Com munity Affairs, set forth in Ga. Laws 1967, p. 252, are transferred to the Office of Planning and Budget unless otherwise inconsistent with this Plan.

(b) All functions of the Bureau of State Planning and Com munity Affairs, set forth in Ga. Laws 1970, pp. 321-332, (Act No. 1066), Sections 4f, 6, 8b, 9, lOa and lOc are transferred to the Office of Plan ning and Budget. All functions set forth in Sections 2, 3b 3c, 4a, 4b, 4c, 4e and 7 of Ga. Laws 1970, pp. 321-332 are abolished. All other functions set forth in Ga. Laws 1970, pp. 321-332, except those provided in Section lOe, transferred to the Department of Human Resources in Section 1211 of this Plan, and Sections 3a, 11, and 12, are transferred to the Department of Industry and Trade. The functions set forth in Sections 3a, 11 and 12 of this statute are transferred to the Board of Commissioners of the Department of Industry and Trade.

Section 206. Budget Bureau--Functions Transferred.
All of the functions of the Budget Bureau and the State Budget Officer established in the office of the Governor, Ga. Laws 1962, p. 17, as amended (Ga. Code Ann. Sec. 40-401 et seq.), are transferred to the Office of Planning and Budget and the Director of the Office of Planning and Budget, respectively. Unless inconsistent with this Plan, any reference in Georgia laws to the Budget Bureau and the State Bud get Officer means the Office of Planning and Budget and the Director of the Office of Planning and Budget, respectively.

MONDAY, JANUARY 24, 1972

629

Section 207. Georgia Commission on the Arts--Transferred.

All of the functions of the Georgia Commission on the Arts, cre ated in Ga. Laws 1968, p. 1235 (Ga. Code Ann. Ch. 40-26), are trans ferred to the Office of Planning and Budget. The Governor shall appoint such advisory councils on the Arts as he deems necessary and appropri ate. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Commission on the Arts means the Office of Planning and Budget created in this Chapter.

Section 208. Georgia Science and Technology Commission--Trans ferred.

All of the functions of the Georgia Science and Technology Com mission, created in Ga. Laws 1964, p. 717, as amended (Ga. Code Ann. Sec. 43-1001 et al.), are transferred to the Office of Planning and Budget. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Science and Technology Commission means the Office of Planning and Budget created in this Chapter.

Section 209. Institute for Research in Bio-Technology--Abolished.

The Institute for Research in Bio-Technology, created in Ga. Laws 1969, p. 987 (Ga. Code Ann., Sec. 43-1008), and its functions are abolished.

CHAPTER 3. LIEUTENANT GOVERNOR.
Section 301. The Lieutenant Governor--Continued.
The Lieutenant Governor, provided for in Article V, Section I, Paragraph VII of the Constitution, and his functions are continued.
CHAPTER 4. DEPARTMENT OF ADMINISTRATIVE SERVICES.
Section 401. Department of Administrative Services--Created; Head.
There is created a Department of Administrative Services. The department head is the Commissioner. The Commissioner shall be ap pointed by the Governor by and with the advice and consent of the Senate. The Commissioner shall serve at the pleasure of the Governor.
Section 402. Supervisor of Purchases--Functions Transferred.
All of the functions of the Office of Supervisor of Purchases and the Supervisor of Purchases, created by Ga. Laws 1931, p. 7, as amended (Ga. Code Ann. Ch. 40-19), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Office of Supervisor of Purchases or the Supervisor of Purchases means the Department of Administrative Services.

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Section 403. Air Transportation--Functions Transferred.

All of the functions of the State Department of Air Transporta tion and the State Board of Air Transportation, created by Ga. Laws
1968, p. 130 (Ga. Code Ann. Ch. 40-30), are transferred to the Depart ment. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Department of Air Transportation or the State Board of Air Transportation means the Department of Administrative Serv ices.

Section 404. State Communications Committee--Functions Trans ferred.

All of the functions of the State Communications Committee, cre ated by Ga. Laws 1969, p. 616, are transferred to the Department. Un less inconsistent with this Plan, any reference in Georgia Laws to the State Communications Committee means the Department of Admin istrative Services.

Section 405. Advisory Council on Georgia Government Documents-- Functions Transferred.

All of the functions of the Advisory Council on Georgia Govern ment Documents, created by Ga. Laws 1971, p. 216; are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Advisory Council on Georgia Government Documents means the Departmenlf-of Administrative Services.

Deleted pursuant to objection of State School Superintendent.

Section 407. Highway Department--Functions Transferred.

The self-insurance Workmen's Compensation functions of the State Highway Department of Georgia, provided for in Ga. Laws 1969, p. 234 (Ga. Code Ann. Sec. 89-926), are transferred to the Department.

Section 408. Additional Functions Transferred.

The Governor shall have the authority to transfer the printing, duplication, reproduction, and copying functions of all State agencies to the Department. This Section shall be implemented by Executive Order of the Governor, and he shall have the authority to implement this Section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such trans fer, the Governor shall consult with the head of the department affected and shall insure that such transfer shall not interrupt such depart
ment's services.

Section 409. Additional Functions Transferred.

The Governor shall have the authority to transfer the electronic data processing and electronic computer service functions of all state agencies to the Department. This Section shall be implemented by

MONDAY, JANUARY 24, 1972

631

Executive Order of the Governor, and he shall have the authority to implement this Section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transfer, the Governor shall consult with the head of the Department affected and shall insure that such transfer shall not interrupt such department's services.

Section 410. State Treasurer--Functions Transferred.
The functions of the State Treasurer and the Treasury Depart ment relating to payment of salaries and expenses to Judges, provided for in Ga. Laws 1945, p. 1199, as amended (Ga. Code Ann. Sec. 242606.1), Ga. Laws 1969, p. 113 (Ga. Code Ann. Sec. 2606.2), and Dis trict Attorneys, provided for in Ga. Laws 1966, p. 438, as amended (Ga. Code Ann. Sec. 24-2904.1), Ga. Laws 1968, p. 992, as amended (Ga. Code Ann. Sec. 24-2922, et al.), are transferred to the Depart ment. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Treasurer or the Treasury Department relating to the functions transferred to the Department in this Sections means the Department of Administrative Services.
Deleted pursuant to objection of State Treasurer.

Section 412. Secretary of State--Functions Transferred.
The functions of the Secretary of State, provided for in Ga. Laws 1970, p. 672 (Ga. Code Ann. Ch. 91-4A), relating to inventory of real property and requirements relating to the acquisition or disposition of real property, except the function of filing and retaining conveyances and plats, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Secretary of State re lating to the functions transferred to the Department in this Section means the Department of Administrative Services.

Section 413. State Properties Control Commission--Continued; As signed.
The State Properties Control Commission, created by Ga. Laws 1964, p. 146, as amended (Ga. Code Ann. Ch. 91-1 A), and its functions are continued. The State Properties Control Commission is assigned to the Department for administrative purposes only as prescribed in Sec tion 105 of this Plan.

Section 414. State Properties Acquisition Commission Functions Transferred.
All of the functions of the State Properties Acquisition Commis sion, created by Ga. Laws 1965, p. 396 (Ga. Code Ann. Ch. 36-1 A), are transferred to the State Properties Control Commission. Unless incon sistent with this Plan, any reference in Georgia Laws to the State Properties Acquisition Commission means the State Properties Control Commission.

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Section 415. Mineral Leasing Commission--Functions Transferred.

All of the functions of the Mineral Leasing Commission, created by Ga. Laws 1945, p. 352, as amended (Ga. Code Ann. Sec. 91-118), are transferred to the State Properties Control Commission. Unless in consistent with this Plan any reference in Georgia Laws to the Mineral Leasing Commission means the State Properties Control Commission,
Section 416. Employees Retirement System of Georgia--Continued; Assigned.
The Employees Retirement System of Georgia, created by Ga. Laws 1949, p. 138, as amended (Ga. Code Ann. Ch. 40-25), and its functions are continued. The System is assigned to the Department for admin istrative purposes only as prescribed in Section 105 of this Plan.
Section 417. Teachers Retirement System of Georgia--Continued; Assigned.
The Teachers Retirement System of Georgia, created by Ga. Laws 1943, p. 640, as amended (Ga. Code Ann. Ch. 32-29), and its functions are continued. The System is assigned to the Department of admin istrative purposes only as prescribed in Section 105 of this Plan.
Section 418. State Depository Board--Continued; Assigned.
The State Depository Board, created by Ga. Laws 1949, p. 13, as amended (Ga. Code Ann. Ch. 100-1), and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 419. Georgia Education Authority (University)--Con tinued; Assigned.
The Georgia Education Authority (University), created by Ga. Laws 1949, p. 1009, as amended (Ga. Code Ann. Ch. 32-1 A), and its functions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 420. Georgia Education Authority (Schools)--Continued; Assigned.
The Georgia Education Authority (Schools), created by Ga. Laws 1951, p. 241, as amended (Ga. Code Ann. Ch. 32-14A), and its func tions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 421. Georgia Building Authority--Continued; Assigned.
The Georgia Building Authority, created by Ga. Laws 1951, p. 699, as amended (Ga. Code Ann. Ch. 91-5A), and its functions are continued.

MONDAY, JANUARY 24, 1972

633

The Authority is assigned to the Department for administrative pur poses only as prescribed in Section 105 of this Plan.

Section 422. Georgia Building Authority (Hospital)--Continued; Assigned.
The Georgia Building Authority (Hospital), created by Ga. Laws 1939, p. 144, are amended (Ga. Code Ann. Ch. 99-14), and its functions are continued. The Authority is assigned to the Department for admin istrative purposes only as prescribed in Section 105 of this Plan.

Section 423. Georgia Building Authority (Markets)--Continued; Assigned.
The Georgia Building Authority (Markets), created by Ga. Laws 1955, p. 224, as amended (Ga. Code Ann. Ch. 65-3), and its functions are continued. The Authority is assigned to the Department for ad ministrative purposes only as prescribed in Section 105 of this Plan.

Section 424. Georgia Building Authority (Penal)--Continued; As signed.
The Georgia Building Authority (Penal), created by Ga. Laws 1960, p. 892, as amended (Ga. Code Ann. Ch. 77-10), and its functions are continued. The Authority is assigned to the Department for admin istrative purposes only as prescribed in Section 105 of this Plan.

Section 425. Bond Indebtedness.
Nothing in this Plan shall affect in any way the obligations of any authorities with respect to their bond indebtedness.

Section 426. State Personnel Board--Continued; Assigned.
The State Personnel Board, provided for in Article XIV, Section I, Paragraph I of the Constitution and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.
Deleted pursuant to veto by House.
Deleted pursuant to veto by House.

Section 429. Refunding Bond Commission--Abolished.
The Refunding Bond Commission, created by Ga. Laws 1947, p. 604 (Ga. Code Ann. Ch. 87-5A), is abolished.
Deleted pursuant to veto by House.

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CHAPTER 5. DEPARTMENT OF AGRICULTURE.

Section 501. Department of Agriculture--Continued; Head.

The Department of Agriculture, created by Ga. Laws 1874, p. 5, as amended (Ga. Code Ann. Sec. 5-101), and its functions are continued. The department head is the Commissioner of Agriculture.

Section 502. Livestock and Poultry Disease Control Board--Func tions Transferred.

All of the functions of the livestock and Poultry Disease Control Board, created by Ga. Laws 1956, p. 247, as amended (Ga. Code Ann. Ch. 62-18), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Livestock and Poultry Disease Control Board means the Department of Agriculture.

Deleted Pursuant to veto by House.

Section 504. Department of Public Health--Functions Transferred.

The functions of the Department of Public Health relating to Articles of bedding, provided for by Ga. Laws 1964, p. 499, 552, et al., as amended (Ga. Code Ann. Ch. 88-8), are transferred to the Depart ment. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred to the Department in this Section means the Department of Agriculture.

Section 505. Department of Revenue--Functions Transferred.
The motor fuel testing and pump calibration functions of the De partment of Revenue, provided for in Ga. Laws 1927, p. 279, as amended (Ga. Code Ann. Sec. 73-220), are transferred to the Department. Un less inconsistent with this Plan, any reference in Georgia Laws to the functions transferred to the Department in this Section means the Department of Agriculture.

Section 506. State Oil Chemist--Functions Transferred.
The State Oil Chemist, provided for by Ga. Laws 1927, p. 279, as amended (Ga. Code Ann. Ch. 73-2), and his functions are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the positions and functions transferred to the De partment in this Section means the Department of Agriculture.

Section 507. Department of Revenue--Functions Transferred.
The Inspectors of the Department of Agriculture, in the regular course of their duties, shall verify that each facility they inspect has proper state licenses for the sale of cigarettes, malt beverages, and wine. Should any facility not have such State licenses as required by law, the Commissioner of Revenue shall be notified of such fact im mediately so that he can take such action as required by law.

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635

Section 508. Department of Public Health--Functions Transferred.

The functions of the Department of Public Health relating to regulation of canning factories and shucking plants, provided for in Ga. Laws 1955, p. 483 (Ga. Code Ann. Sec. 45-931), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred in the Department in this Section means the Department of Agriculture.

Section 509. Georgia Seed Development Commission--Continued; Assigned.

The Georgia Seed Development Commission, created by Ga. Laws 1959, p. 83 (Ga. Code Ann. Ch. 5-27), is continued. The Commission is assigned to the Department for administrative purposes only as pre scribed in Section 105 of this Plan.

Deleted pursuant to veto by House.

Section 511. Georgia Milk Commission--Abolished.

The Georgia Milk Commission, created by Ga. Laws 1937, p. 247, as amended (Ga. Code Ann. Sec. 42-525), is abolished.

Section 512. Commission on State Institutional Farms--Abolished.

The Commission on State Institutional Farms, created by Ga. Laws 1966, p. 734 (Ga. Code Ann. Sec. 5-2803), is abolished.

CHAPTER 6. DEPARTMENT OF AUDITS AND ACCOUNTS.
Section 601. Department of Audits and Accounts and State Au ditor--Continued.
The Department of Audits and Accounts and the State Auditor, created by the Ga. Laws 1923, Extra Session, page 7, as amended (Ga. Code Ann. Ch. 40-18), and their functions are continued.
Section 602. Board of Equalization--Abolished.
The Board of Equalization, created by Ga. Laws 1970, p. 542, 548 (Ga. Code Ann., Sec. 92-7013), and its functions are abolished.

CHAPTER 7. DEPARTMENT OF INDUSTRY AND TRADE.
Section 701. Department of Industry and Trade--Continued.
The Department of Industry and Trade created in Article V, Sec tion X, Paragraph I of the Constitution and its functions are continued, except those functions related to the Metropolitan Rapid Transit Au-

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thority transferred to the Department of Transportation in Section 2106
of this Plan, and those functions related to aviation transferred to the Department of Transportation in Section 2105 of this Plan. The Di
rector shall be the executive officer and administrative head as pre scribed by the Constitution.

Section 702. Board of Commissioners of the Department of In dustry and Trade--Continued.
The Board of Commissioners of the Department of Industry and Trade, created in Article V, Section X, Paragraph I of the Constitution, and its functions are continued except those functions transferred in Sections 2105 and 2106 of this Plan, and those functions added in Sec tion 205 of this Plan.

Section 703. Division of Community Affairs--Creation.
There is created a Division of Community Affairs in the Depart ment of Industry and Trade. There shall be a Director of this Division. The Director shall exercise supervision and control over all employees of the Division. The Director of the Division of Community Affairs shall be appointed by the Director of the Department of Industry and Trade.

Section 704. Division of Community Affairs--Functions Trans ferred.
All of the functions transferred from the Bureau of State Planning and Community Affairs by this Plan in Chapter 2 to the Department of Industry and Trade are assigned to the Division of Community Affairs.

Section 705. Other Functions Transferred.
The functions of the Ocean Science Center of the Atlantic Commis sion, provided for in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. Sec. 43-1301 et al.), to promote participation in and arrange for the location of research and industrial activities are transferred to the Department of Industry and Trade.
Deleted pursuant to veto by House.

CHAPTER 8. COMPTROLLER GENERAL.
Section 801. Comptroller General--Continued.
The Comptroller General of Georgia, provided for in Article V, Sec tion II, Paragraph I of the Constitution, and his functions are con tinued. Deleted pursuant to objection of the Comptroller General.
Deleted Pursuant to veto by House.

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637

CHAPTER 9. DEPARTMENT OF DEFENSE.

Section 901. Department of Defense--Continued.
The Department of Defense, created in Ga. Laws 1955, pp. 10, 23 (Ga. Code Ann. Sec. 86-201), its present organization and its func tions are continued.

Section 902. Adjutant General--Continued.
The Adjutant General shall continue to be the department head and shall continue to exercise all his functions as prescribed by law.

CHAPTER 10. DEPARTMENT OF EDUCATION.
Deleted pursuant to veto by House.
Section 1002. State Board of Education--Continued.
The State Board of Education, provided for in Article VIII, Sec tion II, Paragraph I of the Constitution, and its functions are con tinued.
Section 1003. State Superintendent of Schools--Continued.
The State Superintendent of Schools, provided for in Article VIII, Section III, Paragraph I of the Constitution, and his functions are continued.
Section 1004. State Treasurer--Functions Transferred.
The functions of the State Treasurer and the Treasury Depart ment relating to distribution of State funds under the Minimum Foun dation Program of Education Act, provided for in Ga. Laws 1964, p. 3 (Ga. Code Ann. Sec. 32-647), are transferred to the Department. Un less inconsistent with this Plan, any reference in Georgia Laws to the State Treasurer or the Treasury Department relating to the functions transferred to the Department in this Section means the State Depart ment of Education.
Section 1005. Industry Services Advisory Committee--Functions Transferred.
All of the functions of the Industry Services Advisory Committee, created by Ga. Laws 1968, p. 1138 (Ga. Code Ann. Ch. 32-36), are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Industry Services Advisory Com mittee means the State Department of Education.
Deleted pursuant to veto by House.

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Section 1007. Professional Practices Commission--Abolished.

The Professional Practices Commission, created by Ga. Laws 1967, p. 840, as amended (Ga. Code Ann. Sec. 32-839-842), is abolished.

Deleted pursuant to veto by House.

Section 1009. Fernbank Science Center Committee--Abolished.

The Fernbank Science Center Committee, created by Ga. Laws 1970, p. 747, is abolished.

CHAPTER 11. DEPARTMENT OF FINANCIAL REGULATION.
Section 1101. Department of Financial Regulation--Created.
There is created a Department of Financial Regulation. The depart ment head is a Commissioner who shall exercise supervision and control over all divisions and employees of the Department of Financial Regu lation.
Section 1102. Commissioner--Term of Office.
The Commissioner shall be appointed by the Governor for a fouryear term. The initial term of the Commissioner shall terminate on January 20, 1976. Each succeeding term of office shall be for four years commencing on the expiration date of the previous term.
Section 1103. Department of Banking and Superintendent of Banks--Functions Transferred.
All of the functions of the Department of Banking, and the position of Superintendent of Banks, created in Ga. Laws 1919, p. 135, as amended (Ga. Code Ann. Sec. 13-301 et al.), including the regulation of credit unions, are transferred to the Department of Financial Regu lation. Unless inconsistent with this Plan, any reference in Georgia, Laws to the Department of Banking or the Superintendent of Banks means the Department of Financial Regulation.
Section 1104. Regulation of State Building and Loan Associa tions--Functions Transferred.
All functions of the Secretary of State of Georgia relating to State Building and Loan Associations, Georgia Laws 1937-38, Extra Session, p. 307, as amended (Ga. Code Ann. Sec. 16-401 et al.), or any other functions related to the regulation of State Building and Loan Associations or State Savings and Loan Associations are transferred to the Department of Financial Regulation. The Commissioner of the Department of Financial Regulation is hereby designated the Georgia Building and Loan Commissioner.
Deleted pursuant to objection of Comptroller General.

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639

Section 1106. Functions Retained.

Nothing in this Plan shall divest the Secretary of State of any existing functions related to the chartering or liquidation of any bank, credit union, State building and loan association, State savings and loan association, or corporation.

CHAPTER 12. DEPARTMENT OF HUMAN RESOURCES.
Section 1201. Department of Human Resources--Created.
There is created a Department of Human Resources.
Deleted pursuant to veto by House.
Section 1203. Commissioner of Human Resources--Created.
There is created the position of Commissioner of Human Re sources. The Commissioner shall be the chief administrative officer and be both appointed and removed by the Board of Human Resources subject to the approval by the Governor. Subject to the general policy established by the Board, the Commissioner shall supervise, direct, ac count for, organize, plan, administer, and execute the functions vested in the Department by this Plan.
Section 1204. State Department of Family and Children Services-- Functions Transferred to Department.
All of the functions of the State Department of Family and Chil dren Services, created in Ga. Laws 1937, p. 355, as amended (Ga. Code Ann. Sec. 99-103), and of its units, except those functions transferred in Section 2402 of this Plan, are transferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Department of Family and Children Services means the Department of Human Resources.
Section 1205. State Board for Children and Youth--Functions Transferred.
All of the functions of the State Board for Children and Youth, created in Ga. Laws 1963, p. 81 (Ga. Code Ann. Sec. 99-204 (a) ), ex cept for the policy-making functions transferred to the Board of Human Resources in Section 1212 of this Plan, are transferred to the Depart ment. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board for Children and Youth, except references to its policy-making functions, means the Department of Human Resources.
Deleted pursuant to veto by House.
Deleted pursuant to veto by House.

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Section 1206.2. Additional Functions Transferred.

The functions with respect to the Division for Georgia Water Quality Control and the State Water Quality Control Board, created in Ga. Laws 1964, p. 416, as amended (Ga. Code Ann. Sec. 17-504), are transferred to the Department of Natural Resources in Section 1520 of this Plan.

Section 1206.3. Additional Functions Transferred.

The functions with respect to Air Quality Control, contained in Ga. Laws 1967, p. 581 as amended (Ga. Code Ann. Sec. 88-901), are transferred to the Department of Natural Resources in Section 1533 of this Plan.

Section 1206.4. Additional Functions Transferred.

The functions with respect to Water Supply Quality Control, con tained in Ga. Laws 1964, p. 499 (Ga. Code Ann. Ch. 88-26), are trans ferred to the Department of Natural Resources in Section 1534 of this Plan.

Section 1206.5. Additional Functions Transferred.

The functions with respect to oyster bed inspection, contained in Ga. Laws 1955, p. 483, 540 (Ga. Code Ann. Sec. 45-926), are trans ferred to the Department of Natural Resources in Section 1532 of this Plan.

Section 1206.6. Additional Functions Transferred.
The functions of the Department of Public Health with respect to Solid Waste Management are transferred to the Department of Natural Resources in Section 1535 of this Plan.

Section 1206.7. Additional Functions Transferred.
The functions with respect to regulation of articles of bedding, con tained in Ga. Laws 1964, p. 499, 552, et al., as amended (Ga. Code Ann. Sec. 88-801 et seq.), are transferred to the Department of Agri culture in Section 504 of this Plan.

Section 1206.8. Additional Functions Transferred.
The functions with respect to regulation of canning factories and shucking plants, contained in Ga. Laws 1955, pp. 483, 542 (Section 114) (Ga. Code Ann. Sec. 45-931), are transferred to the Department of Agriculture in Section 508 of this Plan.

Section 1207. Division of Vocational Rehabilitation--Functions Transferred.
All of the functions of the Division of Vocational Rehabilitation,

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641

established in the State Board of Education by Georgia Laws 1951, p. 516, as amended (Ga. Code Ann. Sec. 32-2302), are transferred to the Department of Human Resources. The official of the Department of Human Resources who is charged with the administration of the func tions transferred to the Department in this Section shall be included in the classified service. He shall possess those qualifications currently provided by law with respect to the Director of the Division of Voca tional Rehabilitation. Unless inconsistent with this Plan, any reference in Georgia Laws to the Division Of Vocational Rehabilitation means the Department of Human Resources.

Deleted pursuant to veto by House.
Section 1209. State Commission on Aging--Functions Transferred to Department.
All of the functions of the State Commission on Aging, created in Ga. Laws 1962, p. 604 (Ga. Code Ann. Sec. 99-2602), except the policymaking functions transferred to the Board of Human Resources in Section 1217 of this Plan, are transferred to the Department of Human Resources. Unless inconsistent with this Plan any reference in Georgia Laws to the State Commission on Aging means the Department of Human Resources.
Deleted pursuant to veto by House.
Section 1211. Additional Functions Transferred to Department.
The functions of the Bureau of State Planning and Community Affairs with respect to housing, contained in Ga. Laws 1970, pp. 321, 327. Section lOe, (Ga. Code Ann. Sec. 40-2916 (c) ), are transferred to the Department of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Bureau of State Planning and Community Affairs with respect to its housing functions means the Department of Human Resources.
Section 1212. State Board for Children and Youth--Functions Transferred to Board.
The policy-making functions of the State Board for Children and Youth, contained in Ga. Laws 1963, p. 81 (Ga. Code Ann. Sec. 99-206 (a) ) are transferred to the Board of Human Resources. Unless incon sistent with this Plan, any reference in Georgia Laws to the Board for Children and Youth with respect to its policy-making functions means the Board of Human Resources.
Deleted pursuant to veto by House.

Section 1214. State Board of Education--Functions Transferred to Board.

The policy-making functions of the State Board of Education and its executive officer pertaining to the Division of Vocational Rehabili-

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tation, contained in Ga. Laws 1951, p. 516 et seq., as amended (Ga. Code Ann. Sec. 32-2302 et seq.), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Board of Education or to the same body designated as the State Board of Education pertaining to policy-making functions with respect to the Division of Vocational Rehabilitation means the Board of Human Resources.

Deleted pursuant to veto by House.

Deleted pursuant to veto by House.

Section 1217. Commission on Aging--Functions Transferred to Board.

The policy-making functions of the Commission on Aging, created in Ga. Laws 1962, p. 604 (Ga. Code Ann., Sec. 99-2602), are transferred to the Board of Human Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Commission on Aging pertaining to its policy-making functions means the Board of Human Resources.

Deleted pursuant to veto by House.

Deleted pursuant to veto by House.

Deleted pursuant to veto by House.

Section 1221. Commission on the Status of Women--Continued; As signed.

The Commission on the Status of Women, created in Ga. Laws 1966, p. 605, is continued, and the Commission is assigned to the Depart ment of Human Resources for administrative purposes only as pre scribed in Section 105 of this Plan.

Deleted pursuant to veto by House.

Section 1223. Council on Aging--Creation.

There is created a Council on Aging within the Department.

Section 1224. Georgia Factory for the Blind--Continued; Trans ferred.

The Georgia Factory for the Blind, created in Ga. Laws 1937, p. 579, as amended (Ga. Code Ann. Sec. 99-801), is continued and is transferred to the Department of Human Resources created in this
Chapter.

Section 1225. Additional Functions Transferred. All of the functions of the Radiation Control Council, created in

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643

Ga. Laws 1964, p. 499, 568, as amended (Ga. Code Ann. Sec. 88-1305), are transferred to the Department of Human Resources.

Section 1226. State Board of Family and Children Services-- Abolished.

The State Board of Family and Children Services, provided for in Ga. Laws 1937, p. 355, as amended (Ga. Code Ann. Sec. 99-104-106), is abolished.

Section 1227. Food Service Advisory Council--Abolished.

The Food Service Advisory Council, created in Ga. Laws 1964, pp. 499, 560, as amended (Ga. Code Ann. Sec. 88-1005), is abolished.

Section 1228. Georgia Youth Council--Abolished.
The Georgia Youth Council, created in Ga. Laws 1966, p. 601, is abolished.

CHAPTER 13. DEPARTMENT OF LABOR.
Section 1301. Department of Labor--Continued.
The Department of Labor, created by Ga. Laws 1937, p. 320 (Ga. Code Ann. Sec. 54-102), and its functions are continued. Deleted. See Section 1303. The Commissioner of Labor, provided for in Article V, Section II, Paragraph I of the Constitution, shall continue to be the department head and exercise those functions assigned to him by law except those transferred in this Plan.
Section 1301a. State Board of Workmen's Compensation--Con tinued.
The State Board of Workmen's Compensation, created in Ga. Laws 1943, p. 167, as amended (Ga. Code Ann. Sec. 54-108), and its functions are continued.
Section 1302. Director of Administration--Created.
There is created the position of Director of Administration under the State Board of Workmen's Compensation who shall be responsible for handling the administrative functions of the agency. He shall be both appointed and removed by the State Board of Workmen's Compensation subject to the approval of the Governor.
Deleted pursuant to objection of Commissioner of Labor.

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CHAPTER 14. DEPARTMENT OF LAW.

Section 1401. Department of Law--Continued; Head.

The Department of Law, created in Georgia Laws 1943, p. 284, as amended (Ga. Code Ann. Sec. 46-1612), and its functions are continued. The Attorney General as provided by the Constitution, Article V, Sec tion II, Paragraph I, is the department head and shall exercise those functions authorized by law.

Section 1402. State Library--Transferred.

The State Library, created in Ga. Laws 1947, p. 1166 (Ga. Code Ann. See. 101-101), is continued and transferred to the Department of Law. The State Library shall be under the direction and supervision of the Attorney General.

Section 1403. State Literature Commission--Functions Trans ferred.
All of the functions of the State Literature Commission, created in Ga. Laws 1953, Jan.-Feb. Session, p. 135, as amended (Ga. Code Ann. Ch. 40-31), are transferred to the Department of Law. Unless incon sistent with this Plan, any reference in Georgia Laws to the State Literature Commission means the Department of Law.

CHAPTER 15. DEPARTMENT OF NATURAL RESOURCES,
Section 1501. Department of Natural Resources--Created; Head.
(a) There is created a Department of Natural Resources.
(b) There is created the position of Commissioner of Natural Re sources. The Commissioner shall be both appointed and removed by the State Game and Fish Commission subject to approval of the Gov ernor. Subject to the general policy established by the State Game and Fish Commission, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department of Natural Resources by this Plan.
Section 1502. Department of Mines--Functions Transferred.
All of the functions of the Department of Mines, Mining, and Ge ology, created in Ga. Laws 1937, p. 264, as amended (Ga. Code Ann. Sec. 43-117), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Mines, Mining, and Geology means the De partment of Natural Resources.
Section 1503. State Forestry Commission--Functions Transferred.
All of the functions of the State Forestry Commission, created in

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645

Ga. Laws 1955, p. 309, as amended (Ga. Code Ann. Sec. 43-201 et al.),, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Forestry Commission means the Department of Natural Resources.

Section 1504. Department of State Parks--Functions Transferred.
All of the functions of the Department of State Parks, Historic Sites, and Monuments, created in Ga. Laws 1937, p. 264, as amended (Ga. Code Ann. Sec. 43-120 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Parks, Historic Sites, and Monuments means the Department of Natural Resources.

Section 1505. State Division of Conservation--Functions Trans ferred.
All of the functions of the State Division of Conservation and of the Commissioner of Conservation, created in Ga. Laws 1943, p. 180, as amended (Ga. Code Ann. Sec. 43-101 et al), are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Division of Conservation or the Commissioner of Conservation means the Department of Natural Resources.

Section 1506. Chattahoochee River Basin Commission Functions Transferred.
All of the functions of the Georgia Commission for the Develop ment of the Chattahoochee River Basin, created in Ga. Laws, 1967, p. 805, and its units are transferred to the Department of Natural Re sources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Commission for the Development of the Chatta hoochee River Basin means the Department of Natural Resources.

Section 1507. Altamaha River Basin Commission--Functions Trans ferred.
All of the functions of the Altamaha River Basin Commission, cre ated in Ga. Laws 1970, p. 632, and its units are transferred to the De partment of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Altamaha River Basin Commission means the Department of Natural Resources.

Section 1508. Georgia Recreation Commission--Functions Trans ferred.
All of the functions of the Georgia Recreation Commission, cre ated in Ga. Laws 1963, p. 445, as amended (Ga. Code Ann. Sec. 992301 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia

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laws to the Georgia Recreation Commission means the Department of Natural Resources.

Deleted pursuant to veto by House.

Section 1510. Ty Cobb Memorial Commission--Functions Trans ferred.
All of the functions of the Ty Cobb Baseball Memorial Commis sion, created in Ga. Laws 1962, p. 674, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Ty Cobb Baseball Me morial Commission means the Department of Natural Resources.

Section 1511. Surface Mined Land Use.Board--Functions Trans ferred.
All of the functions of the Surface Mined Land Use Board, cre ated in Ga. Laws 1968, p. 9, as amended (Ga. Code Ann. Sec. 43-1404), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Surface Mined Land Use Board means the Department of Natural Re sources.

Section 1512. Coastal Marshlands--Functions Transferred.
All of the functions of the Coastal Marshlands Protection Agency, created in Ga. Laws 1970, p. 939 (Ga. Code Ann. Sec. 45-136), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Coastal Marshlands Protection Agency means the Department of Natural Resources.

Section 1513. Georgia Natural Areas Council--Functions Trans ferred.
All of the functions of the Georgia Natural Areas Council, created in Ga. Laws 1969, p. 750, as amended (Ga. Code Ann. Sec. 43-1203), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Natural Areas Council means the Department of Natural Re sources.

Section 1514. Georgia Waterways Commission--Functions Trans ferred.
All of the functions of the Georgia Waterways Commission, created in Ga. Laws 1953, Nov.-Dec. Sess., p. 67 (Ga. Code Ann. Sec. 17-301), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Waterways Commission means the Department of Natural Resources.

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647

Section 1515. Georgia Forest Research Council--Functions Trans ferred.

All of the functions of the Georgia Forest Research Council, created in Ga. Laws 1953, Nov.-Dec. Sess., p. 45 (Ga. Code Ann. Sec. 43-801), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Forest Research Council means the Department of Natural Re sources.

Section 1516. North Georgia Mountains Commission--Functions Transferred.

All of the functions of the North Georgia Mountains Commission, created in Ga. Laws 1968, p. 291 (Ga. Code Ann. Sec. 99-2701 efc al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the North Georgia Mountains Commission means the Department of Natural Resources.

Section 1517. Lake Lanier Islands Development--Commission-- Functions Transferred.

All of the functions of the Lake Lanier Islands Development Com mission, created in Ga. Laws 1969, p. 392, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Lake Lanier Islands De velopment Commission means the Department of Natural Resources.

Section 1518. Citizens Evironmental Council--Functions Trans ferred.

All of the functions of the Citizens Environmental Council, created in Ga. Laws 1971, p. 788, and its units are transferred to the Depart ment of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Citizens Environmental Council means the Department of Natural Resources.

Section 1519. Rivers and Harbors Development Commission--Func tions Transferred.

All of the functions of the Rivers and Harbors Development Com mission, created in Ga. Laws 1967, p. 516, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Rivers and Harbors De velopment Commission means the Department of Natural Resources.

Section 1520. State Water Quality Control Board, Division for Georgia Water Quality Control--Functions Transferred.
All of the functions of the State Water Quality Control Board and the Division for Georgia Water Quality Control, created in Ga. Laws 1964, p. 416, as amended (Ga. Code Ann. Sec. 17-504), are transferred

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to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Public Health or the Board of Health relating to the functions transferred in this Section and in Sections 1532 through 1535 to the Department of Natural Resources means the Department of Natural Resources.

Section 1521. Ocean Science Center of the Atlantic--Functions Transferred.
All functions of the Ocean Science Center of the Atlantic Com mission, created in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. Sec. 43-1301, et al.)> except those functions transferred in Sections 705 and 2303 of this Plan, are transferred to the Department of Natural Resources.
Section 1522. Soil and Water Conservation Committee--Continued; Assigned.
The Soil and Water Conservation Committee, created in Ga. Laws 1937, p. 377, as amended (Ga. Code Ann. Sec. 5-1807, et al.), is continued and is assigned to the Department of Natural Resources for administra tive purposes only as prescribed in Section 105 of this Plan.
Section 1523. Jekyll Island State Park Authority--Continued; Assigned.

The Jekyll Island State Park Authority, created in Ga. Laws 1950, p. 152, as amended (Ga. Code Ann. Sec. 43-601a, et al.), and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan.
Section 1524. Stone Mountain Memorial Association--Continued; Assigned.
The Stone Mountain Memorial Association, created in Ga. Laws 1958, p. 61, as amended, and its functions are continued. The Association is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1525. Groveland Lake Development Authority, created in Ga. Laws 1969, p. 572, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1526. North Georgia Mountains Authority--Continued; Assigned.
The North Georgia Mountain Authority, created in Ga. Laws, 1968, p. 297, as amended (Ga. Code Ann. Ch. 99-32), and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed by Section 105 of this Plan.

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649

Section 1527. Lake Lanier Island Development Authority--Con tinued; Assigned.

The Lake Lanier Islands Development Authority, created in Ga. Laws 1962, p. 736, as amended, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1528. Kinchafoonee Lake Authority--Continued; Assigned.

The Kinchafoonee Lake Authority, created in Ga. Laws 1970, p. 3379, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed by Section 105 of this Plan.

Section 1529. Bond Indebtedness.
Nothing in this Plan shall affect in any way the obligations of any authorities with respect to their bond indebtedness.

Section 1530. Herty Foundation--Functions Continued; Assigned.
The Herty Foundation, created in Ga. Laws 1937-38 Extra Sess. p. 191 (Ga. Code Ann. Sec. 43-501), and its functions are continued. The Foundation is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Plan. The Herty Foundation shall continue to hire its own personnel as presently provided by law.

Section 1531. State Game and Fish Commission--Continued.
The State Game and Fish Commission, created in the Constitution, Article V, Section IV, Paragraph I, is continued and shall establish the general policies to be followed by the Department of Natural Resources. The operational, field, and administrative functions of the State Game and Fish Commission, set forth in Ga. Laws 1955, p. 483, as amended (Ga. Code Ann. See. 45-103 et al.), are transferred to the Department of Natural Resources. The State1 Game and Fish Commission shall have all the policy-making functions previously granted by law to those agencies whose functions are transferred to the Department of Natural Resources by this Plan.

Section 1532. Oyster Bed Inspection--Functions Transferred.
All functions pertaining to oyster bed inspection, Ga. Laws 1955, p. 483 (Ga. Code Ann, Sec. 45-926 et al.), performed by the State Department of Public Health are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred in this Section maans the Department of Natural Resources.

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Section 1533. Air Quality Control--Functions Transferred.

All functions related to Air Quality Control, Ga. Laws 1967, p. 581, as amended (Ga. Code Ann, Sec. 88-903 et al.), performed by the Department of Public Health and the Board of Health are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in the Georgia Laws to the functions transferred in this Section means the Department of Natural Resources.

Section 1534. Water Supply Quality Control--Functions Trans ferred.

All functions related to Water Supply Quality Control, Ga, Laws 1964, p. 499 (Ga. Code Ann. Sec. 88-2601 et al.), performed by the Department of Public Health and the Board of Health are transferred to the Department of Natural Resources. Unless inconsistent with this Plan, any reference in Georgia Laws to the functions transferred in this Section means the Department of Natural Resources.

Section 1535. Solid Waste Management--Functions Transferred.

All of the functions related to Solid Waste Management performed by the Department of Public Health and the Board of Health are trans ferred to the Department of Natural Resources,

Section 1536. Additional Functions.

The Commissioner of the Department of Natural Resources with the approval of the Governor is hereby authorized to implement the United States "Land and Water Conservation Fund Act of 1965," Pub. Law 88-578 (1965), and the Georgia "State Assistance Fund" as estab lished by the General Assembly of the State of Georgia, Ga. Laws 1969, p. 855, as amended, and shall have all powers, duties and authority of office as provided by the laws of Georgia.

Section 1537. Compact Representation--Designation.

The Commissioner or his designated representative shall represent the State in the Interstate Environmental Compact, Ga, Laws 1971, p. 194. The Commissioner or his designated representative shall be the Compact Administrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact, Ga. Laws 1953, Nov.-Dec. Session, p. 49. The Commissioner or his designated representative shall be a commissioner to the Atlantic States Marine Fisheries Commission,
Ga. Laws 1955, p. 483.

Deleted Pursuant to objection, of Secretary of State.

Section 1539. Division of Environmental Protection--Created; Head; Functions Transferred.

*

There is created within the Department a Division of Environmental

Protection. All of the functions transferred to the Department in

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651

Sections 1520, 1533, 1534, and 1535 of this Plan and those functions of the Georgia Surface Mined Land Use Board, transferred to the Depart ment in Section 1511 of this Plan, relating to strip mining are hereby assigned to the Division of Environmental Protection. The Division shall have a Director who shall be both appointed and removed by the State Game and Fish Commission with the approval of Commissioner of the Department. The position of Director shall be included in the classified service. The Director of the Division shall be responsible for enforcing the environmental protection laws of Georgia, including those enumerated above and any others which may be assigned to the Division.

Deleted Pursuant to Veto by House.

CHAPTER 16. DEPARTMENT OF PUBLIC SAFETY.
Section 1601. Department of Public Safety--Created.
There is created a department of Public Safety.--Deleted Pursuant to Veto by House.
Section 1603. Commissioner of Public Safety--Created.
There is created the position of Commissioner of Public Safety. The Commissioner shall be the chief administrative officer and shall be both appointed and removed by the Board with the approval of the Governor. Except as otherwise provided by this Plan, and subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department by this Plan.
Section 1604. Department of Public Safety--Functions Trans ferred.
All of the functions of the Department of Public Safety created in Ga, Laws 1937, p. 322, as amended (Ga. Code Ann. Sec. 92A-101 et seq.), and its units, except the policy-making functions transferred to the Board in Section 1613 of this Plan, are transferred to the Department of Public Safety created in this Chapter. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Public Safety means the Department of Public Safety created in this Chapter.
Deleted Pursuant to objection of Comptroller General.
Deleted Pursuant to Veto by House.
Section 1607. Additional Functions Transferred to Department.
The functions of the Public Service Commission relating to the performance of safety inspections of motor vehicles pursuant to Georgia Laws 1931, Extra Session, pp. 99, 111 and Georgia Laws 1931, pp. 199, 209 (Ga, Code Ann. Sec. 68-251 (a), 68-627 (a)), are transferred

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to the Department of Public Safety. The Public Service Commission shall retain the responsibility for establishing inspection criteria for vehicles subject to its regulation. Unless inconsistent with this Plan, any reference in Georgia Laws to the Public Service Commission relating to the performance of its vehicle safety inspection functions means the Department of Public Safety.

Section 1608. Office of Coordinator of Highway Safety--Continued; Renamed; Transferred.

The office of Coordinator of Highway Safety provided for in Ga. Laws 1967, pp. 708, 709 (Ga. Code Ann. Sec. 92A-1001), is continued, is renamed the Office of Highway Safety, and the Office is transferred to the Department. The director of the Office shall report to the Com missioner of Public Safety who is hereby designated the Governor's Highway Safety Representative. The Office of Highway Safety is charged and empowered to carry out the responsibilities established by the National Highway Safety Act of 1966, Pub. Law 89-564, as amended. Unless inconsistent with this Plan, any reference in Georgia Laws to the Coordinator of Highway Safety means the Office of Highway Safety.
Section 1609. Georgia Peace Officer Standards and Training Council--Continued; Assigned.
The Georgia Peace Officer Standards and Training Council, created in Ga. Laws 1970, p. 208 (Ga. Code Ann. Sec. 92A-2103 et seq.), and its functions are continued. The Council is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1610. Georgia Police Academy Board--Functions Trans ferred to Peace Officer Standards and Training Council.
All of the functions of the Georgia Police Academy Boiard, created in Ga. Laws 1962, p. 535 (Ga. Code Ann. Sec. 32-3201), are transferred to the Georgia Peace Officer Standards and Training Council, provided for in Section 1609 of this Plan. Unless inconsistent with this Plan, any reference in Georgia Laws to the Georgia Police Academy Board means the Georgia Peace Officer Standards and Training Council.

Section 1611. Georgia Firefighters Standards and Training Coun cil--Continued; Assigned.
The Georgia Firefighter Standards and Training Council, created in Ga. Laws 1971, p. 693, its units, including the Georgia Fire Institute, and their functions are continued. The Council is assigned to the Depart ment for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1612. Division of Investigation--Created.

There is created a Division of Investigation within the Department.

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653

The division head shall be a Director who> is appointed by and serves at the pleasure of the Board, and who reports directly to the Board.

The functions enumerated in Section 1612.1 through 1612.4 shall be assigned to the Division of Investigation.

Section 1612.1 Functions Assigned to Division.
The functions of the Bureau of Investigation, provided for in Ga. Laws 1937, pp. 322, 340 (Ga, Code Ann. Sec. 92A-301 et seq.), and trans ferred to the Department in Section 1604 of this Plan are assigned to the Division of Investigation.

Section 1612.2 Functions Assigned to Division.
The functions of the Said Crime Laboratory, referred in Ga. Laws 1953, p. 602, as amended (Ga. Code Ann. Sec. 21-203, et al.), and transferred to this Department in Section 1604 of this Plan are assigned to the Division of Investigation.

Deleted Pursuant to Objection of Comptroller General.

Deleted Pursuant to Veto by House.

Section 1613. Functions transferred to Board.
The policy-making functions of the Department of Public Safety, contained in Ga. Laws 1937, p. 322, as amended (Ga. Code Ann. 92A101 et seq.), are transferred to the Board of Public Safety created in this Chapter. Unless inconsistent with this Plan, any reference in Georgia Laws to> the Department of Public Safety relating to its policymaking functions means the Board of Public Safety created in this Chapter.

Section 1614. Commission Abolished.
The Georgia Study Commission on Law Enforcement Officer Standards and Education, created in Ga. Laws 1968, p. 1968, p. 829, is abolished.

Section 1615. Committee Abolished.
The Governor's Traffic Safety Study Committee, created in Ga. Laws 1968, p. 1384, is abolished.

Deleted Pursuant to Veto by House.

CHAPTER 18. DEPARTMENT OF REVENUE. Section 1801. Department of Revenue--Continued; Head. The Department of Revenue, created in Ga. Laws 1937-38, Extra

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Session, p. 77 (Ga. Code Ann. Sec. 92-8402), and its functions, except the motor fuel testing and pump calibration functions, the State Oil Chemist and his functions, both of which are transferred in Sections 505 and 506 respectively of this Plan to the Department of Agriculture and the motor vehicle tag inspection functions are motor carrier permit inspection functions, both of which are transferred to the Department of Transportation, in Section 2107 of this Plan, are continued as present ly provided by law. The office of State Revenue Commissioner, created by Ga. Laws 1937-38, Extra Session, p. 77 (Ga. Code Ann. Sec. 92-8402), and other statutorily created offices of the Department, are continued. The State Revenue Commissioner shall be the Department head and shall continue to exercise his functions as provided by law.

Section 1802. Board of Settlements and Compromises--Continued; Assigned.
The Board of Settlements and Compromises, provided for in Ga. Laws 1953, p. 185 (Ga. Code Ann. Sec. 92-8411.1), and its functions are continued. The Board is assigned to the Department for administra tive purposes only as prescribed in Section 105 of this Plan.

Section 1803. Council to Investigate the Suspension of the State Revenue Commissioner--Abolished.
The Council to Investigate the Suspension of the State- Revenue Commissioner, provided for in Ga. Laws 1937-38 Extra Sess., p. 77, 80 (Ga. Code Ann. Sec. 92-8403), and its functions are abolished.

CHAPTER 19. SECRETARY OF STATE.
Section 1901. Secretary of State--Continued.
The Secretary of State, provided for in Article V, Section II, Paragraph I of the Constitution, and his functions are continued except those functions enumerated in Sections 1902 through 1904.
Section 1902. Functions Transferred.
The functions of the Georgia Building and Loan Commissioner are transferred to the Department of Financial Regulation in Section 1104 of this Plan.
Deleted Pursuant to Objection of Secretary of State.
Section 1904. Functions Transferred.
Certain functions relating to Real Property Inventory are trans ferred to the Department of Administrative Services in Section 412 of this Plan. The Secretary of State shall retain the function of filing and retaining conveyances and plats.

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655

Section 1905. Georgia State Board of Pharmacy -- Continued; Assigned.

The Georgia State Board of Pharmacy, created in Ga. Laws 1967, p. 296, 302 (Ga, Code Ann. Sec. 79A-201), and its functions, except those functions transferred in Chapter 16 of this Plan, are continued. The Board is assigned to the Joint Secretary, State Examining Boards, for administrative purposes as prescribed in Section 105 of this Plan.

Section 1906. Georgia Commission for the National Bicentennial Celebration--Continued; Assigned.

The Georgia Commission for the National Bicentennial Celebration, created in Ga. Laws 1969, p. 1074, is continued and is assigned to the Secretary of State for administrative purposes only as prescribed in Section 105 of this Plan.

Section 1907. Claims Advisory Board--Continued; Assigned.
The Claims Advisory Board, created in Ga. Laws 1963, p. 624 (Ga. Code Ann. Sec. 47-504), and its functions are continued. The Claims Advisory Board is assigned to the Secretary of State for administrative purposes only as prescribed in Section 105 of this Plan.

CHAPTER 20. STATE SCHOLARSHIP COMMISSION.
Section 2001. State Scholarship Commission--Continued.
The State Scholarship Commission, provided for in Article VII, Section I, Paragraph II of the Constitution, and its functions are continued.
Section 2002. Georgia Higher Education Assistance Corporation-- Continued; Assigned.
The Georgia Higher Education Assistance Corporation, provided for in Article VII, Section I, Paragraph II of the Constitution, and its functions are continued. The Corporation is assigned to the State Scholarship Commission for administrative purposes only as prescribed in Section 105 of this Plan.
Section 2003. Georgia Higher Education Assistance Authority-- Continued; Assigned.
The Georgia Higher Education Assistance Authority, created by Ga. Laws 1969, p. 683 (Ga. Code Ann. Ch. 32-37), and its functions are continued. The Authority is assigned to the State Scholarship Commission for administrative purposes only as prescribed in Section 105 of this Plan.

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Section 2004. Georgia Higher Education, Assistance Committee-- Abolished.

The Georgia Higher Education Assistance Committee, created in Ga. Laws 1968, p. 1082 (Ga. Code Ann. Sec. 32-3401), is abolished.

CHAPTER 21. DEPARTMENT OF TRANSPORTATION.
Section 2101. Department of Transportation -- Created; Head; Chief Executive Officer.
There is created a Department of Transportation. The department head shall be the State Highway Board. The chief executive officer of the Department is the Director.
Section 2102. State Highway Board--Continued; Functions.
The State Highway Board, provided for in Article V, Section XI, Paragraph I of the Constitution, and its functions are continued. The State Highway Board shall establish the general policies to be followed by the Department of Transportation.
Section 2103. Director of State Highway Department--Continued; Renamed Director of Department of Transportation.
The position of Director of the State Highway Department of Georgia, created by Ga. Laws 1963, p. 3, as amended (Ga. Code Ann. Sec. 95-1602), and its functions are continued, and the position shall be renamed Director of the Department of Transportation. Unlessi in consistent with this Plan, any reference in Georgia Laws to the Director of the State Highway Department of Georgia means the Director of the Department of Transportation created in this Plan.
Section 2104. State Highway Department of Georgia--Functions Transferred.
All of the functions of the State Highway Department of Georgia, created by Ga. Laws 1919, p. 244, as amended (Ga. Code Ann. Ch. 95-15), except the self-insurance workmen's compensation functions transferred to the Department of Administrative Services in Section 407 of this Plan, are transferred to the Department of Transportation created in this Plan. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Highway Department of Georgia means the Depart ment of Transportation created in this Plan.
Section 2105. Additional Functions Transferred.
The functions of the Department of Industry and Trade and the Board of Commissioners of the Department of Industry and Trade relating to airports, aviation, landing fields, other aviation facilities, air routes and air markers, provided for in Ga. Laws 1949, p. 249, as amended (Ga. Code Ann. Sec. 40-2107) and Ga. Laws 1965, p. 105 (Ga.

MONDAY, JANUARY 24, 1972

657

Code Ann. Sec. 11-304, 305), are transferred to the Department. Unless inconsistent with this Plan, any reference in, Georgia Laws to the Department of Industry and Trade or the Board of Commissioners of the Department of Industry and Trade relating- to the functions transferred to the Department in this Section means the Department of Transporta tion created in this Plan.

Section 2106. Additional Functions Transferred.
The functions and funding programs of the Department of Industry and Trade and the Board of Commissioners of the Department of Industry and Trade relating to the Metropolitan Atlanta Rapid Transit Authority, created by Ga. Laws 1965, p. 2243, as amended, are trans ferred to the Department. Unless inconsistent with this Plan, any reference in Georgia Laws to the Department of Industry and Trade or the Board of Commissioners of the Department of Industry and Trade relating to the functions and programs transferred to the Department in this Section means the Department of Transportation created in this Plan.
Section 2107. Additional Functions Transferred.
The functions, except personnel, budget, and unexpended balances of appropriations, of the Department of Revenue relating to' the inspec tion of motor carrier permits and motor vehicle tags are transferred to the Department of Transportation.

CHAPTER 22. TREASURER AND TREASURY DEPARTMENT.
Section 2201. Treasurer and Treasury Department--Continued.
The State Treasurer, provided for in Article V., Section II, Para graph I of the Constitution, and the Treasury Department, provided for in Ga. Laws 1828, Cobb, p. 1027, as amended (Ga. Code Ann. Ch. 40-9), and their functions are continued except those functions enumerated in Sections 2202 through 2205.
Deleted Pursuant to Veto by House.
Section 2203. Functions Transferred.
The functions relating to the payment of salaries and expenses to Judges and District Attorneys are transferred to the Department of Administrative Services in Section 410 of this Plan.
Deleted Pursuant to Objection of State Treasurer.
Section 2205. Functions Transferred.
The functions relating to the distribution of State funds under the

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Minimum Foundation Program of Education Act are transferred to the Department of Education in Section 1004 of this Plan.

CHAPTER 23. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA.
Section 2301. Board of Regents of the University System of Geor gia--Continued.
The Board of Regents of the University System, of Georgia, pro vided for in Article VIII, Section IV, Paragraph I of the Constitution, and its functions are continued.
Section 2302. Regents of the University System of Georgia--Con tinued.
The Regents of the University System of Georgia, created by Ga. Laws 1931, p. 7 (Ga. Code Ann. Sec. 32-101), and its functions are continued.
Section 2303. Ocean Science Center of the Atlantic Commission-- Functions Transferred.
The functions of the Ocean Science Center of the Atlantic Com mission, provided for in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. Sec. 43-1301), to establish and cause to be operated one or more marine resources extension center and the Oceanographic Research Center are transferred to the Board of Regents of the University System of Georgia. Unless inconsistent with this Plan, any reference in Georgia Laws to the Ocean Science Center of the Atlantic Commission relating to the functions transferred to the Board of Regents of the University System in this Section means the Board of Regents of the University System of Georgia.
Section 2304. Functions Transferred.
All of the functions of the Georgia Agrirama and the Georgia Agrirama Board of Governors, created by Ga. Laws 1970, p. 568 (Ga. Code Ann. Sec. 32-301a-304a), are transferred to the Board of Regents.
Section 2305. State Medical Education Board -- Continued; As signed.
The State Medical Education Board, created in Article VII, Section I, Paragraph II of the Constitution, and its functions are continued. The Board is assigned to the Board of Regents of the University System of Georgia for administrative purposes only as prescribed in Section 105 of this Plan.

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659

Section 2306. Board of Regents of the University System of Geor gia Scholarships--Continued; Assigned.

The Board of Regents of the University System of Georgia Scholar ships, provided for in Article VII, Section I, Paragraph II of the Constitution, are continued and shall continue to be administered by the Board of Regents of the University System of Georgia.

CHAPTER 24. STATE DEPARTMENT OP VETERANS SERVICE.
Section 2401. State Department of Veterans Service and Veterans Service Board--Continued.
The State Department of Veterans Service and the Veterans Service Board, created by Article V, Section VI, Paragraph I of the Constitution and their functions are continued. The Veterans Service Board shall have such control, duties, powers, and jurisdiction of the State Depart ment of Veterans Service as shall be provided by law. The Board shall appoint a Director who shall be the executive officer of the Department. Members shall continue to serve as presently appointed and all future appointments shall be made as provided by the Constitution.
Section 2402. Functions Transferred.
The functions of the State Department of Family and Childrens Services pertaining to the care of widows of Confederate veterans, as prescribed in Georgia Laws 1946, p. 84 (Ga. Code Ann. Sec. 35-906), are transferred to the State Department of Veterans Service. Unless inconsistent with this Plan, any reference in Georgia Laws to the State Department of Family and Childrens Services with respect to the functions transferred in this Section means the State Department of Veterans Service.

CHAPTER 25. ADDITIONAL AGENCIES ABOLISHED.
Section 2501. Commission of Constitutional Government--Abol ished.
The Commission of Constitutional Government, created in Ga. Laws 1959, p. 5, 23, is abolished.
Section 2502. Governor's Award for Heroism Committee--Abol ished.
The Governor's Award for Heroism Committee, created in Ga. Laws 1970, p. 743, is abolished.

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Section 2503. Georgia Interdepartmental Council for the Handi capped--Abolished.

The Georgia Interdepartmental Council for the Handicapped, created in Ga. Laws 1968, p. 1079, is abolished.

Section 2504. Forward Georgia Commission--Abolished.

The Forward Georgia Commission, created in Ga. Laws 1968, p. 980, is abolished.

CHAPTER 26. ADDITIONAL PROVISIONS.
Section 2601. Classification of Positions.
The position of, or person occupying the position of, head of department or division director of any agency created by the transfer of functions shall be in the unclassified service as defined in the Acts governing the State Merit System, except for the Director of the Personnel Division of the Department of Administrative Services, the official of the Department of Human Resources in charge of Vocational Rehabilitation, and the Director of the Environmental Protection Divi sion of the Department of Natural Resources who shall be in the classi fied service. The position of head of department or division director of any agency created by the transfer of functions shall be new positions. The State Personnel Board shall adopt rules and regulations not in consistent with this Plan to effectuate the transfer of positions and personnel and the classification of such positions.
Section 2602. Severability.
In the event any section, subsection, sentence, clause or phrase of this Plan 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 Plan, which shall remain of full force and effect, as i fthe sections, subsections, sentences, clauses or phrases so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have ratified and approved the remaining parts of this Plan even if it had known that part or parts hereof would be declared or adjudged invalid or unconstitutional.
Section 2603. Effective Date.
The Governor is authorized, pursuant to Ga. Laws 1971, p. 4, to effectuate and implement any chapter, section or subsection of this Plan by Executive Order immediately after the ratification of the Plan by the Georgia General Assembly. Any chapter, section or subsection of this Plan which has not been effectuated by July 1, 1972, shall be come effective on that date unless otherwise provided by law.

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661

Section 2604. Publication in Georgia Laws,

The Secretary of State is authorized to publish the approved Plan in the Georgia Laws of 1972, and, notwithstanding any deletion of any chapter, section, or subsection of this Plan as authorized by Ga. Laws 1971, p. 4, each chapter, section, or subsection shall in its final form appear in consecutive order, whether numerically or alphabetically. References to chapters, sections, and subsections which have been re numbered shall be deemed to refer to such renumbered chapters, sections, and subsections and shall be renumbered accordingly.

The following communication was received from the office of the Honorable Ben W. Fortson, Jr., Secretary of State:
SECRETARY OF STATE State1 Capitol Atlanta 30334
January 24, 1972
Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Jack:
I am transmitting to you herewith a certified list of all those persons who have registered in the Docket of Legislative Appearances as of 4:30 P.M. Friday, January 21, 1972, in accordance with Act No. 1294, Georgia Laws 1970.
With best wishes, I am
Sincerely your friend, /s/ Ben W. Fortson, Jr.
Secretary of State
Enclosures Received: Glenn 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 thirty-nine pages of photographed matter hereto attached contain the names and addresses of all those persons (numbered 61 through 214), along with the names of the respective persons, firms, corporations or associations they represent, who regis tered in the Docket of Legislative Appearances, pursuant to Act No. 1294, Georgia Laws, 1970, as of 4:30 P.M. Friday, January 21,1972.

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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 24th day of January, in the year of our Lord One Thousand Nine Hundred and Seventy-Two and of the Independence of the United States of America the One Hundred and Ninety-sixth.

I si Ben W. Fortson, Jr. Secretary of State

Seal.

61. David C. Peterson School Lunch Program 936 Henry Grady Hotel Atlanta, Georgia 30303
62. Preston M. Collins Southern Bell Telephone and Telegraph Company 805 Peachtree Street, N. E. Atlanta, Georgia 30308
63. S. G. Davenport United Transportation Union Route 4, Box 179 Americus, Georgia 31709
64. Harold Joiner Georgia Forestry Association 1204 Carnegie Bldg. Atlanta, Georgia 30303
65. T. Z. Chastain Consulting Eng. Council of Ga. 165 Alexander Street, N. W. Atlanta, Georgia 30313
66. George B. Hightower Ga. Soc, of Professional Eng. 545 Piedmont Ave., N. E. Atlanta, Georgia 30308
67. John N. Booth Southern Bell Telephone and Telegraph Co. 800 Peachtree Street, N. E. Atlanta, Georgia 30308
68. Joe W. Andrews, Jr. Registered Agent Home Builders Assn. of Georgia Georgia Retail Jewelers Assn. Menswear Retailers of Georgia Georgia Independent Meat Packers Assn. Georgia Land Development Assn. P. 0. Box 801 Macon, Georgia 31202

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663

69. Jack Acree Georgia School Boards Assn. Sheraton Biltmore Hotel Atlanta, Georgia 30383

70. Dr. Paul West Georgia School Boards Assn. Sheraton Biltmore Hotel Atlanta, Georgia 30383

71. Clint G. Sweazea Air Transport Association Delta Air Lines Atlanta Airport Atlanta, Georgia 30320

72. Herbert C. Green United Auto Workers 1776 Peachtree Street, N. E. Suite 328 Atlanta, Georgia 30309

73. James C. Thompson United Auto Workers 1776 Peachtree Street, N. E. Suite 328 Atlanta, Georgia 30309

74. P'aul L. Hanes, Georgia Beer Wholesalers Association 1734 Equitable Building Atlanta, Georgia 30303

75. Rev. Fred C. Bennette Registered Agent Southern Christian Leadership Conference All Citizens Registration Committee Georgia Voters League 334 Auburn Avenue, N.E. Atlanta, Ga. 30303

76. James A. May Georgia Kraft Co. Mead Road Macon, Georgia 31204

77. H. E. Reagan Registered Agent Atlanta Retail Merchants Association Atlanta Automobile Association 14-A10 Atlanta Merchandise Mart Atlanta, Georgia 30303

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78. Bill T. Hardman Hardman & Stuckey Travel Investments 100 Peachtree Street, N. E. Atlanta, Georgia 30303

79. J. W. Bowman, Jr. Georgia Right To Life Committee, Inc. P. O. Box 49211 Atlanta, Georgia 30329

80. William E. Renouf Transamerica Financial Corp. 7220 Twin Branch Road, N. E. Atlanta, Georgia 30328

81. Jo Jones Sierra Club 4500 Wieuca Road, N. E. Atlanta, Georgia 30342

82. Rosemary Griffith SAVE 600 Dalrymple Road, N. W. Apt. 17E Atlanta, Georgia 30328

83. Fred C. Long Georgia Nursing Home Assn. 1081 Allgood Road Stone Mountain, Georgia 30083

84. William Probst Georgia Land Developers Association 1723 Chartwell Trace Stone Mountain, Georgia 30083

85. Raymond L, Webb Georgia Land Development Association 3151 Maple Drive, N. E. Suite 200 Atlanta, Georgia 30305

86. George R. Rice, Jr. Georgia Land Development Association 4660 Club Circle, N. E. Atlanta, Georgia 30319

87. Richard J. Burrell Household Finance Corp. 1977 Farris Drive Decatur, Georgia 30032

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665

88. Roger T. Lane Georgia Pharmaceutical Association 1655 Peachtree Street, N. E. Atlanta, Georgia 30309

89. Ski Bashinski Registered Agent Ga. Independent Auto Dealers Association Ga. Funeral Directors Assoc. 296 14th Street, N.W. Atlanta, Georgia 30318

90. Eddie J. White Clayton County Education Association 3911 South Expressway Hapeville, Georgia 30354

91. Eric Holmes, Jr. Petroleum Council of Georgia 161 Peachtree Street, N. E. Atlanta, Georgia 30303

92. Frank H. Welton Georgia Agribusiness Council, Inc. 19 Hunter Street, S. W. Atlanta, Georgia 30334

93. Charles L. Skinner Georgia Motor Trucking Association 500 Piedmont Avenue, N. E. Atlanta, Georgia 30308

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

95. Clyde W. Henley Fraternal Order of Police 103 Sycamore Street Decatur, Georgia

96. James E. Dyer Fraternal Order of Police 3028 Empire Boulevard, S. W. Atlanta, Georgia 30354

97. R. D. Marshall Fraternal Order of Police Route 5, Box 95 Alpharetta, Georgia 30201

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98. Barbara Muntean Clayton County Education Association 6165 Graceland Circle Morrow, Georgia 30260

99. W. T. McDaniel ITT Rayonier, Inc. P. 0. Box 528 Jesup, Georgia

100. W. A. Binns Union Camp Corporation P. O. Box 570 Savannah, Georgia 31402

101. Peter Wallace Georgia Safety Council 508 Hartford Building Atlanta, Georgia 30303

102. R. L. Humphries SAVE Save America's Vital Environment 1611 Milford Church Road Marietta, Georgia 30060

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

104. Mike Carter Life Insurance Co. of Ga. 600 West Peachtree St., N. W. Atlanta, Georgia 30308

105. W. E. George Georgia Municipal Association 501 Fulton Federal Bldg. Atlanta, Georgia 30303

106. Sam Massell Citizens of Atlanta Mayor of Atlanta City of Atlanta City Hall
Atlanta, Georgia 30303

107. Dexter Gatehouse Georgia Retail Food Dealers Association, Inc. P. O. Box 10551 Atlanta, Georgia 30310

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667

108. L. W. Wilson United Transportation Union 2085 Heckle Street Augusta, Georgia 30904

109. Carlton Marlow Registered Agent Mark Inns 4678 Fowler Circle Acworth, Georgia 30101
110. Joe Sloan General Motors Corporation 417 Equitable Building Atlanta, Georgia 30303
111. Sims Garrett Georgia Motor Trucking Assn. 500 Piedmont Avenue, N. E. Atlanta, Georgia 30308
112, Dr. D. D. Humber Georgia Chiropractor Assn. 755 Simpson, Street, N. W. Atlanta, Georgia 30314
113. DuPree Jordan Association of Private Colleges and Universities in Georgia Suite 557 3330 Peachtree Road, N. E. Atlanta, Georgia 30326

114. Jane Yarn SAVE 881 Conway Road, N. W. Atlanta, Georgia 30327
115. Kay McKenzie SAVE 2930 Habersham Road, N. W. Atlanta, Georgia 30305
116. Steve Nimmer Registered Agent Three M Georgia Farm Equipment Assn. P. 0. Box 269 Blackshear, Georgia 31516

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117. Lynda S, Riley DeKalb Association of Educators 2182 Allaire Lane, N. E. Atlanta, Georgia 30345

118. David Christopher DeKalb Association of Educators 3150 Candace Drive, S. E. Atlanta, Georgia 30316

119. Marvin L. Fralish DeKalb Association of Educators 4348 Tucker North Court Tucker, Georgia 30084

120. William B. Putnam DeKalb ^Association of Educators 4828 Oakside Drive Stone Mountain, Ga. 30083

121. Kathleen M. Mull Georgia Association of Licensed Practical Nurses Route Two Box 1086 Hampton, Georgia 30228

122. Charles H. Lindsey Georgia Launderers and Cleaners Association, Inc. 1145 Peachtree Street, N. E. Suite 438 Atlanta, Georgia 30309

123. Peter L. Banks Atlanta Gas Light Company 235 Peachtree Street, N. E. Atlanta, Georgia 30303

124. Charles A. Rawson Georgia Beer Wholesalers 133 Carnegie Way, N. W. Atlanta, Georgia 30303

125. Hugh A. Inglis Agricultural Alumni Assn. University of Georgia Inc. 319 Hoke Smith Annex Athens, Georgia 30601

126. John L. Erickson Ford Motor Co. Suite 2002 225 Peachtree Street, N. E. Atlanta, Georgia 30303

MONDAY, JANUARY 24, 1972

669

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

128. James P. Martin Georgia Society of CPA's 1504 William-Oliver Building Atlanta, Georgia 30303

129. Percy L. Harden Atlanta, City of Mayor's Office City Hall Atlanta, Georgia 30303

130. Claude R, Glaze Brotherhood of Railway, Airline and Steamship Clerks 525 North Hairston Road Stone Mountain, Georgia 30083

131. W. E. Cobble Georgia State Legislative Board, Brotherhood of Locomotive Engineers 2427 Shenandoah Avenue, N. E. Atlanta, Georgia

132. G. H. Richardson Georgia Motor Trucking Assn. 500 Piedmont Avenue, N. E. Atlanta, Georgia 30308

133. William E. Bailey Georgia Association of Educators 3646 Radcliffe Boulevard Decatur, Georgia 30034

134. Earl T. Leonard, Jr. The Coca-Cola Company P. O. Drawer 1734 Atlanta, Georgia 30301

135. John P. Stevens First National Bank Box 4148 Atlanta, Georgia 30302

136. W. Sam Phillips Georgia Mobile Home Association Suite A2 348 East Paces Ferry Road, N. E. Atlanta, Georgia 30305

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137. W. E. Rayburn Glynn Education Association 396 Lake Circle Drive Brunswick, Georgia 31520

138. Daniel D. "Scrappy" Jackson Georgia State Fire Fighters Association 29 Skyline Drive Savannah, Georgia 31406

139. John Wilson
Georgia State Fire Fighters Association, Local 574 429 Russell Avenue Savannah, Georgia 31508

140. Glenn Rivers Georgia State Fire Fighters Association, Local 1985 1609 Buford Place Valdosta, Georgia 31601

141. Julian Lehman, Jr. Georgia State Fire Fighters Association, Local 1985 1013 Shepard Street Valdosta, Georgia 31601

142. Herb Blackwell Georgia State Fire Fighters Association, Local 2017 2014 Jones Avenue Albany, Georgia 31705

143. William Hasty Georgia State Fire Fighters Association, Local 2017 1916 West Broad Street Albany, Georgia 31705

144. Richard Williams Georgia State Fire Fighters Association, Local 1985 206 North Stanley Street Valdosta, Georgia 31601
145. Thomas J. Myers Georgia State Fire Fighters Association, Local 574 3215 Center Street Thunderbolt, Georgia 31404
146. Edward Bayley Georgia State Fire Fighters Association, Local 1460 161 East LaRose Circle Marietta, Georgia 30060
147. Anthony B. Caldwell Georgia State Fire Fighters Association, Local 634 3060 O'Hare Drive, South Macon, Georgia 31206

MONDAY, JANUARY 24, 1972

671

148. Phil Harrison Registered Agent The Georgia Dental Association The Georgia Association of Independent Insurance Associations
1776 Peachtree Street, N. W. Atlanta, Georgia 30309

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

150. Mrs. Meriyn E. Richardson. Georgians for Quality Public Education 755 Park Lane Decatur, Georgia 30033

151. Margaret L. Whittemore Georgia Association A.I.A. 1416 Peachtree Center Tower Atlanta, Georgia 30303

152. Baxter L. Whitaker General Telephone Company of the Southeast 701 Bank of Georgia Building 34 Peachtree St., N. W. Atlanta, Georgia 30303

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

154. William L. Martin American Insurance Association 3445 Peachtree Road, N. E. Atlanta, Georgia 30326

155. James Howard AFS-CME, AFL-CIO 151 Ellis Street, N. E. Suite 514 Atlanta, Georgia 30303

156. Joe M. Harris Georgia Municipal Association 2506 Blackmon Drive Decatur, Georgia 30033

157. James M. Andrew Georgia Electric Membership Corporation 130 Gray Street Millen, Georgia 30442

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158. James C. Brim, Jr. Registered Agent Georgia E.M.C. Mitchell County E.M.C. P. 0. Box 304 Camilla, Georgia 31730

159. M. C. Petersen Gilman Paper Company Box 948 St. Marys, Georgia 31558

160. G. I. Winn
United Transportation Union 600 W. Main St. Manchester, Georgia 31816

161. George E. Swanson, Jr. Georgia Bankers Association Trust Division P. 0. Box 4148 Atlanta, Georgia 30302

162. George L. Harris, Jr. Georgia Bankers Association Trust Division P. 0. Box 4899 Atlanta, Georgia 30302

163. Murphy M. Holloway, Jr. Georgia Bankers Association, Trust Division P. 0. Drawer 4418 Atlanta, Georgia 30302

164. Alien Willis Communications Workers of America 40 Pryor Street, S.W. Atlanta, Georgia 30403

165. Leah Janus League of Women Voters of Ga. 3166 Maple Drive, N. E. Atlanta, Georgia 30305

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

167. Hugh Lawson Middle Georgia EMC 328 Commerce Street Hawkinsville, Georgia 31036

MONDAY, JANUARY 24, 1972

673

168. R. D. Sims Fraternal Order of Police 6 Oak Street Hampton, Georgia 30228

169. George D. Adams Fraternal Order of Police 811 Midway Street, S. E. Atlanta, Georgia 30315

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

171. Harrison Bray Georgia Oilmen's Association 148 Cain Street, N. E. Atlanta, Georgia 30303

172. James D. King, Jr. Atlanta Chamber of Commerce 1300 Commerce Building Atlanta, Georgia 30303

173. Marguerite Ewing Schott Ryder Systems, Inc. School Divison 215 Piedmont Avenue, N. E. Atlanta, Georgia 30312

174. W. H. Alien Georgia Association of Police Chiefs 785 Forest Park Way Forest Park, Georgia 30050

175. A. B. Reddick Allstate Insurance Safety Crusade 3585 Northside Parkway, N. W. Atlanta, Georgia 30327
176. G. W. Tibbetts Georgia Association of Educators Route 6 Tifton, Georgia 31794
177. Kyle D. Smith Georgia Association of Educators 201 Ashby Street, N. W. Atlanta, Georgia 30314
178. Glenn Newsome Georgia Association of Educators P. O. Box 342 Calhoun, Georgia 30701

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179. Ken Krautter American Taxpayers Assn. 1649 Tully Circle, N. E. Suite 105 Atlanta, Georgia 30329

180. Adron Harden Georgia Farm Bureau Federation 7068 Riverside Drive Macon, Georgia 30295

181. Valeta Mills
Clayton County Education Assn. 6796 Darrell Court Morrow, Georgia 30260

182. Conrad J. Sechler, Sr. Registered Agent Georgia Consumer Finance Association Central Underwriters Empire Mortgage and Investment Company P.O. Box 87 Tucker, Georgia 30084

183. C. B. Daniel, Jr. Georgia Kraft Company 338 Mt. Alto Road Rome, Georgia

184. Mrs. Neil Moran DeKalb County League of Women Voters 1802 East Clifton Road Atlanta, Georgia 30307

185. Robert C. Bock Georgia Association of Independent Insurance Agents 1252 West Peachtree Street Atlanta, Georgia 30309

186. Furman Smith SAVE, Inc. 1105 William Oliver Building Atlanta, Georgia 30303

187. Carolyn S. Carter (Mrs. James H.) American Association of University Women, Ga. Division 981 Eulalia Road, N. E. Atlanta, Georgia 30319

188. Josephine P. Raffety American Association of University Women, Atlanta Branch 2601 Forrest Way, N. E. Atlanta, Georgia 30305

MONDAY, JANUARY 24, 1972

675

189. Abit Massey Georgia Poultry Federation P. 0. Box 763 Gainesville, Georgia 30501

190. Donald C. Grefe Air Transport Association Suite 1240 Life of Georgia Tower Atlanta, Georgia 30308

191. Morton Shapiro Georgia Association of Educators > 197 Central Avenue, S. W. Atlanta, Georgia 30303

192. Reece Noble, Jr. Houston Association of Educators P. O. Box 1421 Warner Robins, Georgia 31093

193. T. R. Wilkerson, Jr. Houston Association of Educators 209 Brookwood Drive Warner Robins, Georgia 31093

194. G. Norton Goodridge DeKalb County Fire Department 722 Coll Hollow Drive Decatur, Georgia 30033

195. Linda F. Barnes Fulton County Association of Educators 6640 Akres Mill Road, N. W. Apartment 49T2 Atlanta, Georgia 30339

. . ..

196. Walter Myers Forest Farmers Association 4 Executive Park, East, N. E. Atlanta, Georgia 30329

197. S. Warren Jackson Wright, Jackson, Brown, Williams & Stephens Inc. 100 Peachtree Atlanta, Georgia 30303

198. Robert L, Pitts Wright, Jackson, Brown, Williams & Stephens Inc. 100 Peachtree Atlanta, Georgia 30303

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199. Thomas Rocky Wade Mercer Student Government Assn. Box 1283 Mercer University Macon, Georgia 31207

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

201. Charles L. Carnes Pulton County Government 1313 First National Bank Tower Atlanta, Georgia 30303

202. J. R. MeWaters Associated Builders and Contractors of Georgia, Inc. 165 Sixth Street, N. E. Atlanta, Georgia 30308

203. Robert R. Richardson United States Brewers Assn. 614 William-Oliver Building Atlanta, Georgia 30303

204. Carey P. DeDeyn American Insurance Association 3100 First National Bank Tower Atlanta, Georgia 30303

205. J. Ben Shapiro, Jr. Registered Agents Atlanta Chapter, National Electrical Contractors Association, Inc. Piping Promotion Trust Association of Mechanical Contractors of Georgia, Inc. 3015 First National Bank Tower Atlanta, Georgia 30303

206. John D. Prien, Jr. Georgia Society of Professional Engineers 1375 Peachtree St., N. E. Atlanta, Georgia 30309

207. William F. Morie Georgia Automobile Dealers Assn.
808 Hartford Building Atlanta, Georgia 30303

MONDAY, JANUARY 24, 1972

677

208. John Davis Mobile Home Industry Eoute 4 Vienna Road Americus, Georgia 31709

209. Carlus Gay, Jr. Mobile Home Industry Lee St. Road Americus, Georgia 31709

210. Richard Hoodman Parks, Jr. Electric Membership Corporations throughout State P. 0. Box 398 Reynolds, Georgia 31076

211. Tom Watson Brown Registered Agents MARTA Georgia Association of Broadcasters Lake Lanier 822 Fulton Federal Building Atlanta, Georgia 30303

212. Richard W. Powers Atlanta Welfare Rights Organization 1017 Capitol Avenue, S. W. Atlanta, Georgia 30315

213. William P. Trotter Association County Commissioners of Georgia 323 Lane Circle LaGrange, Georgia 30240

214. Mrs. J. M. Stewart Georgia Association, Licensed Practical Nurses 2185 Fairburn Road, S. W. Atlanta, Georgia 30331

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

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

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Representative Hall, Atlanta, Georgia Tuesday, January 25, 1972

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. Kenneth Youmans, Pastor, Bellevue Baptist Church, Macon, Georgia:
Our Father, we are grateful for the blessed privilege of being citizens of this country, and servants of Thine, in both the political and spiritual fields. Give us, we pray wisdom and grace to make decisions, which will be for Thy glory and the good of our fellowmen.
Amid the fears and frustrations that haunt us in our labor, let us hear Thy counsel and let us feel Thy comforting presence. May there be inroads of Thy strength in our lives to make us conquerors in these times of crisis. May there be wells of spiritual reserve in our souls for the valleys through which we will surely walk. And, may there be deposits of Divine guidance firmly planted in our minds for times of decisions that will be ours.
Help each of us, our Father, to face the future with definite courage and deep commitment. Grant unto us a sensitive heart, a heart of true concern, a heart that will respond to the hurts and ills of our fellowmen.
We pray for Divine strength in the hours of opportunities and for experiences that will give unto us patience in moments of failure. Help us to remember that Thou are the Craftsman of life and that we are Your tools.
Give us grace to do justly, to love mercy and to walk humbly with God. May Thy Spirit guide and bless these servants of government, during this session. In Jesus' name. AMEN.

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

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

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

The Journal was confirmed.

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679

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions.
3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees.
5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1418. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act creating a board of Com missioners of Tattnall County, so as to provide for the election of the chairman of the board of commissioners by the electors of Tattnall County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1419. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the sheriff of Tattnall County and providing in lieu thereof an annual salary, so as to change the provisions relative to the compensation of the sheriff's deputies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1420. By Messrs. Connell and Dent of the 79th, Miles of the 78th and Sherman of the 80th:
A Bill to be entitled an Act to authorize the establishment of a merit system in Richmond County for employees of Richmond County; to provide for the creation of a merit system council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HB 1421. By Messrs. Conger and Griffin of the 68th, Chandler of the 34th, Russell and Keyton of the 70th, Harrington of the 34th, Collins of the 62nd, Smith of the 3rd, Lane of the 101st and others:
A Bill to be entitled an Act to amend Code Title 88-1, relating to the De partment of Public Health, so as to give the Board of Health the power to appoint and remove personnel within the Department of Public Health; and for other purposes.
Referred to the Committee on Rules.

HR 606-1421. By Mr. Shanahan of the 8th:

j

A Resolution proposing an amendment to the Constitution so as to

create the Gordon County School System by merging the independent

school system of the City of Calhoun and the County of Gordon School

System into one school district; and for other purposes.

.Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 607-1421. By Mr. Stephens of the 103rd: .- A Resolution compensating Mr. Irwin Arnold; and for other purposes.
'," Referred to the Committee on Appropriations.

HB 1422. By Mrs. Merritt and Mr. Oxford of the 46th: A Bill to be entitled an Act to merge the Independent School System of the City of Amerieus and the Sumter County School System into on new School System; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1423. By Mr. Busbee of the 61st: A Bill to be entitled an Act to provide for the reorganization of State Government; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.
HB 1424. By Mr. Busbee of the 61st: A Bill to be entitled an Act to provide for the reorganization of State Government; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.

TUESDAY, JANUARY 25, 1972

681

HB 1425. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to provide for the! reorganization of State Government; to repeal conflicting laws; and for other purposes.
Referred to the Committee on Rules.

HR 608-1425. By Mr. Busbee of the 61st:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the consolidation and merger of coun ties and portions of counties by petition of the voters in the counties to be affected; and for other purposes.
Referred to the Committee on State of Republic.

HR 609-1425. By Mrs. Merritt and Mr. Oxford of the 46th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the merger of the Independent School System, of the City of Americus and the existing Sumter County School System into one system, coextensive with the limits of Sumter County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1426. By Messrs. Snow, Hays and Clements of the 1st:
A Bill to be entitled an Act to create the Kensington Water and Sewer Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1427. By Mr. Pickard of the 84th:
A Bill to be entitled an Act to provide that the Public Service Com mission shall have the power and authority to allocate gas or electricity which is supplied, sold or furnished in order to protect the public health, safety or welfare in the event that said Commission makes certain findings; and for other purposes.
Referred to the Committee on Industry.

HR 611-1427. By Messrs. Roach of the 10th and Snow of the 1st:
A Resolution proposing an amendment to the Constitution so as to provide that in civil cases the General Assembly may provide for a verdict by not less than three-fourths of the jury and may prescribe

682

JOURNAL OF THE HOUSE,

any number, not less than six, to constitute trial or traverse jury; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 612-1427. By Messrs. Roach of the 10th and Snow of the 1st:
A Resolution proposing an amendment to the Constitution so as to provide that in noncapital criminal cases the General Assembly may provide for a verdict by not less than threes-fourths of the jury and may prescribe any number, not less than six, to constitute a trial or traverse jury; and for other purposes.
Referred to the Committee on Special Judiciary.

HR 613-1427. By Mr. Roach of the 10th: A Resolution compensating Mrs, Eva S. Jones; and for other purposes.
Referred to the Committee on Appropriations.

HR 614-1427. By Mr. Roach of the 10th:
A Resolution compensating Mr. Thomas Joe Porter; and for other purposes.
Referred to the Committee on Appropriations.

HB 1428. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to abolish the present mode of compensating the tax commissioner of Burke 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 1429. By Messrs. Busbee of the 61st, Triplett of the 93rd, Cheeks and Miles of the 78th, Pinkston of the 81st and Pelton of the 95th:
A Bill to be entitled an Act to amend Code Chapter 13-2, relating to preliminary provisions relative to banks and banking, so as to define and redefine certain terms; and for other purposes.
Referred to the Committee on Banks and Banking.
HB 1430. By Mr. Dean of the 76th: A Bill to be entitled an Act to amend an Act establishing a division within the Department of Education to be known as the Division of Vocational Education Service, so as to provide that the Board for

TUESDAY, JANUARY 25, 1972

683

Vocational Education shall be authorized to contract with private schools for the vocational training and education of residents of Georgia; and for other purposes.
Referred to the Committee on Education.

HB 1431. By Mr. Thomason of the 77th:
A Bill to be entitled an Act to provide that in each county or municipality, every sheriff, deputy sheriff, policeman or other law enforcement officer shall be furnished with certain equipment by the governing authority of such county or municipality; and for other purposes. Referred to the Committee on State Planning & Community Affairs.
HR 615-1431. By Messrs. Jones of the 87th, Alien of the 92nd, Triplett of the 93rd, Hill of the 94th, Mulherin and Miles of the 78th, Smith of the 80th, Gignilliat of the 89th, Battle of the 90th and others: A Resolution proposing an amendment to the Constitution to authorize the General Assembly to provide by law for the recall of any elective public officer of this State and of any political subdivision of this State; and for other purposes.
Referred to the Committee on State of Republic.
HB 1432. By Messrs. Gunter of the 6th, Bennett of the 71st, Bennett of the 81st, Johnson of the 29th and Granade of the 75th: A Bill to be entitled an Act to amend Code Chapter 24-1, relating to general provisions affecting judicial officers, so as to provide for disqualification of judicial officers on grounds of personal bias or prejudice; and for other purposes.
Referred to the Committee on, Judiciary.
HB 1433. By Messrs. Gaynor of the 88th, McCracken of the 36th, Groover of the 27th, Snow of the 1st and Lambert of the 25th: A Bill to be entitled an Act to amend Code Chapter 26-17, relating to deceptive practices, so as to prohibit the publication of information relating to telephone numbers, credit numbers or other credit devices, which information is used for theft or fraudulent practices; and for other purposes.
Referred to the Committee on Industry.
HR 616-1433. By Messrs. Gunter and Moore of the 6th: A Resolution compensating North Georgia Wholesale Company; and for other purposes.
Referred to the Committee on Appropriations.

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HR 617-1433. By Messrs. Gunter and Moore of the 6th: A Resolution compensating Mr. Hoyt Purdy; and for other purposes.
Referred to the Committee on Appropriations.

HR 618-1433. By Mr. Gunter of the 6th:
A Resolution compensating Georgia Mountain Orchards, Inc.; and for other purposes.
Referred to the Committee on Appropriations.

HB 1434. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act providing how motor cycles shall be operated and providing that certain equipment and devices must be on certain motorcycles, so as to require persons operat ing or riding upon motorcycles to wear some type or footwear; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1435. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to require every motorcycle to be equipped with at least one brake for each wheel; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1436. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension, revocation, and cancellation of driver's licenses, so as to provide for a special class of license for the operation of motorcycles; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1437. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act placing certain of the county officers of McDuffie County upon an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, JANUARY 25, 1972

685

HB 1438. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of McDuffie County, so as to provide that all of the members of the board shall be elected countywide; and for other purposes.
Referred to the Committee on State Planning' & Community Affairs--Local Legislation.

HB 1439. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to provide for a seven member Board of Education of McDuffie County; to provide for education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1440. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of McDuffie County into the office of the tax com missioner of McDuffie County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1441. By Mr. Maxwell of the 17th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Madison County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1442. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the amount of deduction permitted to a dealer as compensation for collecting, accounting and remitting the tax imposed; 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 1405. By Messrs. Buck and Pearce of the 84th and Berry of the 85th: A Bill to be entitled an Act to amend Code Section 57-101.1 relating

JOURNAL OF THE HOUSE,
to the maximum rate of interest which may be charged on certain transactions involving real property, so as to clarify the interest rate permissible on model dwellings; and. for other purposes.
HB 1406. By Messrs. Salem of the 51st, Murphy of the 19th and Fraser of the 59th: A Bill to be entitled an Act to amend Code Chapter 27-19, relating to demand for trial and announcement of ready or not ready, so as to provide that misdemeanor cases in the superior courts and courts below said level may be decided without the need of the panel of jurors being summoned; and for other purposes.
HB 1407. By Messrs. Dorminy and Hudson of the 48th: A Bill to be entitled an Act to provide that the county School Super intendent of Wilcox County shall be appointed by the Board of Education of Wilcox County; and for other purposes.
HB 1408. By Mr. Grantham of the 55th: A Bill to be entitled an Act to amend an Act establishing the City Court of Douglas in and for the County of Coffee, changed to the "State Court of Coffee County", so as to change the compensation provisions relative to the judge and solicitor of said court; and for other purposes.
HB 1409. By Mr. Granthajni of the 55th: A Bill to be entitled an Act to amend an Act creating the Charter for the City of Douglas, so as to change the date for electing the board of commissioners of said city; and for other purposes.
HB 1410. By Mr. Grantham of the 55th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Coffee, so as to change the compensation of the clerk of the board of commissioners; and for other purposes.
HB 1411. By Mr. Grantham of the 55th: A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Coffee County, so as to change the compensation of the clerk, sheriff, ordinary and tax commissioner and their employees; and for other purposes.

TUESDAY, JANUARY 25, 1972

687

HE 602-1411. By Mr. Hudson of the 28th:
A Resolution compensating Mrs. Sara W. Meadows; and for other purposes.

HR 603-1411. By Mr. Triplett of the 93rd:
A Resolution compensating the Overnite Transportation Company; and for other purposes.

HB 1412. By Messrs. Levitas of the 77th, Roach of the 10th and Snow of the 1st:
A Bill to be entitled an Act to amend Section 24-4203 of Chapter 24-42 of Title 24 of the Code entitled "Reporter", relating to the duties of the Reporter of the Supreme Court and of the Court of Appeals; and for other purposes.

HB 1413. By Messrs. Levitas of the 77th, Snow of the 1st and Roach of the 10th:
A Bill to be entitled an Act to amend Title 90 of the Code, to strike in its entirety Chapter 90-2 entitled "Reports of the Supreme Court and Court of Appeals"; to substitute a new Chapter; to redefine certain words; to provide for the uniformity of the reports; and for other pur poses.

HB 1414. By Messrs. Kreeger, Howard, McDaniell, Housley, Atherton and Wilson of the 117th:
A Bill to be entitled an Act to amend Code Section 67-2004, relating to discharge of lien by filing bond, so as to change the bond provisions of said Section; and for other purposes.

HB 1415. By Messrs. Davis of the 75th, Bell of the 73rd, Granade of the 75th, Jordan of the 74th, Russell and Thomason of the 77th, Noble of the 73rd and others:
A Bill to be entitled an Act to amend an Act creating a County Com mission on Efficiency and Economy in Government, so as to change the date upon which such Commission shall be abolished; and for other purposes.

HB 1416. By Messrs. Davis, Granade, Wood and Floyd of the 75th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to require the State Board of Education to promulgate rules and regulations prohibiting the overloading of buses; and for other purposes.

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JOURNAL OF THE HOUSE,

HR 604-1416. By Mr. Maxwell of the 17th:
A Resolution compensating Mrs. Bobby D. Brown; and for other pur poses.

HR 605-1416. By Mr. Maxwell of the 17th:
A Resolution proposing an amendment to the Constitution so as to provide that any proceedings relative to the removal of the 20 mill limitation in Oglethorpe County taken under the provisions of Article VIII, Section XII, Paragraph II of the Constitution are hereby res cinded; and for other purposes.

HB 1417. By Messrs. Wheeler of the 18th, Lane of the 44th, Smith of the 39th, Moore of the 6th, Gunter of the 6th, Dailey of the 53rd, Chandler of the 34th and others:
A Bill to be entitled an Act to prohibit any State, body, agency, official, institution or other person or association from interfering with the freedom of individuals to choose an optometrist licensed under Code Chapter 84-11 for visual care services, when the visual care services are within the scope of practice of optometrists licensed under said Chapter; and for other purposes.

SB 168. By Senator Jackson of the 16th:
A Bill to be entitled an Act to amend Code Section 84-207, relating to the qualifications of applicants as certified public accountants, so as to authorize the substitution of experience as an internal revenue agent in lieu of experience in public accounting; and for other purposes.

SB 368. By Senators Tysinger of the 41st and Patton of the 40th: A Bill to be entitled an Act to amend Code Section 84-303, relating to the qualifications, age, citizenship and character of applicants for registration as architects, so as to. delete the requirement that an ap plicant for examination be a citizen of the United States; and for other purposes.
SB 369. By Senator Tysinger of the 41st: A Bill to be entitled an Act to amend Code Section 84-304, relating to the State Board for examination, qualification and registration of Architects, so as to change the membership of the Board; and for other purposes.

TUESDAY, JANUARY 25, 1972

689

Mr. Matthews of the 63rd District, Chairman of the Committee on Agricul ture, submitted the following report:

Mr. Speaker:

Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1278. Do Pass.

Respectfully submitted, Matthews of the 63rd, 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 Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1123. Do Pass, by Substitute. HR 530-1205. Do Pass.
Respectfully submitted, Farrar of the 77th, Chairman.

Mr. Smith of the 3rd District, Chairman of the Committee on Health and Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health and Ecology has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 594. Do Pass. HB 373. Do Pass. HB 548. Do Pass. HB 1044. Do Pass. HB 1059. Do Pass.

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HB 1120. Do Pass, as Amended. HB 1329. Do Pass. HB 1346. Do Pass.

Respectfully submitted, Smith of the 3rd, Chairman.

Mr. McCracken of the 36th District, Chairman of the Committee on Insur ance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1350. Do Pass, as Amended. HB 1255. Do Pass, as Amended. SB 125. Do Pass.
Respectfully submitted, McCracken of the 36th, Chairman.
Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1154. Do pass, as Amended. HB 1138. Do Pass.
Respectfully submitted, Snow of the 1st, Chairman.

TUESDAY, JANUARY 25, 1972

691

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

Mr. Speaker:

Your Committee on Natural Resources has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1323. Do Pass.

Respectfully submitted, Dorminy of the 48th, Chairman.

Mr. Chandler of the 34th District, Chairman of the Committee on State Institutions and Property, submitted the following report:
Mr. Speaker:
Your Committee on State Institutions and Property has had under considera tion the following Bills and Resolution of the House and has instructed me toreport the same back to the House with the following recommendations:
HB 1237. Do Pass. HB 1300. Do Pass. HB 1314. Do Pass. HR 541-1209. Do Pass.
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 following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1259. Do Pass.

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HB 1285. Do Pass. HB 1281. Do Not Pass.

Respectfully submitted, Howell of the 60th, Chairman.

Mr. Levitas of the 77th, Distict, 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 has instructed me to report same back to the House with the following recommendations:
HR 576-1373. Do Pass. HR 585-1387. Do Pass. HR 587-1387. Do Pass. HB 1371. Do Pass. HB 1390. Do Pass. HB 1206. Do Pass, by Substitute
Respectfully submitted, Levitas of the 77th, Chairman.
By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 1371. By Mr. Wheeler of the 18th: A Bill to be entitled an Act to amend an Act providing a Board of Commissioners for the County of Elbert, as amended, so as to authorize the Board to establish, operate and maintain a recreation program, recreation areas and recreation facilities for the citizens of Elbert County; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

TUESDAY, JANUARY 25, 1972

693

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

HB 1390. By Mr. Wamble of the 69th: A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties of this State, so as to change certain popula tion and United States Census figures and brackets; to change 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 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HR 576-1373. By Mr. Howell of the 60th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the City of Blakely to own and operate facilities from which alcoholic beverages may be sold at retail to the public; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASS-EMBLY OP GEOR GIA:
Section 1. Article VII, Section IV of the Constitution is hereby amended by adding at the end thereof the following:
"The City of Blakely shall have the power and authority to establish, operate and maintain facilities from which alcoholic beverages may be sold at retail to the public."
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 authorize the City of Blakely to establish, operate and main-
NO ( ) tain facilities from which alcoholic beverages may be sold at retail to the public?"

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

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

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. 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 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 Evans Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Ham Harrington Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Isenberg Jessup

Johnson 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 Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Miles Milford Miller 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

TUESDAY, JANUARY 25, 1972

695

Roach
Ross 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 Sweat Thomason
Toles Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Voting in the negative was Mr. J. T. Bennett.

Those not voting were Messrs.:

Alexander, W. M. Alien Barfield Blackshear Bostick Bowen Carr Carter Collier Dailey Dean, J. E. Edwards Egan Ezzard

Farrar Felton Gaynor Granade Gunter Hamilton Harris Harrison Hood Hutchinson Jones, Herb King Lambert

Merritt Moore Morgan Murphy Oxford Pickard Rush Shepherd Thompson Townsend Triplett Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 1.

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

HR 585-1387. By Messrs. Wood, Whitmire and Williams of the llth:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the members of the Hall County Board of Education shall be elected

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by the electors of the Hall County School District, and to provide that the Hall County School Superintendent shall be appointed by the Board of Education of Hall County; to provide for the submission of this . amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"For the purposes of electing members to the Hall County Board of Education, positions on the board shall be numbered 1 through 5, respectively. Post No. 1 on the board shall be filled by that member representing the South Hall School District. Post No. 2 on the board shall be filled by that member representing the North Hall School District. Post No. 3 on the board shall be filled by that member representing the East Hall School District. Post No. 4 shall be filled by that member representing the Gainesville School District. Post No. 5 shall be filled by that member who represents the Hall County School District at large. In order for a candidate to be eligible to offer for election to Post No. 1 on the board, he must reside within the South Hall School District. In order for a candidate to be eligible to offer for election to Post No. 2 on the board, he must reside within the North Hall School District. In order for a candidate to be eligible to offer for election to Post No. 3 on the board, he must reside within the East Hall School District. In order for a candidate to be eligible to offer for election to Post No. 4 on the board, he must reside within the Gainesville School District. Any candidate desiring to offer for election to Post No. 5 may reside anywhere within the Hall County School District. At the time of their qualification, the candidates shall designate by number those positions on the board for which they offer for election. Notwithstanding any other provisions of this Paragraph to the contrary, commencing with the 1974 general election, candidates shall be elected to the board by the vote of all the eligible electors of the Hall County School District.
Effective January 1, 1977, the Hall County School Superinten dent shall not be elected but shall be appointed by the Board of Education of Hall County to serve at the pleasure of the board."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that the members of the Hall County Board of Educa tion shall be elected by the electors of the Hall County School District, and to provide that the Hall County
NO ( ) School Superintendent shall be appointed by the Board of Education of Hall County?"

TUESDAY, JANUARY 25, 1972

697

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

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

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. 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 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 Evans Floyd, J. H. Floyd, L. R. Praser Gary Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Ham Harrington Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Isenberg Jessup

Johnson 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 Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Miles Milford Miller Moyer Mulheria Mullinax Nessmith

698
Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves

JOURNAL OF THE HOUSE,

Roach Ross 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 Sweat Thomason Toles Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Voting in the negative was Mr. J. T. Bennett.

Those not voting were Messrs.:

Alexander, W. M. Alien Barfield Blackshear Bostick Bo wen Carr Carter Collier Dailey Dean, J. E. Edwards Egan Ezzard

Farrar Felton Gaynor Granade Gunter Hamilton Harris Harrison Hood Hutchinson Jones, Herb King Lambert Merritt

Moore Morgan Murphy Oxford Pickard Rush Shepherd Thompson Town send Triplett Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 1.

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

HR 587-1387. By Mr. Grahl of the 40th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Board of Education of Peach County to make grants for the purpose

TUESDAY, JANUARY 25, 1972

693

of educating or training certain handicapped citizens of Peach County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article VIII, Section XIII, Paragraph I of the Con stitution is hereby amended by adding at the end thereof the following paragraph:
"The Board of Education of Peach County shall have the power and authority, acting in its sole discretion, to grant to the parents or guardians, or directly to private educational institutions, of any hearing impaired, physically handicapped, speech handicapped, multiple handicapped, autistic, or visually impaired resident of Peach County, who is 21 years of age or less, a grant when such resident is attending a private educational institution. Such grants shall be made from the funds raised for the maintenance and sup port of the public education system of Peach County. The amount of such grant shall be determined by the Board of Education of Peach County, not to exceed the amount spent per pupil (ADA) for maintenance and operation in the Peach County School System for the preceding fiscal year. The Board shall take into considera tion any grants for such residents from the State Board of Educa tion and/or the Federal Government. The Board of Education of Peach County shall establish minimum standards which must be maintained by private educational institutions which are attended by such residents in order for the applicant for such a grant to be entitled to receive same. In addition, the Board of Education is authorized to establish and promulgate such rules and regula tions as they deem necessary relating to the administration of this paragraph."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the Board of Education of Peach County to make
NO ( ) grants for the purpose of educating or training cer tain handicapped citizens of Peach County?"
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.

700

JOURNAL OP THE HOUSE,

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. 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 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 Evans

Ployd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Ham Harrington Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Isenberg Jessup Johnson 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 Le vitas Lewis Logan Longino Lowrey Marcus Mason

Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Miles Milford Miller 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 Ross Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shaiiahan Sherman Sims Smith, H. R.
Smith, J. R.
Smith, V. T.

Snow Sorrells Stephens Strickland
Sweat Thomason

TUESDAY, JANUARY 25, 1972

701

Toles Tripp Turner Wamble Ware Wheeler, Bobby

Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Voting in the negative was Mr. J. T. Bennett.

Those not voting were Messrs.:

Alexander, W. M. Alien Barfield Blackshear Bostick Bowen Carr Carter Collier Dailey Dean, J. E. Edwards Egan Ezzard

Farrar Felton Gaynor Granade Gunter Hamilton Harris Harrison Hood Hutchinson Jones, Herb King Lambert

Merritt Moore Morgan Murphy Oxford Pickard Rush Shepherd Thompson Townsend Triplett Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 1.
The Resolution, having received the requisite two-thirds constitutional majority, was adopted.
The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker: The Senate has adopted by the requisite constitutional majority the following
Resolution of the Senate, to-wit:
SR 254. By Senators Hudgins of the 15th and Jackson of the 16th: A Resolution relative to the South Georgia Limited Access Highway Association; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

702

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SB 313. By Senators Lester of the 23rd and Holley of the 22nd:
A Bill to amend Code Section 113-1702 relating to sales by adminis trators, as amended, so as to permit private sales upon approval of the procedures connected therewith; to repeal conflicting laws; and for other purposes.

The following Resolution of the Senate was read and referred to the Com mittee on Highways:

SR 254. By Senators Hudgins of the 15th and Jackson of the 16th:
A RESOLUTION
Relative to the South Georgia Limited Access Highway Association and for other purposes.
WHEREAS, the six South Georgia Area Planning and Development Commissions have recognized and taken cognizance of the highway situation in South Georgia; and
WHEREAS, these South Georgia Area Planning and Development Commissions have caused professional feasibility and justification studies to be accomplished; and
WHEREAS, these six South Georgia Area Planning and Develop ment Commissions have joined together to sponsor and establish the South Georgia Limited Access Highway Association; and
WHEREAS, the South Georgia Limited Access Highway Associa tion and its objectives are funded and supported by 23 counties and cities of South Georgia; and
WHEREAS, the South Georgia Limited Access Highway Associa tion endeavors to improve and enhance the highway conditions in Georgia and the southeastern United States.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA that this Body hereby acknowledges and endorses the outstanding efforts being extended through the South Georgia Limited Access Highway Association, by the sponsoring com missions, supporting counties and cities, in this fine endeavor to provide more adequate high standard highways in Georgia.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution to the executive directors of the six South Georgia Area" Planning and Development Commissions.

By unanimous consent, the following Bill of the Senate was read the first time and referred to the Committee on Judiciary:

TUESDAY, JANUARY 25, 1972

703

SB 313. By Senators Lester of the 23rd and Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 113-1702, relating to sales by administrators, so as to permit private sales upon approval of the procedures connected therewith; and for other purposes.

Mr. Northcutt of the 21st moved that the House reconsider its action in fail ing to give the requisite constitutional majority to the following Bill of the
House:

HB 1170. By Messrs. Northcutt of the 21st, Longino of the 98th and Lee of the 21st:
A Bill to be entitled an Act to provide that no municipality shall have the power or authority to regulate in any manner the operation of any taxi or cab stand which is located upon private property; and for other purposes.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Battle Berry Bohannon Brantley, H. H. Brantle. H. L. Bray Collins, M. Colwell Conger Davis, W. Dorminy Gary Grantham Griffin Ham Howell

Hudson, Ted Hutchinson Jones, J. R. Knight Knowles Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Le vitas Lewis Longino Matthews, D. R. Mauldin McDonald Miles Milford Moore

Morgan Northcutt Odom Patten Pearce Peters Phillips, L. L. Pickard Reaves Russell, A. B. Salem Savage Shanahan Smith, H. R. Smith, J. R. Stephens Toles Wamble Wheeler, Bobby

Those voting in the negative were Messrs.

Alexander, W. H. Blackshear Bond

Brown, B. D. Brown, S. P. Chappell

Clements Cole Collins, S.

704
Coney, G. D Coney, J. L. Connell Cook Davis, E T. Dent Dixon Egan Evans Ployd, J. H. Geisinger Gignilliat Groover Hawes

JOURNAL OP THE HOUSE,

Hays Hill, B. L. Horton Housley Howard Hudson, C. M. Isenberg
Jessup Kreeger Leggett Marcus Maxwell McCracken

Moyer Mulherin Noble Phillips, G. S. Phillips, W. R. Pinkston Poole Russell, W. B. Sims Sweat Tripp Williams Wood, R. E.

Those not voting were Messrs.:

Alien Atherton Barfield Bell Bennett, J. T. Bennett, Tom Black Bostick Bowen Brown, C. Buck Burruss Busbee Carr Carter Chance Chandler Cheeks Collier Dailey Daugherty Dean, Gib Dean, J. E.
Dean, N.
Drury
Edwards
Ezzard
Farrar
Felton

Floyd, L. R. Fraser Gaynor Grahl Granade Greer Gunter Hamilton Harrington Harris Harrison Hill, G. Hood Johnson Jones, Herb Jordan Keyton King Lambert Logan Lowrey Mason Matthews, C.
McDaniell
Melton
Merritt
Miller
Mullinax
Murphy

Nessmith Nunn Oxford Patterson Potts Rainey Roach Ross Rush Russell, H. P. Scarborough Shepherd Sherman Smith, V. T. Snow Sorrells Strickland Thomason Thompson Townsend Triplett Turner Vaughn
Ware
Wheeler, J. A.
Whitmire
Wilson
Wood, J. T.
Mr. Speaker

On the motion to reconsider, the ayes were 59, nays 49.

The motion prevailed.

TUESDAY, JANUARY 25, 1972

705

Mr. McCracken of the 36th asked unanimous consent that the following Resolution of the House be withdrawn from the Committee on Insurance and referred to the Committee on Retirement:

HB 369-1053. By Messrs. Adams of the 100th, Miller of the 83rd, Scarborough of the 81st 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.

The consent was granted.
The following communication from His Excellency, Governor Jimmy Carter, was received and read:
EXECUTIVE DEPARTMENT ATLANTA 30334
January 24, 1972
Honorable Geo. L. Smith II Speaker, House of Representatives and Members of the House of Representatives State Capitol Atlanta, Georgia 30334
Ladies and Gentlemen:
In accordance with Article V, Section I, Paragraph XI of the Con stitution of the State of Georgia, I report to you as follows:
Subsequent to the adjournment of the Extraordinary Session of the General Assembly on October 8, 1971, to the date of this communication, there have been no convictions for treason in the State of Georgia. Therefore, I was not called upon to suspend the execution of a sentence for treason.
On December 6, 1971, I granted a stay of execution in the case of the State of Georgia v. Woodrow Whisman. Whisman was sentenced to death by electrocution on January 21, 1965, after con viction of Murder in the Superior Court of Chattooga County. The sentence was stayed for a period of sixty (60) days from December

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JOURNAL OF THE HOUSE,

17, 1971, in order that the State Board of Pardons and Paroles could have additional time in which to hear and pass upon said case.

Sincerely,
/s/ Jimmy Carter Jimmy Carter

JC:whc

Mr. Jessup of the 49th asked unanimous consent that the following Bill of the House be withdrawn from further consideration:

HB 772. By Messrs. Jessup and Tripp of the 49th and Cole of the 3rd:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways, so as to provide for a 12 month permit for loads exceeding the length and width limits involving ma terials or commodities which can be dismantled or separated; and for other purposes.

The consent was granted.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 1188. By Mr. Brown of the 81st:
A Bill to be entitled an Act to amend Code Section 67-2003, relating to mechanics' liens, so as to provide that such liens may include certain claims for storage; and for other purposes.

The following Committee amendment was read:
The Committee on Special Judiciary moves to amend HB 1188 as follows:
By adding after the word "notice" on line 22, page 1, the following:
"by certified mail sent to the last known address of".
By striking the word "to" on line 22, page 1.
By striking the word "accrues" on line 22, page 1, and substituting in lieu thereof the words, "begins accruing".

TUESDAY, JANUARY 25, 1972

707

By adding a new sentence after the sentence ending -with the word "furnished" on line 5, page 2, as follows:

"The maximum amount of storage that may be charged for the purposes of this Section shall be $1.00 per day."

The following substitute, offered by Mr. Brown of the 81st, was read and adopted:
A BILL
To be entitled an Act to amend Code Section 67-2003, relating to mechanics' liens, as amended by an Act approved December 21, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 275), and an Act approved March 17, 1960 (Ga. Laws 1960, p. 912), so as to provide that such liens may in clude certain claims for storage; to provide for notices; to change the provisions relative to the filing of such liens; to provide for other mat ters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Code Section 67-2003, relating to mechanics' liens, as amended by an Act approved December 21, 1953 (Ga. Laws 1953, Nov.Dec. Sess., p. 275), and, an Act approved March 17, 1960 (Ga. Laws 1960, p. 912), is hereby amended by striking said Code Section in its entirety and inserting in lieu thereof a new Code Section 67-2003, to read as follows:
"67-2003. All mechanics of every sort, for work done and material furnished in manufacturing or repairing personal prop erty, and for storage of such personal property after its manufac ture or repair, which storage begins accruing after thirty days' written notice to the owner mailed to the owner by certified mail addressed to the owner at his last known address of the fact that storage is accruing, and of the daily dollar amount thereof, shall have a special lien on the same, which may be asserted by retention of such property, or the mechanic may surrender such personal property and give credit, when the same shall be enforced in accordance with the provisions of Section 67-2401, and shall be superior to all liens except liens for taxes and such other liens as the mechanic may have had actual notice of before the work was done or material furnished. The maximum amount of storage that may be charged shall be $1.00 per day. Nothing contained herein shall allow a fee for storage to be charged on any item with a fair market value in excess of $200.00. Storage charges pursuant to this Act shall not apply to motor vehicles covered now or here after by the 'Moter Vehicle Certificate of Title Act', nor shall said storage fee be charged if there is a bona fide dispute between the customer and the mechanic as to the manner of repair, or the charges for repair. When they surrender possession of the property to the debtor, such mechanics shall record their claims of lien,

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within ninety (90) days after such work is done and material furnished in the office of the clerk of the superior court of the county where the owner of such property resides, which claim shall be in substance as follows: 'A.B., mechanic, claims a lien on _._.__.____...__. (here describe the property) of C.B., for work done, material furnished and storage accruing (as the case may be) in the manufacturing, repairing and/or storing (as the case may be) the same.' "

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

The floor substitute having been adopted, the Committee amendment was therefore out of order.

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. Alien Atherton Bennett, J. T, Berry Black Bohannon Bond Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carter Chance Chandler Chappell Cheeks Clements Colwell

Coney, G. D. Conger
Connell Cook Dailey
Daugherty Davis, E. T. Davis, W. Dent Dorminy
Drury
Egan Evans Felton Fraser Gary Granade Grantham Griffin Groover
Gunter Ham Harrington
Hawes Hays Hill, B. L.

Hill, G. Housley Howard Howell Hudson, Ted Hutchinson Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles
Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett Le vitas
Lewis Logan Longino

TUESDAY, JANUARY 25, 1972

709

Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell
McCracken McDaniell Melton Merritt Miles Milford Miller
Moyer Mulherin
Mullinax Nessmith Northcutt

Nunn Odom Oxford
Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole
Potts Reaves Roach Russell, H. P. Russell, W. B. Salem Savage Shepherd

Sherman Sims Smith, H. R. Snow Stephens Strickland Sweat Thomason Toles Townsend Triplett Tripp Vaughn Ware Wheeler, Bobby Wheeler, J. A. Wilson Wood, R. E.

Those voting in the negative were Messrs.

Blackshear Collins, S. Dean, Gib Dixon Floyd, L. R.

Harrison Isenberg
Lane, W. J. Moore

Murphy Whitmire Williams Wood, J. T.

Those not voting were Messrs.:

Alexander, W. M. Battle Barfield Bell Bennett, Tom
Bostick Brantley, H. H. Buck Carr Cole Collier Collins, M.
Coney, J. L. Dean, J. E.
Dean, N. Edwards Ezzard

Parrar
Floyd, J. H. Gaynor Gei singer Gignilliat Grahl
Greer Hamilton Harris Hood Horton
Hudson, C. M. Johnson McDonald Morgan Noble

Patten Phillips, W. R. Pickard Rainey Ross Rush Russell, A. B.
Scarborough Shanahan Smith, J. R. Smith, V. T. Sorrells Thompson Turner Wamble Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 133, nays 13.

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

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

HB 1295. By Messrs. Matthews and Patten of the 63rd and Collins of the 62nd:
A Bill to be entitled an Act to amend Code Section 88-1205a, relating to requirements of a bond for mass gatherings, so as to provide that no bond shall be required in an incorporated municipality or county owned area and commits itself to clean up the site upon which the gathering is to be held; and for other purposes.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien
Atherton Battle Bell
Bennett, Tom Berry Black Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss
Busbee Carter Chance Chandler Chappell Cheeks Clements Cole
Collins, M. Collins, S.

Coney, G. D. Coney, J. L. Connell Cook
Daugherty Davis, E. T. Dean, N.
Dent Dixon Dorminy
Drury Egan Evans Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Groover Gunter Ham Harrington Harris Harrison
Hawes Hays Hill, G. Horton

Housley Hudson, C. M. Hutchinson Isenberg Jessup Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Longino
Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDonald Melton Miles

Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Patten Peters Phillips, G. S.

TUESDAY, JANUARY 25, 1972

711

Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Reaves Roach Ross Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Sherman Sims

Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Sweat Toles Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Williams Wood, J. T.

Those voting in the negative were Messrs.

Howard

Johnson

Lee, W. S.

Those not voting were Messrs.:

Alexander, W. M. Barfield Bennett, J. T. Bond Brown, B. D. Buck Carr Collier Colwell Conger Dailey Davis, W. Dean, Gib Dean, J. E. Edwards Ezzard Farrar Grahl

Granade Grantham Greer Griffin Hamilton Hill, B. L. Hood Howell Hudson, Ted Jones, Herb Lambert Larsen, G. K. Mason McDaniell Merritt Oxford Patterson Pearce

Potts Rainey Rush Russell, A. B. Savage Shepherd Sorrells Strickland Thomason Thompson Townsend Triplett Vaughn Whitmire Wilson Wood, R. E. Mr. Speaker

On the passage of the Bill, the ayes were 139, nays 3.

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

HB 861. By Messrs. Larsen of the 42nd and Pinkston of the 81st: A Bill to be entitled an Act to amend Code Section 26-1705.9, relating

712

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to punishment and penalties for illegal use of credit cards, so as to change the punishment provisions of subsection (a); and for other purposes.

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

On the passage of the Bill, the ayes were 99, nays 2.

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

HB 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 and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to change the de scription of the State Flag of Georgia; and for other purposes.

By unanimous consent, further consideration of HB 999 was postponed until January 26, 1972.

HR 521-1167. By Messrs. Mulherin of the 78th, Thomason of the 77th, Blackshear of the 91st, Alexander of the 96th, Housley of the 117th, Hill of the 97th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to confer upon counties and municipalities, or any combination thereof, certain power and authority to provide services; and to provide for districts within which such services may be provided; 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 IX of the Constitution is hereby amended by adding at the end thereof a new Section II to read as follows:
"SECTION III
Paragraph I. In addition to and supplementary of any powers now conferred upon and possessed by any county, municipality, or any combination thereof, any county, any municipality and any

TUESDAY, JANUARY 25, 1972

713

combination of any such political subdivisions may exercise the following powers and provide the following services:
(1) Police and fire protection.
(2) Garbage and solid waste collection and disposal.
(3) Public health facilities and services; including hos pitals, ambulance, emergency rescue services, and animal con trol.
(4) Street and road construction and maintenance; includ ing curbs, sidewalks, street lights and traffic control devices.
(5) Parks, recreational areas, programs and facilities.
(6) Storm water and sewage collection and disposal sys tems.
(7) Development, storage, treatment and purification and distribution of water.
(8) Public housing.
(9) Urban redevelopment programs.
(10) Public transportation system.
(11) Planning and zoning.
(12) Libraries.
(13) Terminal and dock facilities and parking facilities.
(14) Building, housing, plumbing, and electrical codes.
Each county and municipality, and any combination thereof, shall have the authority to enact ordinances and to contract with each other in pursuance of this Paragraph, and for the purpose of carrying out and effectuating the powers herein conferred upon such political subdivisions and in order to provide such services. Any county, municipality, and any combination thereof, may provide for the creation of special districts within which the above services, or any portion thereof shall be provided, and to determine and fix reasonable charges and fees for such services. In addition, the powers of taxation and assessment may be exercised by any county, municipality or any combination thereof, or within any such dis trict, for the above powers and in order to provide such services."

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 confer upon counties and municipalities, or any combination
NO ( ) thereof, certain powers and authority to provide serv ices ; and to provide that districts may be created with in which such services may be provided?"

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JOURNAL OP THE HOUSE,

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

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

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend House Resolution 521-1167, as follows:
By adding between line 13 and 14 on page 2, the following:
"(15) Air pollution control."

The following amendments were read and adopted:
Mr. Mulherin of the 78th moves to amend HR 521-1167 by adding on Line 21 after the word "thereof" the words "or the General Assembly" and by adding the same on Line 3 in the title.
Mr. Mulherin of the 78th moves to amend HR 521-1167 by adding between Lines 13 and 14 on page 2, and after the phase
"(15) Air Pollution Control;" the following:
"Provided, however, that no City or County may exercise any such powers or provide any such service herein listed inside the boundaries of any other local governments except by contract with the City or County affected unless otherwise provided by any local or special law and no existing local or special laws or provisions of this Constitution is intended to be hereby repealed."
Mr. Mulherin of the 78th moves to amend HR 521-1167 by striking from subsection (4) of Section 1 the following:
"Traffic control devices";
By adding in subsection (4) of Section 1 after the word "and" the following:
"devices to control the flow of traffic on streets and roads constructed by counties and municipalities or any combination thereof."

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

TUESDAY, JANUARY 25, 1972

715

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 Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole 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 Egan Evans Felton Floyd, J. H. Floyd, L. R.

Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Griffin Groover Gunter Ham Harris 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 Logan Longino Lowrey Marcus Mason Matthews, C.

Mauldin Maxwell McCracken Melton Merritt Miles Milford Miller Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Potts Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend

716
Triplett Tripp Turner Vaughn Wamble

JOURNAL OF THE HOUSE,

Ware Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Wilson Wood, J. T. Wood, R. E.

Voting in the negative was Mr. Harrington.

Those not voting were Messrs.:

Alexander, W. M. Atherton Barfield Bond Brown, B. D. Buck Burruss Collier Collins, M. Dean, J. E. Drury

Edwards Ezzard Farrar Grahl Greer Hamilton Hood Howard Matthews, D. R. McDaniell

McDonald Moore Morgan Oxford Phillips, W. R. Pickard Rainey Russell, A. B. Sorrells Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 163, nays 1.

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

Mr. Harrington of the 34th stated that he had inadvertently voted "nay" on the adoption of HR 521-1167, as amended. He wished to be recorded as voting

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, JANUARY 26, 1972

717

Representative Hall, Atlanta, Georgia Wednesday, January 26, 1972

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 Dr. Alvin H. Brackett, Jr., Pastor, Ingleside Baptist Church, Macon, Georgia.

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

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

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1443. By Messrs, Reaves of the 71st and Collins of the 62nd: A Bill to be entitled an Act to provide that all food service establish-

718

JOURNAL OF THE HOUSE,

ments shall display certain information on menus concerning meat products imported from a foreign country; and for other purposes.
Referred to the Committee on Agriculture.

HB 1444. By Messrs. Reaves of the 71st and Collins of the 62nd:
A Bill to be entitled an Act to require all meat or meat food products manufactured or sold in this State to bear labels disclosing certain information; and for other purposes.
Referred to the Committee on Agriculture.

HB 1445. By Mrs. Merritt and: Mr. Oxford of the 46th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Macon County, so as to reduce the size of said Board of Commissioners from five members to three members; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1446. By Messrs. Collins of the 62nd and Matthews of the 63rd:
A Bill to be entitled an Act relating to Tobacco Boards of Trade, so as to authorize the organization of a nonstock corporation or voluntary association empowered to exercise on a statewide basis, with respect to tobacco markets, the powers and duties possessed by Tobacco Boards of Trade; to provide membership fees; and for other purposes.
Referred to the Committee on Agriculture.

HR 619-1446. By Messrs. Groover of the 27th, Smith of the 43rd, Busbee of the 61st, Floyd of the 7th, Salem of the 51st, Murphy of the 19th, Lane of the 44th, Phillips of the 50th and others:
A Resolution creating an interim study committee on State Programs and for other purposes.
Referred to the Committee on Rules.

HB 1447. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to repeal an Act creating the State Court of Chattooga County, so as to provide for the disposition of all suits, cases, papers, processes, books, indexes, and all other matters and materials of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, JANUARY 26, 1972

719

HB 1448. By Messrs. Alexander of the 108th, Adams of the 100th, Lane of the 101st, Savage of the 104th, Daugherty of the 109th, Stephens of the 103rd and others:
A Bill to be entitled an Act to amend an Act entitled an Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph I, of Section VII, of Article VI of the Constitution, so as to provide that the defendant shall serve and file his answer within 30 days after the service of the summons and complaint upon him; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1449. By Messrs. Coney of the 118th, Thomason of the 77th, Clements of the 1st, King of the 86th, Gunter of the 6th, Snow of the 1st and Felton of the 95th:
A Bill to be entitled an Act to repeal Code Title 76, relating to peace warrants and behavior bonds, in its entirety; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1450. By Messrs. Levitas of the 77th, Snow of the 1st, Lee of the 61st, Russell of the 77th, Nunn of the 41st, Egan of the 116th, Coney of the 118th and others:
A Bill to be entitled an Act to provide to the State a limited right to appeal certain orders, decisions and judgments in criminal cases; and for other purposes.
Referred to the Committee on Judiciary.

HB 1451. By Messrs. Levitas of the 77th, Snow of the 1st, Roach of the 10th, Lee of the 61st, Nunn of the 41st, Egan of the 116th, Howard of the 117th, Felton of the 95th and others:
A Bill to be entitled an Act to1 amend Code Section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party, so as to abolish the right of the accused in criminal trials to make an unsworn statement; and for other purposes.
Referred to the Committee on Judiciary.

HB 1452. By Messrs. Bennett of the 81st, Gunter of the 6th, Coney of the 118th, King of the 86th, Clements of the 1st, Thomason of the 77th and Felton of the 95th:
A Bill to be entitled an Act to amend Code Section 24-3101, relating to the appointment, removal, oath of office and duties of court reporters, so as to provide that judges of the superior courts shall have the power to appoint additional court reporters; and for other purposes.
Referred to the Committee on Special Judiciary.

720

JOURNAL OF THE HOUSE,

HB 1453. By Messrs. Ham of the 33rd, Brantley of the 52nd, Coney of the 82nd, Evans and Brown of the 81st and others:
A Bill to be entitled an Act to provide for a presidential preference election; to provide the procedure for the placing of names upon the ballot; and for other purposes.
Referred to the Committee on State of Republic.

HB 1454. By Mr. Isenberg of the 67th:
A Bill to be entitled an Act to amend the Code of Georgia, so as to change the method of service of garnishment proceedings upon a corporation when the agent of the corporation in charge of the office or business of the corporation is the defendant in the proceedings upon which the garnishment was based; and for other purposes.
Referred to the Committee on Judiciary.

HR 620-1454. By Messrs. Lee of the 61st, Snow of the 1st, Gunter of the 6th, Coney of the 118th, King of the 86th, Thomason of the 77th, Clements of the 1st and Pelton of the 95th:
A Resolution creating the Judicial Circuit Study Committee; and for other purposes.
Referred to the Committee on Judiciary.

HR 621-1454, By Messrs. Lee of the 61st, Snow of the 1st, Roach of the 10th, Nunn of the 41st, Gunter of the 6th, Coney of the 118th, King of the 86th, Clements of the 1st, Russell of the 77th, Bennett of the 81st and Pelton of the 95th:
A Resolution proposing an amendment to the Constitution so as to provide that the venue of all cases shall be as provided by law; and for other purposes.
Referred to the Committee on Judiciary.

HR 622-1454. By Messrs. Lee of the 61st, Snow of the 1st, Roach of the 10th, Nunn of the 41st, Gunter of the 6th, Coney of the 118th, King of the 86th, Clements of the 1st, Bray of the 31st, Russell of the 77th, Bennett of the 81st and Felton of the 95th:
A Resolution proposing an amendment to the Constitution so as to provide that all courts of the State shall be a part of one unified judicial system; and for other purposes.
Referred to the Committee on Judiciary.

WEDNESDAY, JANUARY 26, 1972

721

HB 1455. By Messrs. Snow of the 1st, Coney of the 118th, Nunn of the 41st, Roach of the 10th, Bennett of the 71st, Lambert of the 25th, Lee of the 61st, Gunter of the 6th, and others:
A Bill to be entitled an Act to amend Code Title 27, relating to criminal procedure, and to amend an Act repealing an Act providing for indeter minate sentences, so as to provide that on the trial of all criminal cases the jury shall give a general verdict of "guilty" or "not guilty", and upon a verdict of guilty the judge shall fix the sentence; and for other purposes.
Referred to the Committee on Judiciary.

HB 1456. By Mr. Oxford and Mrs. Merritt of the 46th: A Bill to be entitled an Act to provide for a different manner of electing members of the Board of Education of Schley County; to provide for education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation,
HB 1457. By Mrs. Merritt and Mr. Oxford of the 46th: A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, so as to change the population classification; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1458. By Mr. Oxford and Mrs. Merritt of the 46th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues in the Counties of Ployd, Berrien, Effingham, Schley, Sumter and Green, so as to change the provisions of the Board of Commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1459. By Messrs. Hudson and Dorminy of the 48th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ocilla, so as to change the method of filling vacancies in the office of mayor and aldermen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HR 623-1459. By Messrs. Clements, Snow and Hays of the 1st: A Resolution compensating Mr. Alvin J. Burns; and for other purposes.
Referred to the Committee on Appropriations.

HR 624-1459. By Messrs. Clements, Hays and Snow of the 1st: A Resolution compensating Mrs. Virginia Gray; and for other purposes.
Referred to the Committee on Appropriations.

HB 1460. By Messrs. Lee, Hutchinson, Busbee and Odom 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 provisions relating to the election of councilmen of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1461. By Messrs. Grahl of the 40th, Harris of the 10th, Housley of the 117th and Collins of the 62nd:
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to provide that the State Board of Educa tion shall secure combined bids for the needs of local units of adminis tration for bus bodies; and for other purposes.
Referred to the Committee on Education.

HB 1462. By Mr. Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act creating the State Board of Registration for Used Car Dealers and providing for the licensing and regulation of used car dealers, so as to provide that used car dealers shall maintain a record of the mileage appearing on the odometer of every vehicle upon the date of its acquisition as well as disposition; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 625-1462. By Messrs. Wilson and Atherton of the 117th:
A Resolution proposing an amendment to the Constitution so as to create the City of Marietta Parking Authority; to provide for the powers, authority and duties of such Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, JANUARY 26, 1972

728

HB 1463. By Messrs. Smith of the 39th and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide for the removal and storage at the owner's expense of unauthorized vehicles found in private parking areas; to provide for a lien for the expense thereof," so as to provide for notification of the owner; and for other purposes.
Referred to the Committee on Motor Vehicles.

HR 626-1463. By Messrs. Ware, Mullinax, Knight and Potts of the 30th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Troup County to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place of business in said county outside the corporate limits of municipalities located therein; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1464. By Messrs. Brown of the 81st, Roach of the 10th and Snow of the 1st:
A Bill to be entitled an Act to repeal an Act repealing Section 59-705 of the Code in its entirety; to repeal an Act repealing in its entirety Section 59-7 relating to general provisions relative to traverse juries, so as to provide for the challenge of jurors for favor; and for other purposes.
Referred to the Committee on Special Judiciary.

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 Ways and Means:

HB 1471. By Mr. Hawes 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 that dealers shall remit on or before the 20th day of the month 50'% of the estimated tax liability when said liability exceeds $500.00; and for other purposes.

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

HB 1418. By Messrs. Rush and Salem of the 51st: A Bill to be entitled an Act to amend an Act creating a board of

724

JOURNAL OF THE HOUSE,

Commissioners of Tattnall County, so as to provide for the election of the chairman of the board of commissioners by the electors of Tattnall County; and for other purposes.

HB 1419. By Messrs. Rush and Salem of the 51st: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the sheriff of Tattnall County and providing in lieu thereof an annual salary, so as to change the provisions relative to the compensation of the sheriff's deputies; and for other purposes.
HB 1420. By Messrs. Connell and Dent of the 79th, Miles of the 78th and Sherman of the 80th: A Bill to be entitled an Act to authorize the establishment of a merit system in Richmond County for employees of Richmond County; to provide for the creation of a merit system council; and for other pur poses.
HB 1421. By Messrs. Conger and Griffin of the 68th, Chandler of the 34th, Rus sell and Keyton of the 70th, Harrington of the 34th, Collins of the 62nd, Smith of the 3rd, Lane of the 101st and others: A Bill to be entitled an Act to amend Code Title 88-1, relating to the Department of Public Health, so as to give the Board of Health the power to appoint and remove personnel within the Department of Pub lic Health; and for other purposes.
HR 606-1421. By Mr. Shanahan of the 8th: A Resolution proposing an amendment to the Constitution so as to create the Gordon County School System by merging the independent school system of the City of Calhoun and the County of Gordon School System into one school district; and for other purposes.
HR 607-1421. By Mr. Stephens of the 103rd: A Resolution compensating Mr. Irwin Arnold; and for other purposes.
HB 1422. By Mrs. Merritt and Mr. Oxford of the 46th: A Bill to be entitled an Act to merge the Independent School System of the City of Americus and the Sumter County School System into one new School System; and for other purposes.
HB 1423. By Mr. Busbee of the 61st: A Bill to be entitled an Act to provide for the reorganization of State Government; to repeal conflicting laws; and for other purposes.

WEDNESDAY, JANUARY 26, 1972

725

HB 1424. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to provide for the reorganization of State Government; to repeal conflicting laws; and for other purposes.

HB 1425. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to provide for the reorganization of State Government; to repeal conflicting laws; and for other purposes.

HE 608-1425. By Mr. Busbee of the 61st: A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the consolidation and merger of coun ties and portions of counties by petition of the voters in the counties to be affected; and for other purposes.
HR 609-1425. By Mrs. Merritt and Mr. Oxford of the 46th: A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the merger of the Independent School System of the City of Americus and the existing Sumter County School System into one system, coextensive with the limits of Sumter County; and for other purposes.
HB 1426. By Messrs. Snow, Hays and Clements of the 1st: A Bill to be entitled an Act to create the Kensington Water and Sewer Authority; and for other purposes.
HB 1427. By Mr. Pickard of the 84th: A Bill to be entitled an Act to provide that the Public Service Commis sion shall have the power and authority to allocate gas or electricity which is supplied, sold or furnished in order to protect the public health, safety or welfare in the event that said Commission makes certain findings; and for other purposes.
HR 611-1427. By Messrs. Roach of the 10th and Snow of the 1st: A Resolution proposing an amendment to the Constitution so as to pro vide that in civil cases the General Assembly may provide for a verdict by not less than three-fourths of the jury and may prescribe any num ber, not less than six, to constitute trial or traverse jury; and for other purposes.
HR 612-1427. By Messrs. Roach of the 10th and Snow of the 1st: A Resolution proposing an amendment to the Constitution so as to

726

JOURNAL OF THE HOUSE,

provide that in noncapital criminal cases the General Assembly may provide for a verdict by not less than three-fourths of the jury and may prescribe any number, not less than six, to constitute a trial or traverse jury; and for other purposes.

HR 613-1427. By Mr. Roach of the 10th: A Resolution compensating Mrs. Eva S. Jones; and for other purposes.

HR 614-1427. By Mr. Roach of the 10th:
A Resolution compensating Mr. Thomas Joe Porter; and for other purposes.

HB 1428. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to abolish the present mode of compensat ing the tax commissioner of Burke County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1429. By Messrs, Busbee of the 61st, Triplett of the 93rd, Cheeks and Miles of the 78th, Pinkston of the 81st and Felton of the 95th:
A Bill to be entitled an Act to amend Code Chapter 13-2, relating to preliminary provisions relative to banks and banking, so as to define and redefine certain terms; and for other purposes.

HB 1430. By Mr. Dean of the 76th:
A Bill to be entitled an Act to amend an Act establishing a division within the Department of Education to be known as the Division of Vocational Education Service, so as to provide that the Board for Vocational Education shall be authorized to contract with private schools for the vocational training and education of residents of Geor gia; and for other purposes.
HB 1431. By Mr. Thomason of the 77th:
A Bill to be entitled an Act to provide that in each county or mu nicipality, every sheriff, deputy sheriff, policeman or other law en forcement officer shall be furnished with certain equipment by the gov erning authority of such county or municipality; and for other purposes.
HR 615-1431. By Messrs. Jones of the 87th, Alien of the 92nd, Triplett of the 93rd, Hill of the 94th, Mulherin and Miles of the 78th, Smith of the 80th, Gignilliat of the 89th, Battle of the 90th and others:
A Resolution proposing an amendment to the Constitution to authorize

WEDNESDAY, JANUARY 26, 1972

727

the General Assembly to provide by law for the recall of any elective public officer of this State and of any political subdivision of this State; and for other purposes.

HB 1432. By Messrs. Gunter of the 6th, Bennett of the 71st, Bennett of the 81st, Johnson of the 29th and Granade of the 75th:
A Bill to be entitled an Act to amend Code Chapter 24-1, relating to general provisions affecting judicial officers, so as to provide for dis qualification of judicial officers on grounds of personal bias or prejudice; and for other purposes.

HB 1433. By Messrs. Gaynor of the 88th, McCracken of the 36th, Groover of the 27th, Snow of the 1st and Lambert of the 25th:
A Bill to be entitled an Act to amend Code Chapter 26-17, relating to deceptive practices, so as to prohibit the publication of information relating to telephone numbers, credit numbers or other credit devices, which information is used for theft or fraudulent practices; and for other purposes.

HR 616-1433. By Messrs. Gunter and Moore of the 6th:
A Resolution compensating North Georgia Wholesale Company; and for other purposes.

HR 617-1433. By Messrs. Gunter and Moore of the 6th: A Resolution compensating Mr. Hoyt Purdy; and for other purposes.

HR 618-1433. By Mr. Gunter of the 6th:
A Resolution compensating Georgia Mountain Orchards, Inc.; and for other purposes.

HB 1434. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act providing how motor cycles shall be operated and providing that certain equipment and devices must be on certain motorcycles, so as to require persons operating or riding upon motorcycles to wear some type of footwear; and for other purposes.

HB 1435. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to require every motorcycle to be equipped with at least one brake for each wheel; and for other purposes.

728

JOURNAL OF THE HOUSE,

HB 1436. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension, revocation, and cancellation of driver's licenses, so as to provide for a special class of license for the operation of motorcycles; and for other purposes.

HB 1437. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act placing certain of the county officers of McDuffie County upon an annual salary, so as to change the compensation of the clerk of the superior court; and for other purposes.

HB 1438. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of McDuffie County, so as to provide that all of the members of the board shall be elected countywide; and for other purposes.

HB 1439. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to provide for a seven member Board of Education of McDuffie County; to provide for education districts; and for other purposes.

HB 1440. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of McDuffie County into the office of the tax com missioner of McDuffie County; and for other purposes.

HB 1441. By Mr. Maxwell of the 17th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Madison County; and for other purposes.

HB 1442. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to change the amount of deduction permitted to a dealer as compensation for collectting, accounting and remitting the tax imposed; and for other purposes.

SB 313. By Senators Lester of the 23rd and Holley of the 22nd: A Bill to be entitled an Act to amend Code Section 113-1702, relating

WEDNESDAY, JANUARY 26, 1972

729

to sales by administrators, so as to permit private sales upon approval of the procedures connected therewith; and for other purposes.

Mr. Floyd of the 7th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the follow ing Bill and Resolutions of the House, and has instructed me to report the same back to the House with the following recommendations:

HR 107- 270. Do Not Pass.

HR 82- 224. Do Pass, as Amended.

HB

809. Do Pass, by Substitute.

HR 566-1307. Do Pass.

HR 124- 328. Do Pass.

HR 125- 328. Do Pass.

HR 564-1307. Do Pass.

HR 565-1307. Do Pass.

HR 567-1319. Do Pass, as Amended.

Respectfully submitted, Floyd of the 7th, Chairman.

Mr. Gaynor of the 88th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the fol lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1168. Do Pass. HB 1376. Do Pass. HB 1377. Do Pass. HB 1378. Do Pass. HB 1379. Do Pass. HB 1380. Do Pass. HB 1381. Do Pass.

730

JOURNAL OF THE HOUSE,

HB 1382. Do Pass. HB 1384. Do Pass. HB 1385. Do Pass.

Respectfully submitted, Gaynor of the 88th, 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 tion 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 1400. Do Pass. HB 1399. Do Pass. HR 599-1401. Do Pass. HB 1401. Do Pass.
Respectfully submitted, Gignilliat of the 89th, Secretary.
Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1217. Do Pass. HB 1151. Do Pass. HB 1293. Do Pass, as Amended. SB 77. Do Pass, by Substitute.
Respectfully submitted, Snow of the 1st, Chairman.

WEDNESDAY, JANUARY 26, 1972

731

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 ing1 Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1173. Do Pass.
HB 1389. Do Pass.
HB 1153. Do Pass.
HB 1107. Do Pass.
HB 1185. Do Pass.
HR 592. Do Pass.

Respectfully submitted, Smith of the 39th, Chairman.

Mr. Dorminy of the 48th District, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1244. Do Pass. HB 1341. Do Pass, by Substitute.
Respectfully submitted, Mason of the 13th, Secretary.

Mr. Busbee of the 61st District, Chairman of the Committee on Rules, sub mitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of

732

JOURNAL OF THE HOUSE,

the House and has instructed me to report same back to the House with the fol lowing recommendation:
HB 1373. Do Pass, by Substitute.

Respectfully submitted, Busbee of the 61st, 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 Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1304. Do Pass. HR 555-1273. With No Recommendation. HB 1392. Do Not Pass. HR 558-1288. Do Pass, as Amended.
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 of the House and has instructed me to report same back to the House with the following recommendations:
HB 1407. Do Pass. HB 1408. Do Pass. HB 1409. Do Pass. HB 1410. Do Pass. HB 1411. Do Pass.
Respectfully submitted, Levitas of the 77th, Chairman.

WEDNESDAY, JANUARY 26, 1972

733

Mr. Matthews of the 16th District, Chairman of the Committee on Uni versity System of Georgia, submitted the following report:

Mr. Speaker:

Your Committee on University System of Georgia has had under considera tion the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1277. Do Pass.
Respectfully submitted,
Matthews of the 16th,
Chairman.

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

HB 1407. By Messrs. Dorminy and Hudson of the 48th:
A Bill to be entitled an Act to provide that the County School Superin tendent of Wilcox County shall be appointed by the Board of Education of Wilcox 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 1408. By Mr. Grantham of the 55th:
A Bill to be entitled an Act to amend an Act establishing the City Court of Douglas in and for the County of Coffee, changed to the "State Court of Coffee County", as amended, so as to change the com pensation provisions relative to 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.

734

JOURNAL OF THE HOUSE,

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

HB 1409. By Mr. Grantham of the 55th:
A Bill to be entitled an Act to amend an Act creating the Charter for the City of Douglas, as amended, so as to change the date for electing the board of commissioners 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 1410. By Mr. Grantham of the 55th:
A Bill to be entitled an Act to amend an Act creating the office of Com missioner of Roads and Revenues in the County of Coffee, as amended, so as to change the compensation of the Clerk of the Board of Commis sioners; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1411. By Mr. Grantham of the 55th: A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Coffee County, known as the fee system, as amended, so as to change the compensation of the said officers and their employees; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

WEDNESDAY, JANUARY 26, 1972

735

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

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

SB 11. By Senator Kidd of the 25th:
A Bill to amend Code Section 74-104, relating to the age of majority, so as to change the age of majority; to repeal conflicting laws; and for other purposes.

SB 359. By Senator Smalley of the 28th:
A Bill to amend Code Section 26-2306, relating to officers of employees selling to governments or political subdivisions, so as to provide for ex ceptions from the prohibitions against local government officers or employees selling to political subdivisions; and for other purposes.

SB 376. By Senator Webb of the llth: A Bill to amend Code Section 27-704, relating to the waiver of indict ments and the trial of defendants upon accusations, as amended, so as to provide for accusations in certain misdemeanor cases; to repeal con flicting laws; and for other purposes.
SB 382. By Senators Smith of the 18th, Ballard of the 45th, Starr of the 44th and others: A Bill to amend an Act known as the "Minimum Foundation Program of Education Act," as amended, so as to change the provisions relative to the calculation of the amounts to be raised by local units of administra tion in support of the Minimum Foundation Program of Education; to repeal conflicting laws; and for other purposes.
SB 387. By Senator Broun of the 46th: A Bill to require the drivers of all trucks using the public streets and highways of this State to use the lane farthest to the right on multiple lane streets and highways; and for other purposes.
The Senate has adopted by the requisite constitutional majority, the fol lowing Resolutions of the Senate, to-wit:

736

JOURNAL OF THE HOUSE,

SR 207. By Senators Riley of the 1st, Lester of the 23rd, Coggin of the 35th and others:
A Resolution proposing an amendment to the Constitution, so as to authorize the General Assembly to exempt from all ad Valorem tax ation the tangible and intangible property of hospitals, no portion of the net profit from the operation of which can inure to the benefit of any private person; and for other purposes.

SR 217. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution, so as to provide for a Judicial Qualifications Commission, and for other purposes.

The Senate has agreed to the House Substitute on the following Bill of the Senate, to-wit:

SB 173. By Senator Holley of the 22nd:
A Bill to amend Code Section 13-204, which prohibits any individual, partnership, or company from conducting a banking business without a charter or certificate, as amended, so as to provide that no person, or corporation except a regularly chartered bank or regulated certifi cated bank shall use the words "bank", "banker", "banking company", "banking house", or any other similar name indicating that the busi ness done is that of a bank upon any sign or printed matter; 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 11. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 74-104, relating to the age of majority, so as to change the age of majority; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 359. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 26-2306, relating to officers or employees selling to governments or political subdivisions, so as to provide for exceptions from the prohibitions against local government officers or employees selling to political subdivisions; and for other purposes.
Referred to the Committee on State of Republic.

WEDNESDAY, JANUARY 26, 1972

737

SB 376. By Senator Webb of the llth:
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 accusations, so as to provide for accusations in certain misdemeanor cases; and for other purposes.
Referred to the Committee on Judiciary.

SB 382. By Senators Smith of the 18th, Ballard of the 45th, Starr of the 44th 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 calculation of the amounts to be raised by local units of administration in support of the Minimum Foundation Program of Education; and for other purposes.
Referred to the Committee on Education.

SB 387. By Senator Broun of the 46th:
A Bill to be entitled an Act to require the drivers of all trucks using the public streets and highways of this State to use the lane farthest to the right on multiple lane streets and highways; and for other purposes.
Referred to the Committee on Motor Vehicles.

SR 207. By Senators Riley of the 1st, Lester of the 23rd, Coggin of the 35th and others:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals no portion of the net profit from the operation of which can inure to the benefit of any private person; and for other purposes.
Referred to the Committee on Ways and Means.

Mr. Gaynor of the 88th moved that SR 207 be engrossed.

The motion prevailed and SR 207 was ordered engrossed.

SR 217. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to pro vide for a Judicial Qualifications Commission; and for other purposes.
Referred to the Committee on Judiciary.

738

JOURNAL OP THE HOUSE,

Under the general order of business, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HR 82-224. By Mr. Maxwell of the 17th:
A Resolution compensating Mr. Wyatt C. Adams; and for other pur poses.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 82-224 by changing the figure $2100.00 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $2,000.00.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 172, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 124-328. By Mr. Atherton of the 117th: A Resolution compensating Mr. Hassil Culpepper; 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 172, nays 0.

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

HR 125-328. By Mr. Atherton of the 117th:
A Resolution compensating the Noonday Baptist Church; and for other purposes.

WEDNESDAY, JANUARY 26, 1972

739

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 172, nays 0.

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

HR 564-1307. By Mr. Adams of the 9th:
A Resolution compensating Mrs. Agnes H. Green; 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 172, nays 0.
The Resolution, having received the requisite constitutional majority was adopted.
HR 565-1307. By Mr. Adams of the 9th: A Resolution compensating Mr. Robert Lee Cochran, 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 172, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 566-1307. By Mr. Adams of the 9th: A Resolution compensating Mr. A. G. Lipham; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

740

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 172, nays 0.

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

HR 567-1319. By Mr. Lane of the 101st: A Resolution compensating Mr. L. C. Brock; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 567-1319 by changing the figure $408.80 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $400.53.

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 172, nays 0.

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

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.

The following amendment was read and adopted:

Mr. McCracken of the 36th moves to amend SB 125 as follows:

By striking Section 3 in its entirety and renumbering Section 4 as Section 3.

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

WEDNESDAY, JANUARY 26, 1972

741

On the passage of the Bill, as amended, the ayes were 107, nays 0.

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

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 treat ment, without having to obtain parental consent; and for other purposes.
Mr. Marcus of the 105th moved that HB 1059 be withdrawn from further consideration.

The motion prevailed.

HB 1278. By Messrs. Black of the 45th, Lowrey of the 9th, Matthews of the 63rd, Reaves of the 71st, Geisinger of the 72nd, Farrar of the 77th and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act regulating the sale, inspec tion, importation and distribution of fluid milk products, so as to pro vide that raw certified milk and milk products meeting qualifications of milk commissions may be sold for manufacturing purposes as long as they are properly labeled; and for other purposes.

An amendment, offered by Mr. King of the 86th, was read and lost.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. Adams, John Alien Atherton Battle Bell Bennett, J. T., Jr.

Bennett, Tom Black Blackshear Bohannon Bond Bostick Bowen

Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Burruss Busbee Carr

742
Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Egan Parrar Felton Floyd, L. R. Fraser Gary Gayn&r Geisinger Gignilliat Grantham Greer Griffin Groover Gunter Ham Harris Harrison Hawes

JOURNAL OF THE HOUSE,

Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McCracken McDaniell McDonald Melton Merritt Miles Moore Moyer Mulherin

Mullinax Murphy Nessmith Nunn Odom Oxford Patterson Patten Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Reaves Roach Rush Russell, A. B. Russell, W. B. Salem Savage Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Sweat Thompson Toles Triplett Tripp Turner Vaughn Ware Wheeler, B. Wheeler, J. A. Whitmire Williams Wilson Wood, R. E.

Those voting in the negative were Messrs.:

King Mauldin

Milford

Wood, J. T.

Those not voting were Messers.:

Adams, M. Alexander, W. H. Alexander, W. M.

Barfield Berry Bray

Brown, B. D. Buck Chandler

WEDNESDAY, JANUARY 26, 1972

743

Collier Dean, J. E. Drury Evans Ezzard Floyd, J. H. Grahl Granade Hamilton Harrington Hood Jessup

Knight Larsen, W. W. Longino Miller Morgan Noble Northcutt Pearce Peters Pickard Poole Potts

Rainey Ross Russell, H. P. Scarborough Shepherd Sorrells Strickland Thomason Townsend Wamble Mr. Speaker

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

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

Messrs. Adams of the 39th and Granade of the 75th stated that they had been called from the floor of the House when the roll was called on HB 1278. They wished to be recorded as voting "aye".

Mr. King of the 86th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HB 1278.

Under the general order of business, the following Bill of the House was again taken up for consideration:

HB 999. By Mrs. Merritt of the 46th and Hamilton of the 112th, 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, and Triplett of the 93rd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Military Forces Reorganization Act of 1955", so as to change the de scription of the State Flag of Georgia; and for other purposes.

The following amendment was read and adopted:
Mrs. Merritt of the 46th moves to amend HB 999 as follows:
By inserting in the title immediately before the phrase, "to repeal conflicting laws;", the following, "to provide for a statewide referen dum;".

744

JOURNAL OF THE HOUSE,

By renumbering Section 2 as Section 3 and by adding a new Section 2 to read as follows:

"Section 2. After the approval of this Act by the Governor or after it otherwise becomes law, it shall be the duty of the ordinary of each county of this State to issue the call for an election for the purpose of submitting this Act to the voters of each county of this State for approval or rejection. The ordinaries shall set the date of such election for the same date as the general election to be held in 1972. The ordinaries shall issue the call for said election at least 30 days prior to the date thereof. The ordinaries shall cause the date and purpose of the election to be published once each week for two weeks immediately preceding the date thereof in the official organ of their respective counties. The ballot shall have written or printed thereon the words:

'YES ( ) Shall the Act changing the description of the State NO ( ) Flag of Georgia 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, on a statewide basis, are for approval, Section 1 of this Act shall become of full force and effect on January 1, 1973, other wise it shall be void and of no force and effect. The expense of such
election shall be borne by each county. It shall be the duty of the ordinaries 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 ordinaries to canvass the returns and declare and certify the result of the election for each of their respective counties. It shall be their further duty to certify the results thereof to the Secre tary of State. The Secretary of State shall certify the results of said election by the statewide vote on the question."

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

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

Those voting in the affirmative were Messrs.:

Alexander, W. H. Bennett, J. T. Bond Bowen Brown, S. P. Daugherty Dent

Granade Hawes Hill, B. L. Horton King Levitas Marcus

Melton Merritt Odom Russell, A. B. Thompson Townsend

WEDNESDAY, JANUARY 26, 1972

745

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alien Battle Bennett, Tom Berry Bohannon Bostick Brantley, H. H. Brantley, H. L. Brown, C. Buck Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Cook Davis, E. T. Davis, W. Dean, Gib Dean, N. Dixon Dorminy Drury Edwards Egan Evans Farrar Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Grantham Griffin Groover

Gunter Ham Harris Harrison Hays Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. E. Jordan Keyton Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Lewis Logan Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Miles Milford Miller Moore Morgan Moyer Mulherin

Mullinax Murphy Nes smith Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, W. R. Pinkston Potts Rainey Reaves Roach Rush Russell, H. P. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Thomason Toles Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Atherton Barfield

Bell Black Blackshear

Bray Brown, B. D. Burruss

746
Busbee Carr Chandler Collier Connell Dailey Dean, J. E. Ezzard Felton

JOURNAL OF THE HOUSE,

Gary Greer Hamilton Harrington Hood Jessup
Lee, W. J. (Bill) Longino Phillips, G. S.

Phillips, L. L. Pickard Poole Ross Russell, W. B. Shepherd
Sorrells Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 20, nays 139.

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

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

HB 1138. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th, Turner of the 3rd, Maxwell of the 17th, Nessmith of the 44th, and Dailey of the 53rd and others:
A Bill to be entitled an Act to amend an Act creating the Department of Public Safety and providing for the issuance, suspension, revocation and cancellation of driver's licenses, so as to provide that the Director of the Department of Public Safety shall formulate the rules and regula tions for inmates subject to the custody of the Board of Corrections; and for other purposes.

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

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 Chappell
Cheeks Clements, C. Cole
Collins, S. Colwell
Coney, G. D.
Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. 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 Griffin
Groover Ham Harris Harrison

WEDNESDAY, JANUARY 26, 1972

747

Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg 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 Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Miles Milford Morgan Moyer Mulherin Mullinax Murphy Northcutt

Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Bell Chandler Collier Collins, M. Dean, Gib Dean, J. E.

Drury Felton Gunter Hamilton Harrington Hood Howell

Jessup Johnson Lambert Lane, W. J. Logan Longino Mason

748
Merritt Miller Moore Nessmith Noble

JOURNAL OF THE HOUSE,

Oxford Pickard Poole Ross Smith, J. R.

Sorrells Stephens Townsend Vaughn 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 1123. By Messrs. Mauldin of the 12th, Moore of the 6th, Phillips of the 50th, Farrar of the 77th 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 change the provisions relative to the calculations of the amounts to be raised by local units of administration in support of the Minimum Founda tion Program of Education; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, particularly by an Act approved April 7, 1971 (Ga. Laws 1971, p. 574), 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; 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 "Minimum Foundation Program of Education Act", approved January 24, 1964 (Ga. Laws 1964, p. 3), as amended, particularly by an Act approved April 7, 1971 (Ga. Laws 1971, p. 574), is hereby amended by striking Section 22 in its entirety and inserting 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

WEDNESDAY, JANUARY 26, 1972

749

of Education. Effective for the 1972-73 school year, beginning July 1, 1972, 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 following by a percentage factor selected to pro
duce a Statewide required local effort of at least $78,500,000 but no more than $78,600,000:

(1) For a county school system, the percentage factor shall be applied to the total equalized adjusted school property tax digest of the county.

(2) For a county with independent school systems located within the county or counties, the percentage factor shall be applied to the total equalized adjusted school property tax digest of the county or counties. For the 1972-73 school year, beginning July 1, 1972, this amount shall be prorated between the systems by adding 33% per cent to the county equalized adjusted school property tax digest of all property located within the territory of the independent school systems. For the 1973-74 school year, beginning July 1, 1973, this amount shall be prorated between the systems by adding 22 2/9 percent to the county equalized adjusted school property tax digest of all property located within the territory of the inde pendent school systems. For the 1974-75 school year, beginning July 1, 1974, this amount shall be prorated between the systems by adding 11 1/9 percent to the county equalized adjusted school property tax digest of all property located within the territory of the inde pendent 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 percentage factor shall be applied 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 provisions of subsection (a) of this section shall be the amounts to 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 de ducting the total amount to be raised by all local units of admin istration 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 property tax digests. In making the calculations required by sub section (a) of this Section for the 1972-73 school year, the State Board of Education shall use the equalized adjusted school proper ty tax digests, as shown on the State Auditor's Ratio Study Report, which were available on January 1, 1972. Thereafter, the sums of the current equalized adjusted school property tax digests, as shown on the State Auditor's Ratio Study Reports, which are available on January 1 immediately preceding the beginning of a school year

750

JOURNAL OF THE HOUSE,

shall be used to make the calculations required by subsection (a) of this Section for each school year."

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. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H, L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements

Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl

Granade Grantham Griffin Groover 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.

WEDNESDAY, JANUARY 26, 1972

751

Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax

Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston 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. Snow Sorrells Stephens Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Drury Greer Gunter

Hamilton Hood Moore Poole

Smith, J. R. Smith, V. T. Strickland Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 183, nays 0.

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

HB 1323. By Mr. Larsen of the 113th:
A Bill to be entitled an Act to provide for the creation of a Georgia Scenic Trails System; and for other purposes.

The following amendment was read and adopted: Mr. Larsen of the 113th moves to amend HB 1323 as follows:

752

JOURNAL OF THE HOUSE,

By striking from Lines 11 and 12 of Page 2 the following:

"System of Scenic Trails"

and substituting in lieu thereof the following:

"Scenic Trails System";

By adding at the end of Line 25 of Page 2 the following:

", except for the powers of eminent domain";

And, by striking from Line 23 of Page 5 the following:

"mailicious"

and substituting in lieu thereof the following:

"malicious".

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

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

Those voting in the affirmative were Messrs.

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

Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carter Chance Cheeks Clements Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty

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

WEDNESDAY, JANUARY 26, 1972

753

Grahl Granade Grantham Greer Griffin Gunter Ham Harris Harrison Hawes Hays Hill, B. L. Hill, G.
Hood Horton Housley Howell Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger 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. Maxwell McCracken McDonald Melton Merritt Milford Moore Moyer Mulherin Mullinax Murphy Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Phillips, L. L. Phillips, W. R. Pinkston

Potts Rainey Roach Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Stephens Sweat Thomason Toles Townsend Triplett Tripp Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Carr Cole Collins, M. Groover Harrington Howard

Hudson, C. M. Lambert Lane, W. J. Mauldin Miles Miller

Morgan Nessmith Reaves Turner

Those not voting were Messrs.:

Adams, Marvin Bostick Chandler Chappell Floyd, J. H. Fraser Hamilton Johnson

Jordan Larsen, W. W. McDaniell
Peters Phillips, G. S. Pickard Poole Ross

Rush Russell, H. P. Smith, V. T. Sorrells Strickland Thompson Mr. Speaker

754

JOURNAL OF THE HOUSE,

On the passage of the Bill, as amended, the ayes were 156, nays 16.

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

HB 548. By Mr. Brown of the 32nd: A Bill to be entitled an Act to amend Code Section 84-907, relating to qualifications of applicants for a license to practice medicine, so as to provide that the terms "intern", "internship" or other similar terms shall include a clinical training program to be defined and approved by the Board of Medical Examiners in lieu of internship; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1120. By Mr. Thomason of the 77th:
A Bill to be entitled an Act to amend an Act prohibiting the operation of clinical laboratories in this State unless licensed, so as to change the provisions relative to exceptions and exemptions from the provisions of said Act; and for other purposes.

The following Committee amendment was read: The Health and Ecology Committee moves to amend House Bill
1120 as follows: By striking from line 28 of page 2 the following: "has",
and inserting in lieu thereof the following: "is known to have".
By striking lines 18 through 23 of page 4.

WEDNESDAY, JANUARY 26, 1972

755

By striking from line 24 of page 4 the following: "(4)",

and inserting in lieu thereof the following: "(3)".

The following amendment to the Committee amendment was read and adopted:
Mr. Egan of the 116th moves to amend the Committee amendment to HB 1120 by striking from said amendment the words: "By striking lines 18 through 23 of page 4.".

The Committee amendment, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.

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

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

Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl

756

JOURNAL OF THE HOUSE,

Granade Granthara Greer Griffin Groover Gunter 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 Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, W. R.

Pickard Pinkston Potts 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 Sweat Thomason Toles Townsend Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, G. D. Alexander, W. M. Dean, J. E. Ezzard Hamilton Lambert

Miller Murphy Phillips, L. L. Poole Rainey Rush

Stephens Strickland Thompson Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 178, nays 0.

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

WEDNESDAY, JANUARY 26, 1972

757

HR 541-1209. By Mr. Vaughn of the 74th:
A Resolution authorizing the cancellation of an easement granted to the State of Georgia in and over a certain 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 ayes were 112, nays 0.

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

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; and for other purposes.

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 Battle Bell Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. L. 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

Dailey Daugherty Davis, E. T. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Parrar Felton Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl

758

JOURNAL OF THE HOUSE,

Granade Grantham Greer Griffin Groover Ham Harrington Harrison Hawes Hood Horton Housley Howard Hudson, C. M. Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Larsen, W. W. Lee, W. J. (Bill) Leggett

Levitas Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken Melton Miles Milford Miller Morgan Moyer Mulherin Noble Northcutt Nunn Oxford Patterson Pearce Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Rainey

Reaves Ross Russell, A. B. Russell, W. B. Savage Shepherd Sherman Sims Smith, H. R. Snow Sorrells Stephens Sweat Thomason Toles Townsend Triplett Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Barfield Bennett, J. T. Bennett, Tom Evans Floyd, J. H. Gunter Harris Hays

Hudson, Ted Jessup Keyton Lane, W. J. Lee, W. S. Lewis Moore Mullinax

Murphy Nessmith Odom Peters Salem Scarborough Tripp

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Atherton Berry Brantley, H. H. Bray Buck Burruss Davis, W.

Dean, J. E. Edwards Egan Ezzard Gary Hamilton Hill, B. L. Hill, G. Howell

Larsen, G. K. Logan Matthews, D. R. McDaniell McDonald Merritt Patten Phillips, W. R. Roach

WEDNESDAY, JANUARY 26, 1972

759

Rush Russell, H. P. Shanahan

Smith, J. R. Smith, V. T. Strickland

Thompson Mr. Speaker

On the passage of the Bill, the ayes were 137, nays 23.

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

HB 1154. By Messrs. Davis of the 86th, Groover of the 27th, Marcus of the 105th and others:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to delete the provision that appeals from the Safety Fire Commissioner shall be de novo; and for other purposes.

The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend HB 1154 ,Section 29 of Section 1 on page 2, line eight (8) by striking the words "be ample to" and by adding in lieu thereof the words "reasonably", and also in Sec tion 29, of Section 1 on line 25 of page 1, by striking the word "im mediately" and inserting in lieu thereof the words "within 10 days", and on line 1 of page 2 after the word "court" add the words "within 30 days in the manner as provided under the Administrative Procedure Act",
and on line 26 of page 1 strike the word "and" as it appears after the word "Commissioner" and before the word "it."

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John
Alexander, W. H. Alien Atherton Barfield Battle

Bennett, J. T. Bennett, Tom
Berry Black Bohannon Bond Brantley, H. L.

Brown, B. D. Brown, C.
Brown, S. P. Burruss Busbee Carr Carter

760
Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Edwards Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Groover Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood

JOURNAL OF THE HOUSE,

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. Lee, W. S. Leggett Le vitas Lewis Lowrey Marcus Mason Matthews, D. R. Mauldin McDaniell McDonald Melton Miles Milford Morgan Moyer Mulherin Mullinax Murphy Nessmith Nunn Odom Oxford

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

Those voting in the negative were Messrs.

Ham

Phillips, W. R.

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M.

Bell Blackshear

Williams
Bostick Bowen

WEDNESDAY, JANUARY 26, 1972

761

Brantley, H. H. Bray
Buck Chandler Collier Dean, J. E. Dorminy Drury Ezzard Gary Grahl

Gunter Hamilton
Harrington Hudson, C. M. Larsen, W. W. Lee, W. J. (Bill) Logan Longino Matthews, C. Maxwell McCracken

Merritt Miller
Moore Noble Northcutt Phillips, G. S. Potts Rainey Smith, J. R. Strickland Mr. Speaker

On the passage of the Bill, as amended, the ayes were 153, nays 3.

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

HB 1329. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend Code Section 84-1110, relating to the refusal and revocation of certificates of registration by the Board of Examiners in Optometry, so as to change the provision relative to unprofessional conduct; and for other purposes.

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

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

Black

Bohannon

Bond

Brantley, H. L.

Bray

Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chappell Cheeks Clements Cole Collins, S. Colwell Coney, G. D.

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

762
Evans Farrar Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Granade Grantham Griffin Ham Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. 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 Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble 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 Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Sweat Thomason Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Berry Blackshear Bostick
Bowen
Brantley, H. H. Chance
Chandler
Collier Collins, M.
Dean, J. E.
Drury

Ezzard Felton Fraser Grahl Greer Groover
Gunter Hamilton
Harrington
Housley
Hudson, C. M.
Jordan Lowrey

McCracken Merritt Moore Phillips, G. S. Phillips, W. R.
Pickard Rainey
Shanahan
Shepherd Smith, J. R.
Strickland
Thompson
Mr. Speaker

WEDNESDAY, JANUARY 26, 1972

763

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

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

The following Resolution of the House was read and adopted:

HR 632. By Messrs. Smith of the 43rd, Dean of the 13th, Chappell of the 42nd, Wheeler of the 57th and many others:
A RESOLUTION
Commending Representative James D. Mason; and for other purposes.
WHEREAS, the distinguished and able representative from the 13th District has been singled out by the Jaycees as one of this State's five most outstanding young men; and
WHEREAS, this high and distinct honor is but one of several which this valued member of the House has acquired during his dedi cated service to the people of his community, county and State; and
WHEREAS, it is only befitting and proper that this body recog nize the outstanding accomplishments of Representative James D. Mason.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to Representa tive James D. Mason its most heartfelt congratulations upon his selec tion as one of Georgia's five most outstanding young men by the Jayeees.
BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Representative James D. Mason.

The following communication was received from His Excellency Governor Jimmy Carter:
OFFICE OF THE GOVERNOR ATLANTA 30334
January 25, 1972
The Honorable George L. Smith, II Speaker, House of Representatives State Capitol Atlanta, Georgia 30334
Dear Speaker Smith:
I respectfully suggest that the Georgia House of Representatives and the Georgia Senate recess from February 4, 1972 to February 21,

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JOURNAL OF THE HOUSE,

1972. This recess would insure ample time for the Appropriations Com mittees to give full consideration to the budget for FY 1973 and would guarantee that action on other matters vital to the people of our state could be taken between February 21 and the end of the time allotted for this session.

This same suggestion is today being made to Lt. Governor Maddox and the members of the Georgia Senate.

Sincerely, /s/ Jimmy Carter

JC/jpc

The Speaker announced the House recessed until 5:00 o'clock, P. M.

The Speaker called the House to order.

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1308. Do Pass, as Amended.
Respectfully submitted, Snow of the 1st, Chairman.

Mr. Busbee of the 61st District, Chairman of the Committee on Rules, submitted the following report:
Mr. Speaker:
Your Committee on Rules has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1372. Do Pass, by Substitute.
Respectfully submitted, Busbee of the 61st, Chairman.

WEDNESDAY, JANUARY 26, 1972

765

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 Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1181. Do Pass.
SB 200. Do Pass, as Amended.
SB 201. Do Pass, as Amended.
SB 199. Do Pass, by Substitute.
HB 1139. Do Pass,'by Substitute.

Respectfully submitted, Roach of the 10th, 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 has instructed me to report the same back to the House with the following recommendations:
HR 606-1421. Do Pass, as Amended. HR 609-1425. Do Pass. HB 1246. Do Pass. HB 1418. Do Pass. HB 1419. Do Pass. HB 1422. Do Pass. HB 1426. Do Pass. HB 1428. Do Pass.
Respectfully submitted, Levitas of the 77th, Chairman.

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JOURNAL OF THE HOUSE,

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

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the follow ing Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HB

324. Do Pass, by Substitute.

HB

450. Do Pass.

HB

666. Do Pass.

HB 1121. Do Pass.

HB 1122. Do Pass, as Amended.

HB 1354. Do Pass.

HB 1368. Do Pass, by Substitute.

HB 1471. Do Pass.

HR 123-324. Do Pass, by Substitute.

HR 548-1247. Do Pass.

Respectfully submitted, Melton of the 32nd, Chairman.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

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

THURSDAY, JANUARY 27, 1972

767

Representative Hall, Atlanta, Georgia Thursday, January 27, 1972

The House met pursuant to adjournment at 10:00 o'clock, A.M., this day and was called to order by the Speaker.
The following prayer was offered by Rev. Orman P. Sloat, Pastor, First United Methodist Church, Swainsboro, Georgia:
Heavenly Father, we Americans have enjoyed something that many in other lands have never known--freedom. May we never lose this precious heritage to any kind of totalitarianism--kinds we might term either "right" or "left". Let our great state, through the leadership of its elected representatives and officials, lead the way in making certain we continue as a land of liberty. May we nip in the bud some things we've seen at the national level that might lead us away from our freedoms. Let America continue to be the bulwark of freedom in the world.
Bless those men and women at their work today--and every day. Good men, Christian men have responsibilities to their government-- as Jesus pointed out so clearly in the scripture we read. So let us render unto Caesar every bit of talent, time, and effort that he deserves--but also remember that we owe to You everything that rightfully belongs to you. We pray for insight to know what our duties and privileges are.
Thank You for that song we used to sing as our national anthem, Lord. May I use it now as I conclude this prayer--and Lord, may every one in these chambers echo its message:
My country, 'tis of thee, Sweet land of liberty, Of Thee I sing:
Land where my fathers died, Land of the pilgrims' pride, From every mountain side--Let freedom ring!
My native country thee, Land of the noble, free, Thy name I love:
I love thy rocks and rills, Thy woods and templed hills: My heart with rapture thrills--Like that above.
Let music swell the breeze, And ring from all the trees Sweet freedom's song:
Let mortal tongues awake; Let all that breathe partake; Let rocks their silence break,--The sound prolong.
Our fathers' God! to Thee, Author of Liberty, To Thee we sing:
Long may our land be bright With freedom's holy light; Protect us by Thy might,--Great God, our King!
AMEN.

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JOURNAL OF THE HOUSE,

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

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

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

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

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

HB 1465. By Mr. Carter of the 64th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nashville, so as to provide that candidates seeking elec tion as aldermen shall seek election only to designated posts; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 1466. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act creating the State Com mission on Compensation, so as to provide for additional information to be included in reports issued by the Commission; and for other purposes.
Referred to the Committee on Retirement.

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769

HR 627-1466. By Mr. Egan of the 116th:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the number and the apportionment of the members of the Senate and House of Representatives; and for other purposes.
Referred to the Committee on Legislative and Congressional Reapportionment.

HB 1467. By Messrs. Pinkston, Evans, Brown, Scarborough and Bennett of the 81st, Coney of the 82nd, Miller of the 83rd and Groover of the 27th: A Bill to be entitled an Act to consolidate the governments of the City of Macon and Bibb County; to create a new political subdivision to be known as "Macon-Bibb County, Georgia"; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.
HB 1468. By Messrs. Mullinax, Ware, Knight and Potts of the 30th: A Bill to be entitled an Act to authorize officials of certain cities to appoint as peace officers, persons who are citizens of an adjoining state; to provide for qualifications; and for other purposes.
Referred to the Committee on State Planning and Community Affairs:-- Local Legislation.
HB 1469. By Messrs. Reaves and Bennett of the 71st: A Bill to be entitled an Act to amend an Act placing the Sheriff of Brooks County on a salary basis, so as to change the provisions relative to the compensation of the chief deputy sheriff; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 1470. By Mr. Felton of the 95th:
A Bill to be entitled an Act to amend an Act providing for the education and rehabilitation of children of public school age who have handicaps for which there are no facilities for education or rehabilitation in Geor gia, so as to provide that the funds necessary to carry out said Act shall come from funds appropriated to the Board of Education; and for other purposes.
Referred to the Committee on Appropriations.

HB 1472. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to be entitled an Act to amend an Act creating the Board of

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JOURNAL OF THE HOUSE,

Commissioners of Clayton County, so as to change the membership of the Board of Commissioners of Clayton County; to change the method of electing county commissioners; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 1473. By Mr. Wood of the llth:
A Bill to be entitled an Act to amend Code Section 56-801b, relating to the definition of certain terms and, in particular, the term "agent", so as to provide that an agent or agency may become in his individual character the agent of an insured or an applicant for insurance to ob tain and/or maintain agreed insurance coverages; and for other pur poses.
Referred to the Committee on Insurance.

HB 1474. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to authorize counties to levy a tax for pub lic health and sanitation purposes, including water pollution control projects, sewage treatment facilities, storm and sanitary sewer facili ties, and water facilities; and for other purposes.
Referred to the Committee on State Planning and Community Affairs.

HB 1475. By Messrs. Pearce and Buck of the 84th, Berry and Thompson of the 85th, King and Davis of the 86th:
A Bill to be entitled an Act to amend the "Fire Fighter's Mediation Act", so as to repeal the provisions exempting consolidated city-county govern ments from the provisions of this Act; and for other purposes.
Referred to the Committee on State Planning and Community Affairs.

HB 1476. By Mr. Coney of the 118th:
A Bill to be entitled an Act to amend Code Chapter 92-69, relating to County Boards of tax assessors, powers and duties, so as to change the provisions relative to the compensation of members of county boards of tax assessors and the secretary thereof; and for other purposes.
Referred to the Committee on Retirement.

HR 628-1476. By Messrs. Wilson, Atherton, Housley, Burruss and Howard of the 117th:
A Resolution authorizing the lease of certain tracts of State owned property located in Cobb County; and for other purposes.
Referred to the Committee on State Institutions and Property.

THURSDAY, JANUARY 27, 1972

771

HR 629-1476. By Messrs. Levitas of the 77th and Pickard of the 84th:
A Resolution proposing an amendment to the Constitution so as to change the name of the Department of Industry and Trade to the Department of Community Development; and for other purposes.
Referred to the Committee on Industry.

HR 630-1476. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A Resolution approving certain maps supplementary to those original maps filed in the State Properties Control Commission Office for identi fication purposes, as being referred to in that certain lease of the West ern and Atlantic Railroad by the State to the Louisville and Nashville Railroad Company dated March 4, 1968; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 631-1476. By Mr. Davis of the 75th:
A Resolution compensating Mr. and Mrs. Lewis 3. Burnett; and for other purposes.
Referred to the Committee on Appropriations.

HB 1477. By Mr. Smith of the 39th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by certain owners and operators of certain motor vehicles, so as to raise the amount of damage to a motor vehicle which must be incurred before the provisions of said Act apply; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1478. By Mr. Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the organization of the Headquarters Staff of the Uniform Division of the Department of Public Safety; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1479. By Mr. Horton of the 95th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning com missions, so as to authorize planning commissions to enter into agree ments with political subdivisions and planning commissions, by what ever name known in adjacent states; and for other purposes.
Referred to the Committee on State Planning and Community Affairs.

772

JOURNAL OF THE HOUSE,

HB 1480. By Messrs. Busbee, Odom, Lee and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to change the requirements and qualifica tions of the General Manager, Assistant General Manager, and Super intendent of the Water, Gas and Light Commission; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 1481. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act so as to provide that the manner of making appointments to the Albany-Dougherty Hospital Au thority may be changed from time to time by joint resolution of the board of commissioners of Albany and the Board of Commissioners of Dougherty County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-- Local Legislation.

HB 1482. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia relating to insurance, so as to authorize the purchase of insurance from unauthorized insurers by nuclear insureds who pay the appropriate premium tax thereon to the Commissioner of Insurance; and for other purposes.
Referred to the Committee on Insurance.

HB 1483. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to provide that in certain counties the local tax officials shall cease receiving tax returns on the first day of March; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1484. By Mr. Jessup of the 49th:
A Bill to be entitled an Act to amend an Act providing for the classifica tion of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes and providing for the dif ferent rate method of assessment and manner of collecting said taxes, so as to provide for a maximum valuation on historical vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

THURSDAY, JANUARY 27, 1972

773

HB 1485. By Messrs. Stephens of the 103rd, Battle of the 90th, Alexander of the 96th, Griffin of the 68th, Lane of the 101st, Adams of the 100th, Shepherd of the 107th, Jones of the 4th, Nunn of the 41st, Dean of the 76th and others:
A Bill to be entitled an Act to amend Code Section 114-401, relating to the period of incapacity, so as to eliminate the seven-day waiting period following incapacity resulting from an injury before compensa tion is payable; and for other purposes.
Referred to the Committee on Industrial Relations.

HR 633-1485. By Mr. Snow of the 1st:
A Resolution proposing an amendment to the Constitution so as to confer the authority to grant corporate powers and privileges to private companies to the Secretary of State; and for other purposes.
Referred to the Committee on Judiciary.

HR 634-1485. By Mr. Collier of the 54th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Lee County, to levy, assess and collect license fees and occupational taxes on firms and corporations doing business outside the incorporated municipalities, except busi nesses which are subject to regulation by the State Public Service Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1486. By Messrs. Knight of the 30th, Roach of the 10th, Snow of the 1st, Bray of the 31st and Dean of the 13th:
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 accusations, so as to provide for accusations in certain misdemeanor cases; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1487. By Messrs. Knight of the 30th, Roach of the 10th, Snow of the 1st, Bray of the 31st and Dean of the 13th:
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 accusations, so as to provide that defendants accused of capital felonies may be tried upon an accusation his right to indictment by a grand jury; and for other purposes.
Referred to the Committee on Special Judiciary.

774

JOURNAL OF THE HOUSE,

HB 1488. By Messrs. Groover of the 27th, Cole of the 3rd, Hudson of the 28th, Turner of the 3rd, Wheeler of the 57th and Harrison of the 58th:
A Bill to be entitled an Act to provide that the State shall assist certain counties of this State with the delineation of boundary lines of the House and Senate districts and the compilation and preparation of voters' lists necessitated by the reapportionment of the General Assembly based upon the U. S. Decennial Census of 1970; and for other purposes.
Referred to the Committee on State of Republic.

HR 635-1488. By Messrs. Chandler of the 34th, Dailey of the 53rd, Black of the 45th, Roach of the 10th, Potts of the 30th, Jones of the 87th and Harri son of the 58th.
A Resolution proposing an amendment to the Constitution so as to abolish the State Board of Corrections; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 636-1488. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Newnan and its Board of Water, Sewerage and Light Commission to combine and operate the water and sewerage system and electric system as one revenue and to issue revenue bonds for extending or improving said facility; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HR 637-1488. By Messrs. Knight, Mullinax and Ware of the 30th:
A Resolution proposing an amendment to the Constitution so as to authorize counties to develop storm water and sewage collection and disposal systems, and to provide for the development, storage, treat ment, purification and distribution of water; and for other purposes.
Referred to the Committee on State Planning & Community Affairs.

HB 1489. By Mr. Fraser of the 59th:
A Bill to be entitled an Act to amend Code Section 13-2015, pertaining to limitations on loans on real estate by banks, so as to provide that banks may make loans on real estate held as investments; and for other purposes.
Referred to the Committee on Banks and Banking.

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

THURSDAY, JANUARY 27, 1972

775

HB 1443. By Messrs. Reaves of the 71st and Collins of the 62nd:
A Bill to be entitled an Act to provide that all food service establish ments shall display certain information on menus concerning meat products imported from a foreign country; and for other purposes.

HB 1444. By Messrs. Reaves of the 71st and Collins of the 62nd:
A Bill to be entitled an Act to require all meat or meat food products manufactured or sold in this State to bear labels disclosing certain information; and for other purposes.

HB 1445. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Macon County, so as to reduce the size of said Board of Commissioners from five members to three members; and for other purposes.

HB 1446. By Messrs. Collins of the 62nd and Matthews of the 63rd:
A Bill to be entitled an Act relating to Tobacco Boards of Trade, so as to authorize the organization of a nonstock corporation or voluntary association empowered to exercise on a statewide basis, with respect to tobacco markets, the powers and duties possessed by Tobacco Boards of Trade; to provide membership fees; and for other purposes.

HR 619-1446. By Messrs. Groover of the 27th, Smith of the 43rd, Busbee of the 61st, Ployd of the 7th, Salem of the 51st, Murphy of the 19th, Lane of the 44th, Phillips of the 50th and others:
A Resolution creating an interim study committee on State Programs; and for other purposes.

HB 1447. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to repeal an Act creating the State Court of Chattooga County, so as to provide for the disposition of all suits, cases, papers, processes, books, indexes, and all other matters and materials of said court; and for other purposes.

HB 1448. By Messrs. Alexander of the 108th, Adams of the 100th, Lane of the 101st, Savage of the 104th, Daugherty of the 109th, Stephens of the 103rd and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph I, of Section VII, of Article VI of the Constitution, so as to provide that the defendant shall serve and file his answer within 30

776

JOURNAL OF THE HOUSE,

days after the service of the summons and complaint upon him; and for other purposes.

HB 1449. By Messrs. Coney of the 118th, Thomason of the 77th, Clements of the 1st, King of the 86th, Gunter of the 6th, Snow of the 1st and Pelton of the 95th:
A Bill to be entitled an Act to repeal Code Title 76, relating to peace warrants and behavior bonds, in its entirety; and for other purposes.

HB 1450. By Messrs. Levitas of the 77th, Snow of the 1st, Lee of the 61st, Russell of the 77th, Nunn of the 41st, Egan of the 116th, Coney of the 118th, and others:
A Bill to be entitled an Act to provide to the State a limited right to appeal certain orders, decisions and judgments in criminal cases; and for other purposes.

HB 1451. By Messrs. Levitas of the 77th, Stiow of the 1st, Roach of the 10th, Lee of the 61st, Nunn of the 41st, Egan of the 116th, Howard of the 117th, Felton of the 95th and others:
A Bill to be entitled an Act to amend Code Section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party, so as to abolish the right of the accused in criminal trials to make an unsworn statement; and for other purposes.

HB 1452. By Messrs, Bennett of the 81st, Gunter of the 6th, Coney of the 118th, King of the 86th, Clements of the 1st, Thomason of the 77th and Felton of the 95th:
A Bill to be entitled an Act to amend Code Section 24-3101, relating to the appointment, removal, oath of office and duties of court reporters, so as to provide that judges of the superior courts shall have the power to appoint additional court reporters; and for other purposes.

HB 1453. By Messrs. Ham of the 33rd, Brantley of the 52nd, Coney of the 82nd, Evans and Brown of the 81st and others:
A Bill to be entitled an Act to provide for a presidential preference election; to provide the procedure for the placing of names upon the ballot; and for other purposes.

HB 1454. By Mr. Isenberg of the 67th:
A Bill to be entitled an Act to amend the Code of Georgia, so as to change the method of service of garnishment proceedings upon a corporation when the agent of the corporation in charge of the office

THURSDAY, JANUARY 27, 1972

777

or business of the corporation is the defendant in the proceedings upon which the garnishment was based; and for other purposes.

HR 620-1454. By Messrs. Lee of the 61st, Snow of the 1st, Gunter of the 6th, Coney of the 118th, King of the 86th, Thomason of the 77th, Clements of the 1st and Pelton of the 95th:
A Resolution creating the Judicial Circuit Study Committee; and for other purposes.

HR 621-1454. By Messrs. Lee of the 61st, Snow of the 1st, Roach of the 10th, Nunn of the 41st, Gunter of the 6th, Coney of the 118th, King of the 86th, Clements of the 1st, Russell of the 77th, Bennett of the 81st and Felton of the 95th:
A Resolution proposing an amendment to the Constitution so as to provide that the venue of all cases shall be as provided by law; and for other purposes.
HR 622-1454. By Messrs. Lee of the 61st, Snow of the 1st, Roach of the 10th, Nunn of the 41st, Gunter of the 6th, Coney of the 118th, King of the 86th, Clements of the 1st, Bray of the 31st, Russell of the 77th, Bennett of the 81st and Felton of the 95th:
A Resolution proposing an amendment to the Constitution so as to provide that all courts of the State shall be a part of one unified judicial system; and for other purposes.
HB 1455. By Messrs. Snow of the 1st, Coney of the 118th, Nunn of the 41st, Roach of the 10th, Bennett of the 71st, Lambert of the 25th, Lee of the 61st, Gunter of the 6th, and others:
A Bill to be entitled an Act to amend Code Title 27, relating to criminal procedure, and to amend an Act repealing an Act providing for indeterminate sentences, so as to provide that on the trial of all criminal cases the jury shall give a general verdict of "guilty" or "not guilty", and upon a verdict of guilty the judge shall fix the sentence; and for other purposes.
HB 1456. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to be entitled an Act to provide for a different manner of elect ing members of the Board of Education of Schley County; to provide for education districts; and for other purposes.
HB 1457. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, so as to change the population classification; and for other purposes.

778

JOURNAL OF THE HOUSE,

HB 1458. By Mr. Oxford and Mrs. Merritt of the 46th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, so as to change the provisions of the Board of Commissioners; and for other purposes.

HB 1459. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ocilla, so as to change the method of filling vacancies in the office of mayor and aldermen; and for other purposes.

HR 623-1459. By Messrs. Clements, Snow and Hays of the 1st: A Resolution compensating Mr. Alvin J. Burns; and for other purposes.

HR 624-1459. By Messrs. Clements, Hays and Snow of the 1st: A Resolution compensating Mrs. Virginia Gray; and for other purposes.

HB 1460. By Messrs. Lee, Hutchinson, Busbee and Odom 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 provisions relating to the election of councilmen of said city; and for other purposes.

HB 1461. By Messrs. Grahl of the 40th, Harris of the 10th, Housley of the 117th and Collins of the 62nd:
A Bill to be entitled an Act to amend the "Minimum Foundation Pro gram of Education Act", so as to provide that the State Board of Education shall secure combined bids for the needs of local units of administration for bus bodies; and for other purposes.

HB 1462. By Mr. Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act creating the State Board of Registration for Used Car Dealers and providing for the licensing and regulation of used car dealers, so as to provide that used car deal ers shall maintain a record of the mileage appearing on the odometer of every vehicle upon the date of its acquisition as well as disposition; and for other purposes.

HR 625-1462. By Messrs. Wilson and Atherton of the 117th: A Resolution proposing an amendment to the Constitution so as to create

THURSDAY, JANUARY 27, 1972

779

the City of Marietta Parking Authority; to provide for the powers, authority and duties of such Authority; and for other purposes.

HB 1463. By Messrs. Smith of the 39th and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide for the removal and storage at the owner's expense of unauthorized vehicles found in private parking areas; to provide for a lien for the expense thereof," so as to provide for notification of the owner; and for other purposes.

HR 626-1463. By Messrs. Ware, Mullinax, Knight and Potts of the 30th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Troup County to assess and collect license fees and taxes from all persons, firms and corporations main taining a place of business in said county outside the corporate limits of municipalities located therein; and for other purposes.

HB 1464. By Messrs. Brown of the 81st, Roach of the 10th and Snow of the 1st:
A Bill to be entitled an Act to repeal an Act repealing Section 59-705 of the Code in its entirety; to repeal an Act repealing in its entirety Section 59-7 relating to general provisions relative to traverse juries, so as to provide for the challenge of jurors for favor; and for other purposes.

SB 11. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 74-104, relating to the age of majority, so as to change the age of majority; and for other purposes.

SB 359. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Section 26-2306, relating to officers or employees selling to governments or political subdivisions, so as to provide for exceptions from the prohibitions against local government officers or employees selling to political subdivisions; and for other purposes.

SB 376. By Senator Webb of the llth:
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 accusations, so as to provide for accusations in certain misdemeanor cases; and for other purposes.

780

JOURNAL OF THE HOUSE,

SB 382. By Senators Smith of the 18th, Ballard of the 45th, Starr of the 44th 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 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.

SB 387. By Senator Broun of the 46th:
A Bill to be entitled an Act to require the drivers of all trucks using the public streets and highways of this State to use the lane farthest to the right on multiple lane streets and highways; and for other pur poses.

SR 207. By Senators Riley of the 1st, Lester of the 23rd, Coggin of the 35th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of hospitals no portion of the net profit from the operation of which can inure to the benefit of any private person; and for other purposes.

SR 217. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to provide for a Judicial Qualifications Commission; and for other pur poses.

HB 1471. By Mr. Hawes 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 that dealers shall remit on or before the 20th day of the month 50% of the estimated tax liability when said liability exceeds $500.00; and for other purposes.

Mr. Floyd of the 7th District, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 533-1205. Do Pass.

THURSDAY, JANUARY 27, 1972

781

HR 602-1411. Do Pass.

Respectfully submitted, Floyd of the 7th, Chairman.

Mr. Melton of the 32nd District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the follow ing Bill of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1214. Do Pass, by Substitute.
Respectfully submitted, Melton of the 32nd, Chairman.

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

HB 1217. By Messrs. Gaynor of the 88th, Gignilliat of the 89th, Hill of the 94th, Triplett of the 93rd, Jones of the 87th, Alien of the 92nd and Battle of the 90th: A Bill to be entitled an Act to amend Code Section 24-2714, relating to the duties of the clerks of the superior court, as amended, so as to pro vide that instruments evidencing the title to real property may be re corded on microfilm provided the proper indices and adequate material are maintained; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1246. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to be entitled an Act to amend an Act creating a system of

782

JOURNAL OF THE HOUSE,

pensions and retirement pay for officers, deputies and employees of Clayton County and the Clayton County Water Authority, so as to extend coverage to County officers; and for other purposes.

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

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

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

HB 1418. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Tattnall County, as amended, so as to provide for the election of the chairman of the board of commissioners by the electors of Tattnall 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 1419. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the sheriff of Tattnall County and providing in lieu thereof an annual salary, as amended, so as to change the compensa tion of the sheriff's deputies; and for other purposes.

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

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

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

THURSDAY, JANUARY 27, 1972

783

HB 1422. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to merge the Independent School System of the City of Americus and the Sumter County School System into one new School 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 110, nays 0.

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

HB 1426. By Messrs. Snow, Hays and Clements of the 1st:
A Bill to be entitled an Act to create the Kensington Water and Sewer Authority; and for other purposes.

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

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

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

HB 1428. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to abolish the present mode of compensating the tax commissioner of Burke County; and for other purposes.

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

784

JOURNAL OF THE HOUSE,

HR 606-1421. By Mr. Shanahan of the 8th:

A RESOLUTION

Proposing an amendment to the Constitution so as to create the Gordon County School System by merging the independent school system of the City of Calhoun and the County of Gordon County School System into one school district; to create a Board of Education of said system; to provide for a School Superintendent of said system; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VIII, Section V, Paragraph I of the Constitution is hereby amended by adding to the end thereof, the following:

"Effective at the time and the manner provided hereinafter there
is hereby created the Gordon County School System by merging the independent school system of the City of Calhoun and the existing school district in the County of Gordon outside the corporate limits of the City of Calhoun. The Gordon County School System shall be one school district and shall encompass the territorial limits of Gordon County as the same may now or hereinafter exist or be de fined. The Gordon County School System shall be subject to all constitutional and statutory provisions relative to county school districts and county school systems unless such provisions are in conflict with this amendment or laws enacted pursuant to the au thority of said amendment.

There is hereby created a Board of Education of the Gordon County School System and said school system shall be confined to the control and management of said Board of Education. Said Board of Education shall be composed of nine members who shall
reside in militia districts and be elected as hereinafter provided. For the purpose of electing members of the Board, there shall be nine board posts which shall be numbered consecutively as Board Posts.
1 through 9.

The candidate for Post No. 1 shall reside within Militia Dis trict No. 1055 (Plainville) or Militia District No. 1064 (Oostanaula) or Militia District No. 1054 (Sugar Valley).

The candidate for Post No. 2 shall reside within Militia District No. 1595 (Hill City) or Militia District No. 980 (Resaca).

The candidate for Post No. 3 shall reside within Militia District No. 973 (Red Bud) or Militia District No. 1063 (Pine Chapel).

The candidate for Post No. 4 shall reside within Militia District No. 849 (Calhoun), exclusive of the City of Calhoun.

THURSDAY, JANUARY 27, 1972

785

The candidate for Post No. 5 shall reside within Militia Dis trict No. 856 (Lilly Pond) or Militia District No. 1056 (Sonoraville).

The candidate for Post No. 6 shall reside within Militia District No. 814 (Fairmount) or Militia District No. 1057 (Ranger) or Militia District No. 1235 (Oakman).

The candidate for Post No. 7 shall reside within the corporate limits of the City of Calhoun.

The candidate for Post No. 8 shall reside within the corporate limits of the City of Calhoun.

The candidate for Post No. 9 may reside in any of the above Militia Districts or within the corporate limits of the City of Calhoun.

Any person desiring to run for the Board shall designate the Board post for which he is offering. All members of the Board shall be elected by the voters of the entire county by receiving a majority of the votes cast for the Board post for which he offered at the election hereinafter provided.

It shall be the duty of the Ordinary of Gordon County to issue the call for an election for the purpose of electing the members of the new Board of Education of the Gordon County School Sys tem as provided herein. The Ordinary shall set the date of such election for Wednesday, April 11, 1973. 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 Gordon County. The expense of such election shall be borne by Gordon 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.

The nine members of the Board of Education of Gordon County shall be elected for terms as hereinafter provided. The five mem bers elected for Board Posts 1, 3, 5, 7 and 9 shall be elected for an initial term of three years and seven months and until their succes sors are duly elected and qualified. The four members elected to Board Posts 2, 4, 6 and 8 shall be elected for initial terms of one year and seven months and until their successors are duly elected and qualified. All members elected at said election conducted on Wednesday, April 11, 1973, shall take office on June 1, 1973. There after, all members shall be elected at the general election immediate ly preceding the expiration of the respective terms of office for terms of four years and until their successors are duly elected and qualified, and shall take office on the first day of January im mediately following their election.
In the event a vacancy occurs on the Board of Education for any reason other than the expiration of the term of office, the re-

786

JOURNAL OF THE HOUSE,

maining members of said Board shall elect a person from the va cating member's militia district or districts who shall serve the unexpired term.

In the event a member moves his residence from the area he represents, a vacancy shall exist in such area and shall be filled in the same manner as other vacancies are filled.

At the Board's first meeting following the taking of office of newly elected members, the members of the Board shall elect by a majority vote, one of their number to serve as chairman for one year and until the subsequent election of a chairman in the same manner as provided above. A member shall be eligible to succeed himself as a member of the Board and also as chairman of the Board. Each Board member shall receive such compensation as is provided in Code Section 32-904, as now or hereafter amended.

The independent school system of the City of Calhoun and the Board of Education thereof and the existing school district in the County of Gordon outside the corporate limits of the City of Calhoun and the Board of Education thereof shall continue to exist until July 1, 1973, at which time said school systems and the Boards of Education thereof shall stand abolished. On July 1, 1973, the Gordon County School System and the Board of Education thereof herein created, shall come into existence and shall become the successors to such abolished school systems and Boards of Education and shall be subject to all constitutional and statutory provisions relative to County Boards of Education, unless such provisions are in con flict with the provisions of this amendment or laws enacted pur suant to the authority of said amendment.

There is hereby established within and for the Gordon County School System the Office of School Superintendent of the Gordon County School System and a School Superintendent of the Gordon County School System.
The School Superintendent of the Gordon County School System shall be appointed by the newly created Board of Education of the Gordon County School System. A majority of said Board shall be necessary for the appointment of said School Superintendent. The School Superintendent shall be appointed for a term of one or more years and he shall receive such salary and other compensation as may be fixed by the Board of Education. The School Superintendent shall assume office on July 1, 1973. Said School Superintendent shall be subject to all constitutional and statutory provisions relative to County School Superintendent unless such provisions are in conflict with the provisions of this amendment or laws enacted pursuant to the authority of this amendment. Any legal requirement as to local residence shall not be applicable. In the case of a vacancy in the office of School Superintendent of the Gordon County School Sys tem for any reason, the Board of Education of the Gordon County School System shall appoint a successor School Superintendent for the unexpired term.

The Gordon County School District shall constitute a political

THURSDAY, JANUARY 27, 1972

787

subdivision of the State of Georgia, which shall be separate and distinct from its political entities of the City of Calhoun and the County of Gordon. Said school district is authorized to incur
bonded indebtedness for the purpose of constructing, repairing and improving the necessary school buildings of the district and for the purpose of acquiring the necessary property therefor.

The governing authority of Gordon County is hereby authorized to levy a tax on all taxable property in Gordon County for the sup port and maintenance of education within the limitations and as provided in Article VIII, Section XII, Paragraph I of the Constitu tion as now or hereafter amended, and said governing authority shall be governed by provisions for removing or increasing the limitations therein provided. The governing authority shall levy the amount of taxes designated by the Board of Education of the Gordon County School System. The Board of Education of the new Gordon County School System shall set the tax millage for the calendar year 1973.

On the date provided for herein for the new system to come into existence, all property and facilities and all assets of the two merged systems needed for school purposes shall become the proper ty, facilities and assets of the Gordon County School System.

The governing authorities of the City of Calhoun and of Gordon County and the Board of Education of the two school sys tems merged herein and the Board of Education of the new Gordon County School System are hereby authorized and directed to execute such instruments and to perform such duties as are necessary to effectuate and implement the provisions herein. The Gordon County School System shall assume the contracts, payment of debts, bonded indebtedness and all other obligations of the independent school system of the City of Calhoun and the school district in the County of Gordon outside the corporate limits of the City of Calhoun exist ing on the date the Gordon County School System and the Board of Education thereof shall come into existence. Even though the existing independent school system of the City of Calhoun and the existing school district of the County of Gordon outside the corporate limits of the City of Calhoun and their respective Boards of Education and School Superintendents shall cease to exist on July 1, 1973, the re spective taxes levied for the support and maintenance of said sys tems for the remaining one-half of the calendar year 1973 shall be levied, collected and turned over to the Gordon County School Sys tem for its use in providing for a system of education as provided herein. Fifty percent of the budget for the previous school year of the existing independent school system of Calhoun which is the 197273 budget shall be turned over to the new Gordon County School System on a monthly basis from July 1 until December 31, 1973.

Authority is hereby granted to the governing authority of Gordon County to maintain the school system herein provided and to support the same. Said school system may add thereto, maintain and support, acquire, construct and equip real property, buildings and facilities for education beyond the twelfth (12th) grade and shall be authorized to maintain, support and add thereto voca-

788

JOURNAL OF THE HOUSE,

tional schools and colleges. The General Assembly shall be au thorized to provide by law that the governing authority of any municipality in Gordon County and the governing authority of Gordon County shall be authorized to appropriate money from their general funds to the Board of Education of the Gordon County School System.

The Board of Education of the Gordon County School System shall be authorized to meet on as many days as it may deem neces sary from June 15 ,1973, until July 1, 1973, for the purposes of electing a Chairman of said Board and a Superintendent of Schools for the new Gordon County School System, and to effectuate an orderly transition of the independent school system of the City of Calhoun and the existing school district of the County of Gordon outside the corporate limits of the City of Calhoun into the Gordon County School System created herein. The first meeting of the Gordon County School System shall be called by the School Superin tendent of the existing school district of the County of Gordon outside the corporate limits of the City of Calhoun.

The General Assembly is hereby authorized to provide by law for all matters relative to the Gordon County School System, the Board of Education thereof and the School Superintendent thereof. The General Assembly is further authorized to repeal, amend, modify or change any laws enacted pursuant to this amendment. The authority herein granted to the General Assembly shall exist notwithstanding any other provisions of this Constitution or any general or special laws of the State of Georgia."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the Gordon County School System by merging the inde-
NO ( ) pendent school system of the City of Calhoun and the county school system of Gordon County into one school district; to create a Board of Education of said Sys tem and to provide for a School Superintendent of said System?"

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

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

The following Committee amendment was read and adopted:

THURSDAY, JANUARY 27, 1972

789

The Committee on State Planning and Community Affairs moves to amend HR 606-1421 as follows:

By striking the figures "1972-73" on line 21 on page 7 and insert ing in lieu thereof the figures "1973-74".

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. Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Can-
Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S.

Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Groover Gunter 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 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, D. R. Mauldin Maxwell

790
McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Odom
Oxford
Patterson
Patten
Pearce

JOURNAL OP THE HOUSE,

Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Rainey Reaves 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 Stephens Strickland Sweat Thompson Toles Townsend Triplett Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Alien Brown, B. D. Cook Farrar Greer Hamilton Hill, B. L. Howell

Lee, W. J. (Bill) Levitas Longino Matthews, C. McDonald Murphy Northcutt Phillips, L. L.

Pickard Russell, W. B. Savage Sorrells Thomason Vaughn Wamble Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 171, nays 0.

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

HR 609-1425. By Mrs. Merritt and Mr. Oxford of the 46th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the merger of the Independent School System of the City of Americus and the existing Sumter County School System into one system, coextensive with the limits of Sumter County; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

THURSDAY, JANUARY 27, 1972

791

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:

Section 1. Article VIII, Section V, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following paragraph:

"The General Assembly shall be authorized to provide by law for the merger of the Independent School System of the City of Americus and the existing Sumter County School System into one system, coextensive with the limits of Sumter County, to be known as the 'Sumter County School System'. The General Assembly shall be authorized to provide for all matters relative thereto, in cluding the abolishment of the boards of education of the merged systems, their officials, officers and employees, and to provide for a new Board of Education for the Sumter County School System and for the appointment of a Superintendent of Education for said system. The General Assembly shall further be authorized to provide for the powers, duties and responsibilities of said new Board of Education and may provide for any matter relative to the admin istration of said system. Upon the effective date of the merger, the assets, liabilities and obligations of the merged systems shall be assumed by and shall become the assets, liabilities and obligations of the Sumter County School System."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for the merger
NO ( ) of the Independent School System of the City of Americus and the existing Sumter County School
System into one system, coextensive with the limits of Sumter County?"

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

If such amendment shall be ratified as provided in said Paragraph of the Constitution, tt 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:

792

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon
Dorminy
Drury
Edwards

Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Groover Gunter 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 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, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Rainey Reaves 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 Stephens Strickland Sweat Thompson Toles
Townsend
Triplett
Tripp

THURSDAY, JANUARY 27, 1972

793

Turner Ware Wheeler, Bobby

Wheeler, J. A. Whitmire Williams

Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alien Brown, B. D. Cook Farrar Greer Hamilton Hill, B. L. Howell

Lee, W. J. (Bill) Levitas Longino Matthews, C. McDonald Murphy Northcutt Phillips, L. L.

Pickard Russell, W. B. Savage Sorrells Thomason Vaughn Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 171, nays 0.

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

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

HB 467. By Messrs. Leggett of the 67th, Drury of the 66th, Matthews and Patten of the 63rd:
A Bill to amend Code Title 42, relating to Food and Drugs, so as to comprehensively revise the laws relating to the registration and label ing of commercial feeds and customer formula feeds, the withdrawal, condemnation and confiscation of commercial feeds and the adultera tion and misbranding of commercial feeds; and for other purposes.

HB 1148. By Messrs. Snow, Hays and Clements of the 1st:
A Bill to amend an Act incorporating the City of Lookout Mountain, so as to regulate the imposition and collection of a garbage service charge by said city; to strike entirely the section relating to the opera tion of a service station; and for other purposes.

794

JOURNAL OF THE HOUSE,

HB 1149. By Messrs. Snow, Hays and Clements of the 1st:
A Bill to amend an Act placing the Sheriff of Walker County upon an annual salary, so as to change the provisions relating to the compensa tion of said officer; and for other purposes.

HB 1177. By Messrs. Wheeler of the 57th, Collins of the 62nd, Reaves of the 71st and others:
A Bill to amend an Act, relating to the sale of flue-cured leaf tobacco in this State, so as to authorize the Commissioner of Agriculture to promulgate regulations prescribing physical standards for leaf tobacco warehouses; and for other purposes.
HB 1207. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to create and establish a Small Claims Court in and for Schley County; and for other purposes.

HB 1208. By Mr. Oxford and Mrs. Merritt of the 46th: A Bill to abolish the office of Treasurer of Schley County; and for other purposes.
HB 1226. By Mr. Phillips of the 50th: A Bill to provide for the election of the members of the Treutlen County Board of Education; to provide for staggered terms; and for other purposes.
HR 1233. Messrs. Matthews and Logan of the 16th: A Bill to amend an Act entitled "An Act to amend the charter of the Town of Athens, so as to provide that the election of the benefit under Section 6 (b) shall be irrevocable unless said participant shall make an election of benefit within 60 days after approval of this Act by the Governor; and for other purposes.

HB 1235. By Mr. Phillips of the 50th: A Bill to amend an Act creating a Board of Commissioners of Treutlen County, so as to provide for the election of the members of the Board of Commissioners of Treutlen County; and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolution of the House, to-wit:

THURSDAY, JANUARY 27, 1972

795

HR 589. By Messrs. Lane and Nessmith of the 44th, Matthews of the 63rd, Smith of the 43rd, Brantley of the 52nd and others:
A Resolution inviting Honorable George Wallace to address a joint session of the Senate and House of Representatives; and for other purposes.

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

HB 1174. By Mr. Shanahan of the 8th:
A Bill to amend an Act creating a new charter for the City of Calhoun, so as to change the date of elections in said City; and for other purposes.

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

SB 386. By Senators McGill of the 24th, Kennedy of the 4th and Sutton of the 9th:
A Bill to amend an Act regulating the buying and selling of livestock in Georgia, and to amend an Act prohibiting a dealer, or broker, or barn, auction or sales operator from selling, auctioning, transferring or moving infected livestock, as amended, so as to authorize the Commis sioner of Agriculture to apply to the Superior Courts for injunctions; and for other purposes.

SB 381. By Senator Doss of the 52nd:
A Bill to amend an Act amending the Charter of the City of Rome, as amended, so as to provide that the portion of eligible employees' monthly salaries in excess of a certain sum shall be exempt from the retirement fund assessment; to repeal conflicting laws; and for other purposes.
SB 393. By Senator Sutton of the 9th:
A Bill to provide the circumstances under which a public school may be closed by the Board of Education of Colquitt County; to repeal con flicting laws; and for other purposes.
SB 432. By Senators Young of the 13th, McGill of the 24th, Smith of the 18th, and others:
A Bill to amend Code Chapter 88-9, relating to air quality control, so as to exempt from the provisions thereof, and rules and regulations issued pursuant thereto, certain agricultural practices, procedures and processes and certain agricultural processing facilities; and for other purposes.

796

JOURNAL OF THE HOUSE,

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

SB 381. By Senator Doss of the 52nd:
A Bill to be entitled an Act to amend an Act amending the Charter of the City of Rome, so as to provide that the portion of eligible em ployees' monthly salaries in excess of a certain sum shall be exempt from the retirement fund assessment; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 386. By Senators McGill of the 24th, Kennedy of the 4th, and Sutton of the 9th:
A Bill to be entitled an Act to amend an Act regulating the buying and selling of livestock in Georgia, and to amend an Act prohibiting a dealer, or broker, or barn, auction or sales operator from selling, auctioning, transferring or moving infected livestock, so as to authorize the Com missioner of Agriculture to apply to the Superior Courts for injunc tions; and for other purposes.
Referred to the Committee on Agriculture.

SB 393. By Senator Sutton of the 9th:
A Bill to be entitled an Act to provide the circumstances under which a public school may be closed by the Board of Education of Colquitt County; and for other purposes.
Referred to the Committee on Education.

SB 432. By Senators Young of the 13th, McGill of the 24th, Smith of the 18th and others:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to exempt from the provisions thereof, and rules and regulations issued pursuant thereto, certain agricultural prac tices, procedures and processes and certain agricultural processing fa cilities; and for other purposes.
Referred to the Committee on Agriculture.

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

HB 1174. By Mr. Shanahan of the 8th: A Bill to be entitled an Act to amend an Act creating a new charter for

THURSDAY, JANUARY 27, 1972

797

the City of Calhoun, so as to change the date of elections in 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 new charter for the City of Calhoun, approved April .9, 1963 (Ga. Laws 1963, p. 3120), as amended, so as to change the date of elections in said City; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating a new charter for the City of Calhoun, approved April 9, 1963 (Ga. Laws 1963, p. 3120), as amended, is hereby amended by striking Section 3-17 in its entirety and inserting in lieu thereof a new Section 3-17, to read as follows:
"Section 3-17. School board of trustees--Composition, terms, qualifications. The board of trustees of the schools of said City of Calhoun shall complete the terms for which they were elected; thereafter the said board shall consist of five members to be chosen from the citizens of said City, two of whom shall hold office for two years from the date of their election and three who shall hold office for two years from the date of their election. Election for their successors shall occur on the third Wednesday in November on the termination of the terms of office of each. All vacancies oc curring on said board by death, resignation or disqualification shall be filled for the remainder of the unexpired term by election of the board of education of said City, at such times and under such rules as they may prescribe. The members of said board shall be citizens of the City of Calhoun, twenty-one years of age or older and of good moral character."
Section 2. Said Act is further amended by striking Section 5-15 in its entirety and inserting in lieu thereof a new Section 5-15, to read as follows:
"Section 5-15. Candidate for mayor or alderman; statement, cer tificate required; time of election; filing fee. Every person desiring to become a candidate for the office of mayor or for the office of alderman of said City of Calhoun shall file or cause to be filed with the clerk of the City of Calhoun, not later than twenty days before the general election, which election shall be held on the third Wed nesday in November, biennially, a statement of his or her candidacy and a certificate sworn to by him that he is qualified to fill the office to which he seeks election, and that he is offering for mayor or as alderman.
Each candidate for mayor shall pay a filing fee of ten dollars

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when filing the statement of candidacy and certificate; each candi date for alderman shall pay a filing fee of five dollars."

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

Mr. Shanahan of the 8th moved that the House agree to the Senate substitute.

On the motion, the ayes were 110, nays 0.

The motion prevailed and the Senate substitute to HB 1174 was agreed to.

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

HR 533-1205. By Mr. Smith of the 80th: A Resolution Compensating Mr. Paul J. Hiers; 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 157, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 602-1411. By Mr. Hudson of the 28th: A Resolution compensating Mrs. Sara W. Meadows; and for other pur poses.
The report of the Committee, which was favorable to the adoption of theResolution, was agreed to.
On the adoption of the Resolution, the ayes were 157, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, JANUARY 27, 1972

799

HB 1185. By Messrs. McCracken of the 36th, Ware of the 30th, Wood of the llth, Gunter of the 6th, Shanahan of the 8th and Jessup of the 49th:
A Bill to be entitled an Act to amend an Act relating1 to the giving of security by owners and operators of certain motor vehicles and the revocation and suspension of certain driver's licenses, as amended, so as to delete therefrom certain of the restrictions placed upon the Di rector relative to the deposit of securities; and for other purposes.

An amendment, offered by Mr. Murphy of the 19th, was read and with drawn by unanimous consent.

An amendment, offered by Mr. Hill of the 94th, was read and lost.
An amendment, offered by Mr. Alexander of the 108th, was read and lost.
An amendment, offered by Mr. Bennett of the 71st, was read and withdrawn by unanimous consent.
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 Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole Coiling, S. Colwell Coney, G. D. Coney, J. L. Conger Connell

Cook Dailey Davis, E. T. Davis, W. Dean, Gib Dean, N. Dixon Dorminy Drury Egan Felton Floyd, J. H. Floyd, L. R. Gaynor Geisinger Gignilliat Grahl Granade

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JOURNAL OF THE HOUSE,

Grantham Greer Griffin Gunter Ham Harrington Harris Harrison Hays Hill, G. 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

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 Nessmith Noble Nunn Odom Oxford Patterson Peters Phillips, G. S. Phillips, L. L. Pinkston

Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Toles Tripp Turner Vaughn Wamble Ware Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Alexander, W. H. Blackshear Bond Brown, B. D. Chappell Collins, M. Daugherty

Dean, J. E. Dent Evans Fraser Hamilton Hill, B. L.

Horton Pearce Phillips, W. R. Poole Stephens Thompson

Those not voting were Messrs.:

Buck Collier Edwards Ezzard Farrar Gary

Groover Hawes Hood Lambert Larsen, W. W. Le vitas

McDonald Murphy Northcutt Patten Pickard Russell, W. B.

Shepherd Strickland Townsend

THURSDAY, JANUARY 27, 1972

801

Triplett Wheeler, Bobby

Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 151, nays 19.

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

HB 1173. By Mr. Shanahan of the 8th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by owners and operators of motor vehicles, as amended, so as to change the amount of security on deposit with the Director which may be returned to the Executor or Administrator of a deceased de positor or the surviving spouse or heirs if there is no Executor or Administrator; and for other purposes.

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

On the passage of the Bill, the ayes were 97, nays 0.

The Chair voted "aye".

On the passage of the Bill, the ayes were 98, nays 0.

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

HB 1314. By Messrs. Dailey of the 53rd, Rush of the 51st, Black of the 45th, Harrison of the 58th, Jones of the 87th and Potts of the 30th:
A Bill to be entitled an Act to provide minimum standards for detention facilities within this State; and for other purposes.

The following amendments were read and adopted:
Mr. Chandler of the 34th moves to amend HB 1314 by striking on Page 6, Section 6, Line 9, Paragraph "D" in its entirety.

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JOURNAL OF THE HOUSE,

Mr. Chandler of the 34th moves to amend HB 1314 by striking on Page 6, Section 6, Line 3 the word "three" and substituting therefor the words "not more than two".

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

On the passage of the Bill as amended, the ayes were 104, nays 0.

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

HB 1368. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend an Act known as the "Current Income Tax Payment Act of 1960", so as to change the dates and pro vide the manner for reporting and paying the amount of tax withheld from employees' wages under certain circumstances; 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 "Current In come Tax Payment Act of 1960", approved February 28, 1960 (Ga. Laws 1960, p. 7), as amended, particularly as amended by an Act ap proved April 18, 1967, (Ga. Laws 1967, p. 780), and an Act approved February 26, 1970, (Ga. Laws 1970, p. 107), so as to change the dates and provide the manner for reporting and paying the amount of tax withheld from employees' wages under certain circumstances; to pro vide for an effective date; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Section 5 of an Act known as the "Current Income Tax Payment Act of 1960", approved February 28, 1960, (Ga. Laws 1960, p. 7), as amended, particularly as amended by an Act approved April 18, 1967, (Ga. Laws 1967, p. 780), is hereby amended by striking the word "last" in the second sentence of subsection (a) and inserting the word "20th" therein, so that the amended subsection (a) of Section 5 shall read as follows:
"(a) Quarterly Returns. Every employer required to deduct and withhold any tax under this Act, and every person who deducts

THURSDAY, JANUARY 27, 1972

803

and withholds any amount from any wage payments under the au thority of this Act shall make a calendar quarterly return to the Commissioner on a form prescribed by him and shall pay therewith the tax required to be paid under this Act for such calendar quar ter, or the amount withheld from employees' wages during such calendar quarter under the authority of this Act. Such quarterly return and the payment of the required tax shall be due not later than the 20th day of the month following the close of the calendar quarter. Provided: that no such calendar quarterly return shall be due and no tax owing or withheld shall be paid under the provisions of this subsection for any or all of the first three calendar quarters of the calendar year until the tax required to be paid or the amount withheld from employees' wages for such calendar quarter or quar ters equals or exceeds fifty dollars ($50.00) or until the fourth cal endar quarterly return is due, whichever occurs first; provided: further, that the extension of time contained in this provision for reporting and for paying the amount withheld from employees' wages or the tax required to be paid by this Act shall in no way affect any other provision of this Act."

Section 2. Section 5 of an Act known as the "Current Income Tax Payment Act of 1960", approved February 28, I960, (Ga. Laws 1960, p. 7), as amended, particularly as amended by an Act approved February 26, 1970, (Ga. Laws 1970, p. 107), is hereby amended by striking in its entirety subsection (c) thereof and inserting a new subsection (c) to read as follows:

"(c) If the cumulative amount of taxes deducted and withheld or which should be deducted and withheld in any period or periods under authority of this Chapter exceeds $150, the amount deducted and withheld or which should have been deducted and withheld shall be due and shall be paid to the Commissioner on the 20th calendar day following the period in which such amount exceeds $150 so that if such amount exceeds $150 during the first period of the month, the amount shall be due and shall be paid on the 20th of the month, and if such amount exceeds $150 during the second
period of the month, it shall be due and shall be paid on the 20th day of the next month. For purposes of this subsection, the calendar month is divided into two periods: from the 1st through the 15th calendar day, and from the 16th calendar day through the last day of the month.

"The Commissioner may provide rules and regulations to per mit employers to make estimated payments of the amounts deducted and withheld or which should be deducted and withheld if, in the determination of the Commissioner, the employer is unable to determine the actual amount deducted and withheld or which should be deducted and withheld for such period.

"Amounts paid under this subsection shall be included in the quarterly return for the calendar quarter which includes the month for which such payments are made and such payments shall be credited against the amount shown to be due on the quarterly return."

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Section 3. This Act shall become effective April 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D., Jr. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T., Jr. Bennett, Tom Berry Black Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chappell Cheeks Clements Collins, S. Coney, G. D. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W.

Dent Dorminy Egan Evans Ezzard Farrar Felton Floyd, L. R. Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick

Larsen, W. W. Lee, W. S. Leggett Levitas Logan Lowrey Marcus Matthews, C. Matthews, D. R. Maxwell McCracken McDaniell McDonald Melton Miles Miller Morgan Moyer Mulherin Mullinax Murphy Noble Nunn Odom Patterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Rush Savage Scarborough Shanahan

Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells

THURSDAY, JANUARY 27, 1972

805

Stephens Thomason Thompson Toles Townsend Triplett Tripp Vaughn

Wamble Ware Wheeler, J. A. Whitmire Williams Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Bo wen Brantley, H. L. Carter Cole Dixon

Floyd, J. H. Harris, J. F. Lane, W. J. Lewis Milford

Nessmith Pickard Salem Sweat

Those not voting were Messrs.:

Adams, Marvin Blackshear Chandler Collier Collins, M. Colwell Coney, J. L. Dean, Gib Dean, J. E. Dean, N. Drury Edwards Fraser Gary Groover

Gunter Ham Hamilton Harrington Hill, B. L. Hood Johnson Jones, J. R. Larsen, G. K. Lee, W.J. (Bill) Longino Mason Mauldin Merritt

Moore Northcutt Oxford Patten Pearce Peters Ross Russell, A. B. Russell, H. P. Russell, W. B. Strickland Turner Wheeler, Bobby Wilson

On the passage of the Bill, by substitute, the ayes were 137, nays 14.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
HR 123-324. By Messrs. Geisinger and Collins of the 72nd, Hawes and Felton of the 95th and Granade of the 75th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to exempt money and interests in patent rights,

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copyrights and all notes, except notes secured by an interest in real estate which fall due more than three years from the date thereof or three years from the date of any instruments executed to secure such notes, from all ad valorem intangible taxes in this State; 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 Constitu tion is hereby amended by adding at the end thereof the following paragraph:

"The General Assembly shall have the power to exempt money and interests in patent rights, copyrights and all notes, except notes secured by an interest in real estate which fall due more than three years from the date thereof or three years from the date of any instruments executed to secure such notes, from all ad valorem intangible taxes in this State. The exemption provided for herein shall apply to all taxable years beginning after Decem ber 31, 1972."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to au thorize the General Assembly to exempt money and interests in patent rights, copyrights, accounts re-
NO ( ) ceivable and all notes, except notes secured by an interest in real estate which fall due more than three years from the date thereof or three years from the date of any instruments executed to secure such notes, from all ad valorem intangible taxes in this State?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

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

The following Committee substitute was read and adopted: A RESOLUTION
Proposing an amendment to the Constitution so as to authorize

THURSDAY, JANUARY 27, 1972

807

the General Assembly to exempt money, interests in patent rights, copyrights, stocks, bonds, accounts receivable, collateral loans and all notes, except notes secured by an interest in real estate which fall due more than three years from the date thereof or three years from the date of any instruments executed to secure such notes, from all ad valorem intangible taxes in this State; 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 Constitu tion is hereby amended by adding at the end thereof the following paragraph:

"The General Assembly shall have the power to exempt money, interests in patent rights, copyrights, stocks, bonds, accounts re ceivable, collateral loans and all notes, except notes secured by an interest in real estate which fall due more than three years from the date thereof or three years from the date of any instru ments executed to secure such notes, from all ad valorem intangible taxes in this State. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to exempt money, interests in patent rights, copyrights, stocks, bonds, accounts receivable, collateral loans and all notes, except notes
NO ( ) secured by an interest in real estate which fall due more than three years from the date thereof or three years from the date of any instruments executed to secure such notes, from all ad valorem intangible taxes in this State?"
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, by substitute, was agreed to.

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JOURNAL OF THE HOUSE,

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bo stick Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole Collins, S. Coney, G. D. Coney, J. L. Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib
Dean, N.
Dent
Dixon
Dorminy
Egan
Evans
Farrar

Felton Floyd, J. H. Floyd, L. R. Gaynor Geisinger Granade Grantham Greer 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. King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Levitas Lowrey Marcus Mason Mauldin
Maxwell
McCracken
McDaniell
McDonald
Melton
Miles
Milford

Miller Morgan Moyer Mulherin Murphy Noble Nunn Oxford Patterson Pearce Peters Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Thomason Thompson Toles Townsend Triplett
Tripp
Turner
Wamble
Ware
Wheeler, J. A.
Williams
Wood, R. E.

THURSDAY, JANUARY 27, 1972

809

Those voting in the negative were Messrs.:

Collins, M. Colwell Fraser Ham Lane, W. J. Lee, W. S.

Leggett Lewis Matthews, C. McCracken Nessmith Odom

Phillips, L. L. Whitmire Wilson Wood, J. T.

Those not voting were Messrs.:

Adams, Marvin Blackshear Brantley, H. L. Chappell Collier Conger Cook Dean, J. E. Drury Edwards Ezzard Gary

Gignilliat Grahl Griffin Groover Gunter Hamilton Jordan Keyton Larsen, W. W. Logan Longino Matthews, D. R.

Merritt Moore Mullinax Northcutt Patten Phillips, G. S. Russell, H. P. Russell, W. B. Strickland Vaughn Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 143, nays 16.

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

HB 1372. 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, McCracken of the 36th and Ployd of the 7th:
A Bill to be entitled an Act to provide for the reorganization of the Executive Branch of State Government; to provide an effective date; to amend an Act authorizing the Governor to effectuate the reorganiza tion of the Executive Branch, approved February 15, 1971 (Ga. Laws 1971, p. 4) ; to repeal conflicting laws; and for other purposes.
Mr. Howard of the 117th moved that further consideration of HB 1372 be postponed until tomorrow.

The motion was lost.

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The following Committee substitute was read and adopted:

A BILL

To be entitled an Act to provide for the reorganization of the Executive Branch of State Government; to provide an effective date; to provide for severability; to amend an Act authorizing the Governor to effectuate the reorganization of the Executive Branch, approved February 15, 1971 (Ga. Laws 1971, p. 4) ; to provide for matters relative to the foregoing; to repeal conflicting laws; and for other
purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

CHAPTER 1. GENERAL PROVISIONS.
Section 101. Short Title. This Act shall be known and may be cited as the "Executive Reorganization Act of 1972."
Section 102. Declaration of Policy and Purpose.
(a) The State Constitution contemplates a separation of power within State Government among the Legislative, the Executive, and the Judicial Branches of government. The Legislative Branch deter mines policies and programs and reviews program performance. The Executive Branch executes programs and policies adopted by the Legislature and makes policy recommendations to the Legislature. The Judicial Branch determines the constitutional propriety of the policies and programs and adjudicates conflicts arising from the interpretation or application of the laws.
(b) Within constitutional limitations and in accordance with the charge of the 1971 General Assembly as expressed in an Act of the Georgia General^Assembly approved February 15, 1971 (Act No. 2, Ga. Laws 1971, p. 4), the agencies which comprise the Executive Branch should be consolidated into a reasonable number of departments consistent with executive capacity to administer effectively at all levels. The agencies in the Executive Branch should be merged into one of the departments of the Executive Branch established or continued under this Act to achieve maximum efficiency and effectiveness.
(c) Structural reorganization should be a continuing process through careful executive and legislative appraisal of the placement of proposed new programs and the coordination of existing programs in response to public needs. It is the public policy of this State and the pur pose of this Act to create a structure of the Executive Branch of State Government which is responsive to the needs of the people of this State and sufficiently flexible to meet changing conditions; to promote economy and efficiency in the operation and management of State Government; to improve services to the citizens of the State to conserve the human and natural resources of the State; to promote orderly growth of the State and its Government; to strengthen the executive

THURSDAY, JANUARY 27, 1972

811

capacity to administer effectively and efficiently at all levels; to en courage greater participation in State Government; to effect the group ing of State agencies into a reasonable number of departments primarily according to function; to provide that the responsibility within the Executive Branch of State Government for the implementation of pro grams and policies is clearly fixed and ascertainable; and to eliminate overlapping and duplication of effort within the Executive Branch of
State Government.

(d) It is the intent of this Reorganization Act to simplify the operations of the Executive Branch of State Government and to provide for the orderly transfer of functions of existing agencies to departments provided by this Act, with the least disruption of the delivery of gov ernmental services.

(e) It is further the intent of this Reorganization Act not to increase, decrease, or change the statutory powers of any agency existing before the effective date of this Act, unless such intent is specifically expressed herein.

Section 103. Definitions. As used in this Act:

(a) "Agency" means any officer, department, division, bureau, board, commission or agency in the Executive Branch of State Govern ment.

(b) "Unit" means an internal subdivision of an agency, created by statute or by administrative action, including a division, bureau, section, or department, or an agency assigned to a department for ad ministrative purposes only as provided in Section 105 of this Act.

(c) Except when used in connection with the name of an agency existing before the effective date of this Act, "department" means a principal, functional and administrative entity provided for by this Act, within the Executive Branch of State Government and includes its divisions.

(d) "Department head" means a director, commission, board, com missioner, or constitutional officer or such other official in charge of a department continued or created by this Act.

(e) "Function" means a duty, power, or program exercised by or assigned to an agency, whether or not specifically provided for by law, including budgeted positions and personnel relating to the performance of such function unless otherwise provided by this Act.

(f) "Constitution" means the Constitution of the State of Georgia of 1945, as amended.
(g) Unless otherwise required by the context of this Act, the terms "policy" or "policy-making" as used in this Act mean those functions related to establishing the general direction which programs of an agency shall take.

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JOURNAL OF THE HOUSE,

(h) Unless otherwise required by the context of this Act, the term "administrative" is used to refer to functions related to the specific implementation of general policies.

(i) "Classified service" means a position included in the State Merit System of Personnel Administration subject to the laws, rules, and regulations relating to the State Personnel Board and the State Merit System of Personnel Administration.

Section 104. Structure of Executive Branch of State Government, (a) All executive offices, boards, commissions, committees, agencies, departments, bureaus, and instrumentalities of the Executive Branch of State Government, and their respective functions, are allocated by this Act among and within the following departments or offices con tinued or established by this Act:
Governor Lieutenant Governor Department of Administrative Services Department of Agriculture Department of Industry and Trade Comptroller General Department of Defense Department of Education Department of Financial Regulation Department of Human Resources Department of Labor Department of Law Department of Natural Resources Department of Public Safety Department of Revenue Secretary of State State Scholarship Commission Department of Transportation Treasurer Board of Regents of the University System of Georgia State Department of Veterans Service
(b) For its internal structure, each department shall adhere to the following standard terms: (1) the principal unit of a department is a "division." Each division shall be headed by a "director" or "depu-

THURSDAY, JANUARY 27, 1972

813

ty." (2) The principal unit of a division is a "section." Each section shall be headed by a "supervisor."

Section 105. Assignment for Administrative Purposes Only, (a) An agency assigned to a department for administrative purposes only in this Act shall:

(1) Exercise its quasi-judicial, rule-making licensing or policymaking functions independently of the department and without approval or control of the department.

(2) Prepare its budget, if any, and submit its budgetary re quests, if any, through the department.

(3) Hire its own personnel, if authorized by this Act, by the Constitution or by statute, or if the General Assembly provides or authorizes the expenditure of funds therefor.

(b) The department to which an agency is assigned for adminis trative purposes only in this Act shall:

(1) Provide record keeping, reporting, and related administra tive and clerical functions for the agency.

(2) Disseminate for the agency required notices, rules, or orders adopted, amended, or repealed by the agency.

(3) Provide staff for the agency subject to the provisions of (a) (3).

(4) Include in the departmental budget the agency's budgetary request, if any, as a separate part of said budget and exactly as prepared and submitted to the department by the agency.

(c) Whenever any Authority is assigned for administrative pur poses, it means only that the State department through which the Authority deals with the State shall be that department to which the Authority is assigned by this Act. Any Authority created by Georgia law shall retain its separate identity as an instrumentality of the State and a public corporation. The department to which an Authority is assigned is authorized, only with the approval of the Authority, to perform for such Authority any or all of the functions set forth in (b) of this Section.

(d) Any retirement system assigned for administrative purposes shall retain its separate identity and the department to which it is assigned is authorized, only with the approval of the system, to perform for such retirement system any or all of the functions set forth in (b) of this Section.

Section 106. Prior Right of Department Head to Agencies and Records. In order that a department head appointed or holding office

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JOURNAL OF THE HOUSE,

pursuant to this Act might formulate and effectuate plans for the internal organization and the fiscal and personnel administration of the agency which he will administer, each such department head shall, after approval of this Act and, where applicable, after his appointment, have full access to all agencies or units (including records) whose functions will be placed within his department by this Act.

Section 107. Creation of Advisory Councils. A department head or the Governor may create advisory councils. Any other official or agency of the Executive Branch of State Government may also create advisory councils, but only if federal law or regulation requires that such official or agency create the advisory council as a condition to the receipt of federal funds. Advisory councils may be created only for the purpose of acting in an advisory capacity. Unless otherwise provided by law, any such advisory council shall have a definite termination date in the instrument creating it, such date not to extend beyond the term of the Governor holding office at the time of the creation of such council.

Section 108. Agencies Abolished with Multiple Transfers. If any agency is abolished before all of its functions have been transferred to other departments as provided by this Act, the department created in the Chapter of this Act under which the agency is abolished shall succeed to the remaining functions.

Section 109. Agencies Abolished. Any agency all of whose func tions are transferred to another agency or agencies as provided in this Act is abolished as a separate agency.
Section 110. Rights of State Personnel. Unless otherwise provided in this Act, each State officer or employee affected by the reorganiza tion of the Executive Branch of State Government under this Act shall be entitled to all rights which he possessed as a State officer or em ployee before the effective date of the applicable provision of this Act, including all rights of rank or grade, rights to vacation, sick pay and leave, rights under any retirement or personnel plan, and any other rights under any law or administrative policy. This Section is not in tended to create any new rights for any State officer or employee, but to continue only those rights in effect before the effective date of the applicable provision of this Act.

Section 111. Rules, Regulations, and Orders. The department which succeeds to all or part of the functions of an agency under this Act other than an agency assigned to the department for administrative purposes, also succeeds to the rules, regulations, and orders of that agency and the power of that agency to make rules and regulations relating to the functions or parts of functions transferred. The rules, regulations, and orders of any agency in effect before the effective date of the provisions of this Act affecting the agency remain in effect until amended, repealed, superseded or nullified by proper authority or as otherwise provided by law.
Section 112. Legal Proceedings. This Act shall not affect the validity of any judicial or administrative proceeding pending or which

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i could have been commenced before the effective date of the applicable provisions of this Act, and the department which succeeds to the functions of an agency relating to the proceeding shall be substituted as a part at interest.

Section 113. Rights and Duties Under Existing Transactions. The rights, privileges, and duties of the holders of bonds and other obliga tions issued, and of the parties to contracts, leases, indentures, and other transactions entered into, before the effective date of the applicable provision of this Act, by the State or by any agency, officer, or employee thereof, and covenants and agreements as set forth therein, remain in effect and none of these rights, privileges, duties, covenants, or agree ments is impaired or diminished by reason of the transfer of the func tions of an agency or the abolition of an agency in this Act. The depart ment which succeeds to the functions of an agency is substituted for that agency and succeeds to its rights and duties under the provisions of those bonds, contracts, leases, indentures, and other transactions.

Section 114. References. Unless inconsistent with this Act, when ever an agency existing before the effective date of the provision of this Act affecting that agency is referred to by any law, contract, or other document, that reference applies to the department to which the respective functions are transferred by this Act.

Section 115. Agencies--Continuation. Any existing agency not provided for in this Act but established or created by the General As sembly shall continue to exercise all of its functions.
Section 116. Federal Aid. Whenever any agency or function is transferred, the resulting agency performing the transferred function shall be construed as a continuation of the original agency for the purposes of federal aid, and may continue to receive any such funds to carry out or perform such functions.

CHAPTER 2. GOVERNOR
Section 201. The Governor--Continued. The Governor, provided for in Article V, Section I, Paragraph I of the Constitution, and his functions, and the functions of his office, are continued except those functions relating to the Bureau of State Planning and Community Af fairs and the Budget Bureau which are transferred to the Office of Planning and Budget, the Department of Industry and Trade, and the Department of Human Resources in Chapters 2, 7, and 12, respectively, of this Act, the State Library which is transferred to the Department of Law in Chapter 14, and the Division of Conservation and the Com missioner of Conservation which are transferred to the Department of Natural Resources in Chapter 15 of this Act.
Section 202. Office of Planning and Budget--Created. There is created in the office of the Governor an Office of Planning and Budget. This Office shall have a Director whose title shall be Director of the Office of Planning and Budget. The Director shall be responsible for management of the Office and exercise supervision and control over

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the Office. The Director shall be appointed by and serve at the pleasure of the Governor.

Section 203. State Planning and Community Affairs Policy Board --Functions Transferred. All of the functions of the State Planning and Community Affairs Policy Board, created in Ga. Laws 1970, p. 321 (Ga. Code Ann. Sec. 40-2909), are transferred as provided in Section 205 of this Act.

Section 204. State Planning and Community Affairs Officer -- Functions Transferred. All the functions of the State Planning and Community Affairs Officer, created in Ga. Laws 1970, p. 321 (Ga. Code Ann. Sec. 40-2909), are transferred to the Director of the Office of Planning and Budget created in this Chapter. Unless inconsistent with this Act, any reference in Georgia laws to the State Planning and Community Affairs Officer means the Director of the Office of Planning and Budget.

Section 205. Bureau of State Planning and Community Affairs-- Functions Transferred, (a) All of the functions of the Bureau of State Planning and Community Affairs, set forth in Ga. Laws 1967, p. 252 (Act No. 123), Sections 5 and 6 are transferred to the Department of Industry and Trade. All other functions of the Bureau of State Planning and Community Affairs, set forth in Ga. Laws 1967, p. 252, are trans ferred to the Office of Planning and Budget unless otherwise inconsis tent with this Act.

(b) All functions of the Bureau of State Planning and Community Affairs, set forth in Ga. Laws 1970, pp. 321-332 (Act No. 1066), Sec tions 4(f), 6, 8(b), 9, 10 (a) and 10(c) are transferred to the Office of Planning and Budget. All functions set forth in Sections 2, 3 (b), 3(c), 4(a), 4(b), 4(c), 4(e) and 7 of Ga. Laws 1970, pp. 321-332 are abolished. All other functions, set forth in Ga. Laws 1970, pp. 321-332, except those provided in Section 10 (e), transferred to the Department of Human Resources in Section 1214 of this Act, and Sections 3(a), 11, and 12, are transferred to the Department of Industry and Trade. The functions set forth in Sections 3(a), 11, and 12 of said statute are transferred to the Board of Commissioners of the Department of Industry and Trade.

Section 206. Budget Bureau--Functions Transferred. All of the functions of the Budget Bureau and the State Budget Officer established in the office of the Governor, Ga. Laws 1962, p. 17, as amended (Ga. Code Ann. Sec. 40-401 et seq.), are transferred to the Office of Planning and Budget and the Director of the Office of Planning and Budget, respectively. Unless inconsistent with this Act, any reference in Georgia laws to the Budget Bureau and the State Budget Officer means the Office of Planning and Budget and the Director of the Office of Planning and Budget, respectively.

Section 207. Georgia Commission on the Arts--Transferred. All of the functions of the Georgia Commission on the Arts, created in Ga. Laws 1968, p. 1235 (Ga. Code Ann. Ch. 40-26), are transferred to the Office of Planning and Budget. The Governor shall appoint such ad-

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visory councils on the Arts as he deems necessary and appropriate. Unless inconsistent with this Act, any reference in Georgia laws to the Georgia Commission on the Arts means the Office of Planning and Budget created in this Chapter.

Section 208. Georgia Science and Technology Commission-- Trans ferred. All of the functions of the Georgia Science and Technology Commission, created in Ga. Laws 1964, p. 717, as amended (Ga. Code Ann. Sec. 43-1001 et al), are transferred to the Office of Planning and Budget. Unless inconsistent with this Act, any reference in Georgia laws to the Georgia Science and Technology Commission means the Office of Planning and Budget created in this Chapter.

Section 209. Institute for Research in Bio-Technology--Abolished. The Institute for Research in Bio-Technology, created in Ga. Laws 1969, p. 987 (Ga. Code Ann. Sec. 43-1008), and its functions are abolished, and said Act and all amendments thereto are hereby repealed.

CHAPTER 3. LIEUTENANT GOVERNOR
Section 301. The Lieutenant Governor--Continued. The Lieutenant Governor, provided for in Article V, Section I, Paragraph VII of the Constitution, and his functions are continued.

CHAPTER 4. DEPARTMENT OF ADMINISTRATIVE SERVICES
Section 401. Department of Administrative Services -- Created; Head. There is created a Department of Administrative Services. The department head is the Commissioner. The Commissioner shall be ap pointed by the Governor by and with the advice and consent of the Senate. The Commissioner shall serve at the pleasure of the Governor.
Section 402. Supervisor of Purchases--Functions Transferred. All of the functions of the Office of Supervisor of Purchases and the Supervisor of Purchases, created by Ga. Laws 1931, p. 7, as amended (Ga. Code Ann. Ch. 40-19), are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the Office of Supervisor of Purchases or the Supervisor of Purchases means the Department of Administrative Services.
Section 403. Air Transportation--Functions Transferred. All of the functions of the State Department of Air Transportation and the State Board of Air Transportation, created by Ga. Laws 1968, p. 130 (Ga. Code Ann. Ch. 40-30), are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the State Department of Air Transportation or the State Board of Air Trans portation means the Department of Administrative Services.
Section 404. State Communications Committee--Functions Trans ferred. All of the functions of the State Communications Committee, created by Ga. Laws 1969, p. 616, are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the

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State Communications Committee means the Department of Administra tive Services.

Section 405. Advisory Council on Georgia Government Documents --Functions Transferred. All of the functions of the Advisory Council on Georgia Government Documents, created by Ga. Laws 1971, p. 216, are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the Advisory Council on Georgia Government Documents means the Department of Administrative
Services.

Section 406. Highway Department--Functions Transferred. The self-insurance workmen's compensation functions of the State Highway Department of Georgia, provided for in Ga. Laws 1969, p. 234 (Ga. Code Ann. Sec. 89-926), are transferred to the Department.

Section 407. Additional Functions Transferred. The Governor shall have the authority to transfer the electronic data processing and electronic computer service functions of all State agencies to the De partment. This Section shall be implemented by Executive Order of the Governor, and he shall have the authority to implement this Section in whole or in part, in phases or stages, or in any manner or sequence which he may deem appropriate. In making any such transfer, the Governor shall consult with the head of the department affected and shall insure that such transfer shall not interrupt such department's services.
Section 408. State Treasurer--Functions Transferred. The func tions of the State Treasurer and the Treasury Department relating to payment of salaries and expenses to judges, provided for in Ga. Laws 1945, p. 1199, as amended (Ga. Code Ann. Sec. 24-2606.1), Ga. Laws 1969, p. 113 (Ga. Code Ann. Sec. 24-2606.2), and district attorneys, provided for in Ga. Laws 1966, p. 438, as amended (Ga. Code Ann. Sec. 24-2904.1), Ga. Laws 1968, p. 992, as amended (Ga. Code Ann. Sec. 24-2922, et al), are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the State Treasurer or the Treasury Department relating to the functions transferred to the Department in this Section means the Department of Administrative Services.
Section 409. Secretary of State--Functions Transferred. The func tions of the Secretary of State, provided for in Ga. Laws 1970, p. 672 (Ga. Code Ann. Ch. 91-4A), relating to inventory of real property and requirements relating to the acquisition or disposition of real property, except the function of filing and retaining conveyances and plats, are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the Secretary of State relating to the functions transferred to the Department in this Section means the De partment of Administrative Services.
Section 410. State Properties Control Commission--Continued; Assigned. The State Properties Control Commission, created by Ga. Laws 1964, p. 146), as amended (Ga. Code Ann. Ch. 91-1A), and its functions are continued. The State Properties Control Commission is

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assigned to the Department for administrative purposes only as pre scribed in Section 105 of this Act.

Section 411. State Properties Acquisition Commission--Functions Transferred. All of the functions of the State Properties Acquisition Commission, created by Ga. Laws 1965, p. 396 (Ga. Code Ann. Ch. 36-1A), are transferred to the State Properties Control Commission. Unless inconsistent with this Act, any reference in Georgia laws to the State Properties Acquisition Commission means the State Properties Control Commission.

Section 412. Mineral Leasing Commission--Functions Transferred. All of the functions of the Mineral Leasing Commission, created by Ga. Laws 1945, p. 352), as amended (Ga. Code Ann. Sec. 91-118), are transferred to the State Properties Control Commission. Unless incon sistent with this Act, any reference in Georgia laws to the Mineral Leasing Commission means the State Properties Control Commission.

Section 413. State Depository Board--Continued; Assigned. The State Depository Board, created by Ga. Laws 1949, p. 13, as amended (Ga. Code Ann. Ch. 100-1), and its functions are continued. The Board is assigned to the Department for administrative purposes only as pre scribed in Section 105 of this Act.
Section 414. Georgia Education Authority (University)--Contin ued; Assigned. The Georgia Education Authority (University), created by Ga. Laws 1949, p. 1009, as amended (Ga. Code Ann. Ch. 32-1A), and its functions are continued. The Authority is assigned to the Depart ment for administrative purposes only as prescribed in Section 105 of this Act.
Section 415. Georgia Education Authority (Schools)--Continued; Assigned. The Georgia Education Authority (Schools), created by Ga. Laws 1951, p. 241, as amended (Ga. Code Ann. Ch. 32-14A), and its functions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Act,
Section 416. Georgia Building Authority--Continued; Assigned. The Georgia Building Authority, created by Ga. Laws 1951, p. 699, as amended (Ga. Code Ann. Ch. 91-5A), and its functions are continued. The Authority is assigned to the Department for administrative pur poses only as prescribed in Section 105 of this Act.

Section 417. Georgia Building Authority (Hospital)--Continued; Assigned. The Georgia Building Authority (Hospital), created by Ga. Laws 1939, p. 144, as amended (Ga. Code Ann. Ch. 99-14), and its functions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Act.
Section 418. Georgia Building Authority (Markets)--Continued; Assigned. The Georgia Building Authority (Markets), created by Ga.

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Laws 1955, p. 224, as amended (Ga. Code Ann. Ch. 65-3), and its func tions are continued. The Authority is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Act.

Section 419. Georgia Building Authority (Penal)--Continued; As signed. The Georgia Building Authority (Penal), created by Ga. Laws 1960, p. 892, as amended (Ga. Code Ann. Ch. 77-10), and its functions are continued. The Authority is assigned to the Department for ad ministrative purposes only as prescribed in Section 105 of this Act.

Section 420. Bond Indebtedness. Nothing in this Act shall affect in any way the obligations of any Authorities with respect to their bond indebtedness.

Section 421. Refunding Bond Commission--Abolished. The Re funding Bond Commission, created by Ga. Laws 1947, p. 504 (Ga. Code Ann. Ch. 87-5A), is abolished, and said Act and all amendments thereto are hereby repealed.

CHAPTER 5. DEPARTMENT OF AGRICULTURE
Section 501. Department of Agriculture--Continued; Head. The Department of Agriculture, created by Ga. Laws 1874, p. 5, as amended (Ga. Code Ann. Sec. 5-101), and its functions are continued. The de partment head is the Commissioner of Agriculture.
Section 502. Livestock and Poultry Disease Control Board--Func tions Transferred. All of the functions of the Livestock and Poultry Disease Control Board, created by Ga. Laws 1956, p. 247, as amended (Ga. Code Ann. Ch. 62-18), are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the Live stock and Poultry Disease Control Board means the Department of Agriculture.
Section 503. Department of Public Health--Functions Transferred. The functions of the Department of Public Health relating to articles of bedding, provided for by Ga. Laws 1964, pp. 499, 552, et al, as amended (Ga. Code Ann. Ch. 88-8), are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the functions transferred to the Department in this Section means the De partment of Agriculture.
Section 504. Department of Revenue--Functions Transferred. The motor fuel testing and pump calibration functions of the Department of Revenue, provided for in Ga. Laws 1927, p. 279, as amended (Ga. Code Ann. Sec. 73-220), are transferred to the Department. Unless incon sistent with this Act, any reference in Georgia laws to the functions transferred to the Department in this Section means the Department of Agriculture.
Section 505. State Oil Chemist--Functions Transferred. The State Oil Chemist, provided for by Ga. Laws 1927, p. 279, as amended (Ga.

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Code Ann. Ch. 73-2), and his functions are transferred to the Depart ment. Unless inconsistent with this Act, any reference in Georgia laws to the positions and functions transferred to the Department in this Section means the Department of Agriculture.

Section 506. Department of Revenue--Functions Transferred. The Inspectors of the Department of Agriculture, in the regular course of their duties, shall verify that each facility they inspect has proper State licenses for the sale of cigarettes, malt beverages, and wine. Should any facility not have such State licenses as required by law, the Commis sioner of Revenue shall be notified of such fact immediately so that he can take such action as required by law.

Section 507. Department of Public Health--Functions Transferred. The functions of the Departmnet of Public Health relating to regulation of canning factories and shucking plants, provided for in Ga. Laws 1955, p. 483 (Ga. Code Ann. Sec. 45-931), are transferred to the De partment. Unless inconsistent with this Act, any reference in Georgia laws to the functions transferred to the Department in this Section means the Department of Agriculture.

Section 508. Georgia Seed Development Commission--Continued; Assigned. The Georgia Seed Development Commission, created by Ga. Laws 1959, p. 83 (Ga. Code Ann. Ch. 5-27), is continued. The Commis sion is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Act.

Section 509. Georgia Milk Commission--Abolished. The Georgia Milk Commission, created by Ga. Laws 1937, p. 247, as amended (Ga. Code Ann. Sec. 42-525), is abolished, and said Act and all amendments thereto are hereby repealed.

Section 510. Commission on State Institutional Farms--Abolished. The Commission on State Institutional Farms, created by Ga. Laws 1966, p. 734 (Ga. Code Ann. Sec. 5-2803), is hereby abolished, and said Act and all amendments thereto are hereby repealed.

CHAPTER 6. DEPARTMENT OF AUDITS AND ACCOUNTS
Section 601. Department of Audits and Accounts and State Audi tor--Continued. The Department of Audits and Accounts and the State Auditor, created by Ga. Laws 1923, Ex. Sess., p. 7, as amended (Ga. Code Ann. Ch. 40-18), and their functions are continued.
Section 602. Board of Equalization--Abolished. The Board of Equalization, created by Ga. Laws 1970, pp. 542, 548 (Ga. Code Ann. Sec. 92-7013), and its functions are abolished, and said Act and all amendments thereto are hereby repealed.
CHAPTER 7. DEPARTMENT OF INDUSTRY AND TRADE
Section 701. Department of Industry and Trade--Continued. The

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Department of Industry and Trade, created in Article V, Section X, Paragraph I of the Constitution, and its functions are continued, except those functions related to the Metropolitan Atlanta Rapid Transit Au thority transferred to the Department of Transportation in Section 2006 of this Act, and those functions related to aviation transferred to the Department of Transportation in Section 2005 of this Act. The Director shall be the executive officer and administrative head as prescribed by the Constitution.

Section 702. Board of Commissioners of the Department of In dustry and Trade--Continued. The Board of Commissioners of the Department of Industry and Trade, created in Article V, Section X, Paragraph I of the Constitution, and its functions are continued except those functions transferred in Sections 2005 and 2006 of this Act, and those functions added in Section 205 of this Act.
Section 703. Division of Community Affairs--Creation. There is created a Division of Community Affairs in the Department of Industry and Trade. There shall be a Director of this Division. The Director shall exercise supervision and control over all employees of the Division. The Director of the Division of Community Affairs shall be appointed by the Director of the Department of Industry and Trade.

Section 704. Division of Community Affairs--Functions Trans ferred. All of the functions transferred from the Bureau of State Plan ning and Community Affairs by this Act in Chapter 2 to the Depart ment of Industry and Trade are assigned to the Division of Community Affairs.

Section 705. Other Functions Transferred. The functions of the Ocean Science Center of the Atlantic Commission, provided for in Ga. Laws 1967, p. 12, as amended (Ga. Code Ann. Sec. 43-1301, et al), to promote participation in and arrange for the location of research and industrial activities are transferred to the Department of Industry and Trade.

CHAPTER 8. COMPTROLLER GENERAL
Section 801. Comptroller General -- Continued. The Comptroller General of Georgia, provided for in Article V, Section II, Paragraph I of the Constitution, and his functions are continued.

CHAPTER 9. DEPARTMENT OF DEFENSE
Section 901. Department of Defense--Continued. The Department of Defense, created in Ga. Laws 1955, pp. 10, 23 (Ga. Code Ann. Sec. 86-201), its present organization and its functions are continued.
Section 902. Adjutant General--Continued. The Adjutant General shall continue to be the department head and shall continue to exercise all his functions as prescribed by law.

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CHAPTER 10. DEPARTMENT OF EDUCATION

Section 1001. State Board of Education--Continued. The State Board of Education, provided for in Article VIII, Section II, Paragraph I of the Constitution, and its functions are continued.

Section 1002. State Superintendent of Schools--Continued. The State Superintendent of Schools, provided for in Article VIII, Section III, Paragraph I of the Constitution, and its functions are continued.

Section 1003. State Treasurer--Functions Transferred. The func tions of the State Treasurer and the Treasury Department relating to distribution of State funds under the Minimum Foundation Program of Education Act, provided for in Ga. Laws 1964, p. 3 (Ga. Code Ann. Sec. 32-647), are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the State Treasurer or the Treasury Department relating to the functions transferred to the Department in this Section means the State Department of Education.

Section 1004. Industry Services Advisory Committee--Functions Transferred. All of the functions of the Industry Services Advisory Committee, created by Ga. Laws 1968, p. 1138 (Ga. Code Ann. Ch. 32-36), are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the Industry Services Ad visory Committee means the State Department of Education.

Section 1005. Fernbank Science Center Committee--Abolished. The Fernbank Science Center Committee, created by Ga. Laws 1970, p. 747, is abolished, and said Act and all amendments thereto are hereby repealed.

CHAPTER 11. DEPARTMENT OF FINANCE REGULATION
Section 1101. Department of Financial Regulation--Created. There is created a Department of Financial Regulation. The department head is a Commissioner who shall exercise supervision and control over all divisions and employees of the Department of Financial Regulation.
Section 1102. Commissioner--Term of Office. The Commissioner shall be appointed by the Governor for a four-year term. The initial term of the Commissioner shall terminate on January 20, 1976. Each succeeding term of office shall be for four years commencing on the expiration date of the previous term.
Section 1103. Department of Banking and Superintendent of Banks --Functions Transferred. All of the functions of the Department of Banking, and the position of Superintendent of Banks, created in Ga. Laws 1919, p. 135, as amended (Ga. Code Ann. Sec. 13-301, et al), including the regulation of credit unions, are transferred to the De partment of Financial Regulation. Unless inconsistent with this Act, any reference in Georgia laws to the Department of Banking or the Superintendent of Banks means the Department of Financial Regula tion.

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Section 1104. Regulation of State Building and Loan Associations --Functions Transferred. All functions of the Secretary of State of Georgia relating to State building and loan associations, Ga. Laws 1937-38, Ex. Sess., p. 307, as amended (Ga. Code Ann. Sec. 16-401, et al), or any other functions related to the regulation of State build ing and loan associations or State savings and loan associations are transferred to the Department of Financial Regulation. The Com missioner of the Department of Financial Regulation is hereby desig nated the Georgia Building and Loan Commissioner.

Section 1105. Functions Retained. Nothing in this Act shall divest the Secretary of State of any existing functions related to the chartering or liquidation of any bank, credit union, State building and loan associa tion, State savings and loan association, or corporation.

CHAPTER 12. DEPARTMENT OF HUMAN RESOURCES
Section 1201. Department of Human Resources--Created. There is created a Department of Human Resources.
Section 1202. Commissioner of Human Resources--Created. There is created the position of Commissioner of Human Resources. The Com missioner shall be the chief administrative officer and be both ap pointed and removed by the Board of Human Resources subject to the approval of the Governor. Subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the De partment by this Act.
Section 1203. State Department of Family and Children Services-- Functions Transferred to Department. All of the functions of the State Department of Family and Children Services, created in Ga. Laws 1937, p. 355, as amended (Ga. Code Ann. Sec. 99-103), and of its units, except those functions transferred in Section 2302 of this Act, are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the State Department of Family and Children Services means the Department of Human Resources.
Section 1204. State Board for Children and Youth -- Functions Transferred. All of the functions of the State Board for Children and Youth, created in Ga. Laws 1963, p. 81 (Ga. Code Ann. Sec. 99-204(a) ), except for the policy-making functions transferred to the Board of Human Resources in Section 1215 of this Act, are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia laws to the State Board for Children and Youth, except references to its policy-making functions, means the Department of Human Resources.
Section 1205.- Additional Functions Transferred. The functions with respect to the Division for Georgia Water Quality Control and the State Water Quality Control Board, created in Ga. Laws 1964, p. 416, as amended (Ga. Code Ann. Sec. 17-504), are transferred to the De partment of Natural Resources in Section 1517 of this Act.

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Section 1206. Additional Functions Transferred. The functions with respect to Air Quality Control, contained in Ga. Laws 1967, p. 581, as amended (Ga. Code Ann. Sec. 88-901), are transferred to the Department of Natural Resources in Section 1529 of this Act.

Section 1207. Additional Functions Transferred. The functions with respect to Water Supply Quality Control, contained in Ga. Laws 1964, p. 499 (Ga. Code Ann. Ch. 88-26), are transferred to the Depart ment of Natural Resources in Section 1530 of this Act.

Section 1208. Additional Functions Transferred. The functions with respect to oyster bed inspection, contained in Ga. Laws 1955, pp. 483, 540 (Ga. Code Ann. Sec. 45-926), are transferred to the Depart ment of Natural Resources in Section 1528 of this Act.

Section 1209. Additional Functions Transferred. The functions of the Department of Public Health with respect to solid waste manage ment are transferred to the Department of Natural Resources in Sec tion 1531 of this Act.

Section 1210. Additional Functions Transferred. The functions with respect to regulation of articles of bedding, contained in Ga. Laws 1964, pp. 499, 552, et al, as amended (Ga. Code Ann. Sec. 88-801, et seq.), are transferred to the Department of Agriculture in Section 503 of this Act.

Section 1211. Additional Functions Transferred. The functions with respect to regulation of canning factories and shucking plants, con tained in Ga. Laws 1955, pp. 483, 542 (Section 114) (Ga. Code Ann. Sec. 45-931), are transferred to the Department of Agriculture in Section 507 of this Act.

Section 1212. Division of Vocational Rehabilitation--Functions Transferred. All of the functions of the Division of Vocational Rehabili tation, established in the State Board of Education by Ga. Laws 1951, p. 516, as amended (Ga. Code Ann. Sec. 32-2302), are transferred to the Department of Human Resources. The official of the Department of Human Resources who is charged with the administration of the functions transferred to the Department in this Section shall be in cluded in the classified service. He shall possess those qualifications currently provided by law with respect to the Director of the Division of Vocational Rehabilitation. Unless inconsistent with this Act, any reference in Georgia laws to the Division of Vocational Rehabilitation means the Department of Human Resources.

Section 1213. State Commission on Aging--Functions Transferred to Department. All of the functions of the State Commission on Aging, created in Ga. Laws 1962, p. 604 (Ga. Code Ann. Sec. 99-2602), except the policy-making functions transferred to the Board of Human Re sources in Section 1217 of this Act, are transferred to the Department of Human Resources. Unless inconsistent with this Act, any reference in Georgia laws to the State Commission on Aging means the Depart ment of Human Resources.

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Section 1214. Additional Functions Transferred to Department. The functions of the Bureau of State Planning and Community Affairs with respect to housing, contained in Ga. Laws 1970, pp. 321, 327, Sec tion 10(e) (Ga. Code Ann. Sec. 40-2916 (c)), are transferred to the De partment of Human Eesources. Unless inconsistent with this Act, any reference in Georgia laws to the Bureau of State Planning and Com munity Affairs with respect to its housing functions means the De partment of Human Resources.

Section 1215. State Board for Children and Youth -- Functions Transferred to Board. The policy-making functions of the State Board for Children and Youth, contained in Ga. Laws 1963, p. 81 (Ga. Code Ann. Sec. 99-206 (a) are transferred to the Board of Human Resources. Unless inconsistent with this Act, any reference in Georgia laws to the Board for Children and Youth with respect to its policy-making func tions means the Board of Human Resources.

Section 1216. State Board of Education--Functions Transferred to Board. The policy-making functions of the State Board of Education and its executive officer pertaining to the Division of Vocational Re habilitation, contained in Ga. Laws 1951, p. 516, et seq., as amended (Ga. Code Ann. Sec. 32-2302, et seq.), are transferred to the Board of Human Resources. Unless inconsistent with this Act, any reference in Georgia laws to the State Board of Education or to the same body designated as the State Board of Vocational Education pertaining to policy-making functions with respect to the Division of Vocational Re habilitation means the Board of Human Resources.

Section 1217. Commission on Aging--Functions Transferred to Board. The policy-making functions of the Commission on Aging, created in Ga. Laws 1962, p. 604 (Ga. Code Ann. Sec. 99-2602), are transferred to the Board of Human Resources. Unless inconsistent with this Act, any reference in Georgia laws to the Commission on Aging pertaining to its policy-making functions means the Board of Human Resources.

Section 1218. Commission on the Status of Women--Continued; Assigned. The Commission on the Status of Women, created in Ga. Laws 1966, p. 605, is continued, and the Commission is assigned to the Department of Human Resources for administrative purposes only as prescribed in Section 105 of this Act.

Section 1219. Council on Aging--Creation. There is hereby created a Council on Aging within the Department.

Section 1220. Georgia Factory for the Blind--Continued; Trans ferred. The Georgia Factory for the Blind, created in Ga. Laws 1937, p. 579, as amended (Ga. Code Ann. Sec. 99-801), is continued and is transferred to the Department of Human Resources created in this Chapter.

Section 1221. Additional Functions Transferred. All of the func tions of the Radiation Control Council, created in Ga. Laws 1964, pp.

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499, 568, as amended (Ga. Code Ann. Sec. 88-1305), are transferred to the Department of Human Resources.

Section 1222. State Board of Family and Children Services -- Abolished. The State Board of Family and Children Services, provided for in Ga. Laws 1937, p. 355, as amended (Ga. Code Ann. Sec. 99-104106), is abolished, and said Act and all amendments thereto are hereby repealed.

Section 1223. Food Service Advisory Council--Abolished. The Food Service Advisory Council, created in Ga. Laws 1964, pp. 499, 560, as amended (Ga. Code Ann. Sec. 88-1005), is abolished, and said Act and all amendments thereto are hereby repealed.

Section 1224. Georgia Youth Council--Abolished. The Georgia Youth Council, created in Ga. Laws 1966, p. 601, is abolished, and said Act and all amendments thereto are hereby repealed.

CHAPTER 13. DEPARTMENT OF LABOR
Section 1301. Department of Labor--Continued. The Department of Labor, created by Ga. Laws 1937, p. 230 (Ga. Code Ann. Sec. 54-102), and its functions are continued. The Commissioner of Labor, provided for in Article V, Section II, Paragraph I of the Constitution, shall con tinue to be the department head and exercise those functions assigned to him by law.
Section 1302. State Board of Workmen's Compensation--Contin ued. The State Board of Workmen's Compensation, created in Ga. Laws 1943, p. 167, as amended (Ga. Code Ann. Sec. 54-108), and its functions are continued.
Section 1303. Director of Administration--Created. There is created the position of Director of Administration under the State Board of Workmen's Compensation who shall be responsible for handling the administrative functions of the agency. He shall be both appointed and removed by the State Board of Workmen's Compensation subject to the approval of the Governor.

, CHAPTER 14. DEPARTMENT OF LAW
Section 1401. Department of Law Continued; Head. The Depart ment of Law, created in Georgia Laws 1943, p. 284, as amended (Ga. Code Ann. Sec. 46-1612), and its functions are continued. The Attorney General as provided by the Constitution, Article V, Section II, Para graph I, is the department head and shall exercise those functions au thorized by law.
Section 1402. State Library Transferred. The State Library, created in Georgia Laws 1947, p. 1166 (Ga. Code Ann. Sec. 101-101), is continued and transferred to the Department of Law. The State Library shall be under the direction and supervision of the Attorney General.

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CHAPTER 15. DEPARTMENT OF NATURAL RESOURCES

Section 1501. Department of Natural Resources--Created; Head,

(a) There is created a Department of Natural Resources.

(b) There is created the position of Commissioner or Natural Re sources. The Commissioner shall be both appointed and removed by the State Game and Fish Commission subject to approval of the Governor. Subject to the general policy established by the State Game and Fish Commission, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the De partment of Natural Resources by this Act.

Section 1502. Department of Mines Functions Transferred. All of the functions of the Department of Mines, Mining and Geology, created in Georgia Laws 1937, p. 264, as amended (Ga. Code Ann. Sec. 43-117), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Department of Mines, Mining, and Geology means the Department of Natural Resources.

Section 1503. Department of State Parks--Functions Transferred. All of the functions of the Department of State Parks, Historic Sites, and Monuments, created in Georgia Laws 1937, p. 264, as amended (Ga. Code Ann. Sec. 43-120 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Department of Parks, Historic Sites, and Monuments means the Department of Natural Resources.
Section 1504. State Division of Conservation--Functions Trans ferred. All of the functions of the State Division of Conservation and of the Commissioner of Conservation, created in Georgia Laws 1943, p. 180, as amended (Ga. Code Ann. Sec. 43-101 et al.), are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the State Division of Conserva tion or the Commissioner of Conservation means the Department of Natural Resources.
Section 1505. Chattahoochee River Basin Commission Functions Transferred. All of the functions of the Georgia Commission for the Development of the Chattahoochee River Basin, created in Georgia Laws, 1967, p. 805, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Georgia Commission for the Development of the Chattahoochee River Basin means the Department of Natural Resources.
Section 1506. Altamaha River Basin Commission -- Functions Transferred. All of the functions of the Altamaha River Basin Commis sion, created in Georgia Laws 1970, p. 632, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Altamaha River Basin Com mission means the Department of Natural Resources.

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Section 1507. Georgia Recreation Commission--Functions Trans ferred. All of the functions of the Georgia Recreation Commission, created in Georgia Laws 1963, p. 445, as amended (Ga. Code Ann. Sec. 99-2301 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Georgia Recreation Commission means the De
partment of Natural Resources.

Section 1508. Ty Cobb Memorial Commission--Functions Trans ferred. All of the functions of the Ty Cobb Baseball Memorial Commis sion, created in Georgia Laws 1962, p. 674, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Ty Cobb Baseball Memorial Commission means the Department of Natural Resources.

Section 1509. Surface Mined Land Use Board--Functions Trans ferred. All of the functions of the Surface Mined Land Use Board, created in Georgia Laws 1968, p. 9, as amended (Ga. Code Ann. Sec. 43-1404), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Surface Mined Land Use Board means the Department of Natural Resources.

Section 1510. Coastal Marshlands Functions Transferred. All of the functions of the Coastal Marshland Protection Agency, created in Georgia Laws 1970, p. 939 (Ga. Code Ann. Sec. 45-136), and its units are transferred to the Department of Natural Resources. Unless in consistent with this Act, any reference in Georgia Laws to the Coastal Marshlands Protection Agency means the Department of Natural Re sources.

Section 1511. Georgia Natural Areas Council--Functions Trans ferred. All of the functions of Georgia Natural Areas Council, created in Georgia Laws 1969, p. 750, as amended (Ga. Code Ann. Sec. 43-1203), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Georgia Natural Areas Council means the Department of Natural Re sources.

Section 1512. Georgia Waterways Commission--Functions Trans ferred. All of the functions of the Georgia Waterways Commission, created in Georgia Laws 1953, Nov.-Dec. Sess., p. 67 (Ga. Code Ann. Sec. 17-301), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Georgia Waterways Commission means the Department of Natural Resources.
Section 1513. North Georgia Mountains Commission--Functions Transferred. All of the functions of the North Georgia Mountains Com mission, created in Georgia Laws 1968, p. 291 (Ga. Code Ann. Sec. 99-2701 et al.), and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the North Georgia Mountains Commission means the Department of Natural Resources.

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Section 1514. Lake Lanier Islands Development Commission-- Functions Transferred. All of the functions of the Lake Lanier Islands Development Commission, created in Georgia Laws 1969, p. 392, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Lake Lanier Islands Development Commission means the Department of Natural Resources.

Section 1515. Citizens Environmental Council--Functions Trans ferred. All of the functions of the Citizens Environmental Council, created in Georgia Laws 1971, p. 788, and its units are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Citizens Environmental Council means the Department of Natural Resources.

Section 1516. Rivers and Harbors Development Commission-- Functions Transferred. All of the functions of the Rivers and Harbors Development Commission, created in Georgia Laws 1967, p. 516, and its units are transferred to the Department of Natural Resources. Un less inconsistent with this Act, any reference in Georgia Laws to the Rivers and Harbors Development Commission means the Department of Natural Resources.

Section 1517. State Water Quality Control Board, Division for Georgia Water Quality Control--Functions Transferred. All of the func tions of the State Water Quality Control Board and the Division for Georgia Water Quality Control, created in Georgia Laws 1964, p. 416, as amended (Ga. Code Ann. Sec. 17-504), are transferred to the Depart ment of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the Department of Public Health or the Board of Health relating to the functions transferred in this Section and in Sections 1528 through 1531 to the Department of Natural Re sources means the Department of Natural Resources.

Section 1518. Ocean Science Center of the Atlantic--Functions Transferred. All functions of the Ocean Science Center of the Atlantic Commission, created in Georgia Laws 1967, p. 12, as amended (Ga. Code Ann. Sec. 43-1301, et al.), except those functions transferred in Sec tion 705 and 2203 of this Act, are transferred to the Department of
Natural Resources.

Section 1519. Jekyll Island State Park Authority--Continued; As signed. The Jekyll Island State Park Authority, created in Georgia Laws 1950, p. 152, as amended (Ga. Code Ann. Sec. 43-601a, et al.), and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Act.

Section 1520. Stone Mountain Memorial Association--Continued; Assigned. The Stone Mountain Memorial Association, created in Georgia Laws 1958, p. 61, as amended, and its functions are continued. The Association is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Act.

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Section 1521. Groveland Lake Development Authority--Continued; Assigned. The Groveland Lake Development Authority, created in Geor gia Laws 1969, p. 572, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Act.

Section 1522. North Georgia Mountains Authority--Continued; Assigned. The North Georgia Mountains Authority, created in Georgia Laws, 1968, p. 297, as amended (Ga. Code Ann. Ch. 99-32), and its func tions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed by Section 105 of this Act.

Section 1523. Lake Lanier Islands Development Authority--Con tinued; Assigned. The Lake Lanier Islands Development Authority, created in Georgia Laws 1962, p. 736, as amended, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Act.

Section 1524. Kinchafoonee Lake Authority--Continued; Assigned. The Kinchafoonee Lake Authority, created in Georgia Laws 1970, p. 3379, and its functions are continued. The Authority is assigned to the Department of Natural Resources for administrative purposes only as prescribed by Section 105 of this Act.

Section 1525. Bond Indebtedness. Nothing in this Act shall affect in any way the obligations of any authorities with respect to their bond indebtedness.

Section 1B26. Herty Foundation Functions Continued; Assigned. The Herty Foundation, created in Georgia Laws 1937-38 Ex. Sess. p. 191 (Ga. Code Ann. Sec. 43-501), and its functions are continued. The Foundation is assigned to the Department of Natural Resources for administrative purposes only as prescribed in Section 105 of this Act.

Section 1527. State Game and Fish Commission--Continued. The State Game and Fish Commission, created in the Constitution, Article V, Section IV, Paragraph I, is continued and shall establish the general policies to be followed by the Department of Natural Resources. The operational, field, and administrative functions of the State Game and Fish Commission, set forth in Georgia Laws 1955, p. 483, as amended (Ga. Code Ann. Sec. 45-103 et al.), are transferred to the Department of Natural Resources. The State Game and Fish Commission shall have all the policy-making functions previously granted by law to those agencies whose functions are transferred to the Department of Natural Resources by this Act.

Section 1528. Oyster Bed Inspection Functions Transferred. All functions pertaining to oyster bed inspection, Georgia Laws 1955, p. 483 (Ga. Code Ann. Sec. 45-926 et al.), performed by the State Depart ment of Public Health are transferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia

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Laws to the functions transferred in this Section means the Department of Natural Resources.

Section 1529. Air Quality Control Functions Transferred. All functions related to Air Quality Control, Georgia Laws 1967, p. 581, as amended (Ga. Code Ann. Sec. 88-903 et al.), performed by the Depart ment of Public Health and the Board of Health are transferred to the Department of Natural Resources. Unless inconsistent with this Act,
any reference in the Georgia Laws to the functions transferred in this Section means the Department of Natural Resources.

Section 1530. Water Supply Quality Control--Functions Trans ferred. All functions related to Water Supply Quality Control, Georgia Laws 1964, p. 499 (Ga. Code Ann. Sec. 88-2601 et al.), performed by the Department of Public Health and the Board of Health are trans ferred to the Department of Natural Resources. Unless inconsistent with this Act, any reference in Georgia Laws to the functions trans ferred in this Section means the Department of Natural Resources.

Section 1531. Solid Waste Management--Functions Transferred. All of the functions related to Solid Waste Management performed by the Department of Public Health and the Board of Health are trans ferred to the Department of Natural Resources.

Section 1532. Additional Functions. The Commissioner of the De partment of Natural Resources with the approval of the Governor is hereby authorized to implement the United States "Land and Water Conservation Fund Act of 1965", Pub. Law 88-578 (1965), and the Georgia "State Assistance Fund" as established by the General As sembly of the State of Georgia, Georgia Laws 1969, p. 855, as amended, and shall have all powers, duties and authority of office as provided by the laws of Georgia.

Section 1533. Compact Representation--Designation. The Commis sioner or his designated representative shall represent the State in the Interstate Environmental Compact, Georgia Laws 1971, p. 194. The Com missioner or his designated representative shall be the Compact Ad ministrator for the State of Georgia to the Southeastern Interstate Forest Fire Protection Compact, Ga. Laws 1953, Nov.-Dec. Sess., p. 49The Commissioner or his designated representative shall be a com missioner to the Atlantic States Marine Fisheries Commission, Ga. Laws 1955, p. 483.

Section 1534. Division of Environmental Protection--Created; Head; Functions Transferred. There is created within the Department a Division of Environmental Protection. All of the functions transferred to the Department in Sections 1517, 1529, 1530, and 1531 of this Act and those functions of the Georgia Surface Mined Land Use Board, transferred to the Department in Section 1509 of this Act, relating to strip mining are hereby assigned to the Division of Environmental Pro tection. The Division shall have a Director who shall be both appointed and removed by the State Game and Fish Commission with the approval of the Commissioner of the Department. The position of Director shall be included in the classified service. The Director of the Division shall

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be responsible for enforcing the environmental protection laws of Georgia, including those enumerated above and any others which may be assigned to the Division.

CHAPTER 16. DEPARTMENT OF PUBLIC SAFETY
Section 1601. Department of Public Safety--Created. There is created a Department of Public Safety.
Section 1602. Commissioner of Public Safety--Created. There is created the position of Commissioner of Public Safety. The Commis sioner shall be the chief administrative officer and shall be both ap pointed and removed by the Board with the approval of the Governor. Except as otherwise provided by this Act, and subject to the general policy established by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer and execute the functions vested in the Department by this Act.
Section 1603. Department of Public Safety--Function Transferred. All of the functions of the Department of Public Safety created in Georgia Laws 1937, p. 322, as amended (Ga. Code Ann. Sec. 92A-101 et seq.), and its units, except the policy-making functions transferred to the Board in Section 1609 of this Act, are transferred to the Depart ment of Public Safety created in this Chapter. Unless inconsistent with this Act, any reference in Georgia Laws to the Department of Public Safety means the Department of Public Safety created in this Chapter.
Section 1604. Additional Functions Transferred to Department. The functions of the Public Service Commission relating to the per formance of safety inspections of motor vehicles pursuant to Georgia Laws 1931, Ex. Sess., pp. 99, 111 and Georgia Laws 1931, pp. 199, 209 (Ga. Code Ann. Sec. 68-251 (a), 68-627 (a)), are transferred to the Department of Public Safety. The Public Service Commission shall retain the responsibility for establishing inspection criteria for vehicles subject to its regulation. Unless inconsistent with this Act, any reference in Georgia Laws to the Public Service Commission relating to the per formance of its vehicle safety inspection functions means the Depart ment of Public Safety.
Section 1605. Office of Coordinator of Highway Safety--Con tinued; Renamed; Transferred. The office of Coordinator of Highway Safety provided for in Georgia Laws 1967, pp. 708, 709 (Ga. Code Ann. Sec. 92A-1001), is continued, is renamed the Office of Highway Safety, and the Office is transferred to the Department. The director of the Office shall report to the Commissioner of Public Safety who is hereby designated the Governor's Highway Safety Representative. The Office of Highway Safety is charged and empowered to carry out the re sponsibilities established by the National Highway Safety Act of 1966, Pub. Law 89-564, as amended. Unless inconsistent with this Act, any reference in Georgia Laws to the Coordinator of Highway Safety means the Office of Highway Safety.
Section 1606. Georgia Peace Officer Standards and Training

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Council Continued; Assigned. The Georgia Peace Officer Standards and Training Council, created in Georgia Laws 1970, p. 208 (Ga. Code Ann. Sec. 92A-2103 et seq.), and its functions are continued. The Council is assigned to the Department for administrative purposes only as pre scribed in Section 105 of this Act.

Section 1607. Georgia Police Academy Board--Functions Trans ferred to Peace Officer Standards and Training Council. All of the functions of the Georgia Police Academy Board, created in Georgia Laws 1962, p. 535 (Ga. Code Ann. Sec. 32-3201), are transferred to the Geor gia Peace Officer Standards and Training Council, provided for in Sec tion 1606 of this Act. Unless inconsistent with this Act, any reference in Georgia Laws to the Georgia Police Academy Board means the Georgia Peace Officer Standards and Training Council.

Section 1608. Division of Investigation--Created. There is created a Division of Investigation within the Department. The division head shall be a Director who is appointed by and serves at the pleasure of the Board, and who reports directly to the Board. The functions enumerated in Sections 1608.1 and 1608.2 shall be assigned to the Division of In vestigation.

Section 1608.1. Functions Assigned to Division. The functions of the Bureau of Investigation, provided for in Georgia Laws 1937, pp. 322, 340 (Ga. Code Ann. Sec. 92A-301 et seq.), and transferred to the Department in Section 1603 of this Act are assigned to the Division of Investigation.

Section 1608.2. Functions Assigned to Division. The functions of the said Crime Laboratory, referred to in Georgia Laws 1953, p. 602, as amended (Ga. Code Ann. Sec. 21-203, et al.), and transferred to this Department in Section 1603 of this Act are assigned to the Division of Investigation.

Section 1609. Functions Transferred to Board. The policy-making functions of the Department of Public Safety, contained in Georgia Laws 1937, p. 322, as amended (Ga. Code Ann. Sec. 92A-101 et seq.), are transferred to the Board of Public Safety created in this Chapter. Un less inconsistent with this Act, any reference in Georgia Laws to the Department of Public Safety relating to its policy-making functions means the Board of Public Safety created in this Chapter.

Section 1610. Commission Abolished. The Georgia Study Commis sion on Law Enforcement Officer Standards and Education, created in Georgia Laws 1968, p. "829, is abolished, and said Act and all amendments thereto are hereby repealed.
Section 1611. Committee Abolished. The Governor's Traffic Safety Study Committee, created in Georgia Laws 1968, p. 1384, is abolished, and said Act and all amendments thereto are hereby repealed.

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CHAPTER 17. DEPARTMENT OF REVENUE

Section 1701. Department of Revenue, created in Georgia Laws 1937-38, Ex. Sess., p. 77 (Ga. Code Ann. Sec. 92-8402), and its functions, except the motor fuel testing and pump calibration functions, the State Oil Chemist and his functions, both of which are transferred in Sec tions 504 and 505 respectively of this Act to the Department of Agri culture and the motor vehicle tag inspection functions are motor carrier permit inspection functions, both of which are transferred to the De partment of Transportation, in Section 2007 of this Act, are continued as presently provided by law. The office of State Revenue Commissioner, created by Georgia Laws 1937-38, Ex. Sess., p. 77 (Ga. Code Ann. Sec. 92-8402), and other statutorily created offices of the Department, are continued.

The State Revenue Commissioner shall be the Department head and shall continue to exercise his functions as provided by law.

Section 1702. Board of Settlements and Compromises, provided for in Georgia Laws 1953, p. 185 (Ga. Code Ann. Sec. 92-8411.1), and its functions are continued. The Board is assigned to the Department for administrative purposes only as prescribed in Section 105 of this Act.

Section 1703. Council to Investigate the Suspension of the State Revenue Commissioner--Abolished. The Council to Investigate the Suspension of the State Revenue Commissioner, provided for in Georgia Laws 1937-38 Ex. Sess., pp. 77, 80 (Ga. Code Ann. Sec. 92-8403), and its functions are abolished, and said Act and all amendments thereto are hereby repealed.

CHAPTER 18. SECRETARY OF STATE
Section 1801. Secretary of State--Continued. The Secretary of State, provided for in Article V, Section II, Paragraph I of the Constitu tion, and his functions are continued except those functions enumerated in Sections 1802 and 1803.
Section 1802. Functions Transferred. The functions of the Georgia Building and Loan Commissioner are transferred to the Department of Financial Regulation in Section 1104 of this Act.
Section 1803. Functions Transferred. Certain functions relating to Real Property Inventory are transferred to the Department of Ad ministrative Services in Section 409 of this Act. The Secretary of State shall retain the function of filing and retaining conveyances and plats.
Section 1804. Georgia Commission for the National Bicentennial Celebration Continued; Assigned. The Georgia Commission for the National Bicentennial Celebration, created in Georgia Laws 1969, p. 1074, is continued and is assigned to the Secretary of State for adminis trative purposes only as prescribed in Section 105 of this Act.

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Section 1805. Claims Advisory Board--Continued; Assigned. The Claims Advisory Board, created in Georgia Laws 1963, p. 624 (Ga. Code Ann. Sec. 47-504), and its functions are continued. The Claims Advisory Board is assigned to the Secretary of State for administrative purposes only as prescribed in Section 105 of this Act.

CHAPTER 19. STATE SCHOLARSHIP COMMISSION
Section 1901. State Scholarship Commission--Continued. The State Scholarship Commission, provided for in Article VII, Section I, Para graph II of the Constitution, and its functions are continued.
Section 1902. Georgia Higher Education Assistance Corporation-- Continued; Assigned. The Georgia Higher Education Assistance Corpo ration, provided for in Article VII, Section I, Paragraph II of the Con stitution, and its functions are continued. The Corporation is assigned to the State Scholarship Commission for administrative purposes only as prescribed in Section 105 of this Act.
Section 1903. Georgia Higher Education Assistance Authority-- Continued; Assigned. The Georgia Higher Education Assistance Au thority, created by Georgia Laws 1969, p. 683 (Ga. Code Ann. Ch. 32-37), and its functions are continued. The Authority is assigned to the State Scholarship Commission for administrative purposes only as prescribed in Section 105 of this Act.
Section 1904. Georgia Higher Education Assistance Committee-- Abolished. The Georgia Higher Education Assistance Committee, created in Georgia Laws 1968, p. 1082 (Ga. Code Ann. Sec. 32-3401), is abolished, and said Act and all amendments thereto are hereby repealed.

CHAPTER 20. DEPARTMENT OF TRANSPORTATION
Section 2001. Department of Transportation--Created; Head; Chief Executive Officer. There is created a Department of Transporta tion. The department head shall be the State Highway Board. The chief executive officer of the Department is the Director.
Section 2002. State Highway Board Continued; Functions. The State Highway Board, provided for in Article V, Section XI, Paragraph I of the Constitution, and its functions are continued. The State High way Board shall establish the general policies to be followed by the Department of Transportation.
Section 2003. Director of State Highway Department--Continued; Renamed Director of Department of Transportation. The position of Director of the State Highway Department of Georgia, created by Georgia Laws 1963, p. 3, as amended (Ga. Code Ann. Sec. 95-1602), and its functions are continued, and the position shall be renamed Director of the Department of Transportation. Unless inconsistent with "this Act, any reference in Georgia Laws to the Director of the State High-

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way Department of Georgia means the Director of the Department of Transportation created in this Act.

Section 2004. State Highway Department of Georgia--Functions Transferred. All of the functions of the State Highway Department of Georgia, created by Georgia Laws 1919, p. 244, as amended (Ga. Code Ann. Ch. 95-15), except the self-insurance workmen's compensation functions transferred to the Department of Administrative Services in Section 406 of this Act, are transferred to the Department of Trans portation created in this Act. Unless inconsistent with this Act, any reference in Georgia Laws to the State Highway Department of Georgia means the Department of Transportation created in this Act.

Section 2005. Additional Functions Transferred. The functions of the Department of Industry and Trade and the Board of Commissioners of the Department of Industry and Trade relating to airports, aviation, landing fields, other aviation facilities, air routes and air markers, pro vided for in Georgia Laws 1949, p. 249, as amended (Ga. Code Ann. Sec. 40-2107) and Georgia Laws 1965, p. 105 (Ga. Code Ann. Sec. 11-304, 305), are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia Laws to the Department of Industry and Trade or the Board of Commissioners of the Department of Industry and Trade relating to the functions transferred to the Department in this
Section means the Department of Transportation created in this Act.

Section 2006. Additional Functions Transferred. The functions and funding programs of the Department of Industry and Trade and the Board of Commissioners of the Department of Industry and Trade relating to the Metropolitan Atlanta Rapid Transit Authority, created by Georgia Laws 1965, p. 2243, as amended, are transferred to the Department. Unless inconsistent with this Act, any reference in Georgia Laws to the Department of Industry and Trade or the Board of Commissioners of the Department of Industry and Trade relating to the functions and programs transferred to the Department in this Section means the Department of Transportation created in this Act.

Section 2007. Additional Functions Transferred. The functions, ex cept personnel, budget, and unexpended balances of appropriations, of the Department of Revenue relating to the inspection of motor carrier permits and motor vehicle tags are transferred to the Department of Transportation.

CHAPTER 21. TREASURER AND TREASURY DEPARTMENT

Section 2101. Treasurer and Treasury Department--Continued. The State Treasurer, provided for in Article V, Section II, Paragraph I of the Constitution, and the Treasury Department, provided for in Georgia Laws 1828, Cobb, p. 1027, as amended (Ga. Code Ann. Ch. 40-9), and their functions are continued except those functions enumerated in Sections 2102 and 2103.

Section 2102. Functions Transferred. The functions relating to the payment of salaries and expenses to Judges and District Attorneys are

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transferred to the Department of Administrative Services in Section 408 of this Act.

Section 2103. Functions Transferred. The functions relating to the distribution of State funds under the Minimum Foundation Program of Education Act are transferred to the Department of Education in Sec tion 1003 of this Act.

CHAPTER 22. BOARD OF REGENTS OF THE UNIVERSITY SYSTEM OF GEORGIA
Section 2201. Board of Regents of the University System of Geor gia--Continued. The Board of Regents of the University System of Georgia, provided for in Article VIII, Section IV, Paragraph I of the Constitution, and its functions are continued.
Section 2202. Regents of the University System of Georgia--Con tinued. The Regents of the University System of Georgia, created by Georgia Laws 1931, p. 7 (Ga. Code Ann. Sec. 32-101), and its functions are continued.
Section 2203. Ocean Science Center of the Atlantic Commission-- Functions Transferred. The functions of the Ocean Science Center of the Atlantic Commission, provided for in Georgia Laws 1967, p. 12, as amended (Ga. Code Ann. Sec. 43-1301), to establish and cause to be operated one or more marine resources extension center and the Oceanographic Research Center are transferred to the Board of Regents of the University System of Georgia. Unless inconsistent with this Act, any reference in Georgia Laws to the Ocean Science Center of the Atlantic Commission relating to the functions transferred to the Board of Regents of the University System in this Section means the Board of Regents of the University System of Georgia.
Section 2204. Functions Transferred. All of the functions of the Georgia Agrirama and the Georgia Agrirama Board of Governors, cre ated by Georgia Laws 1970, p. 568 (Ga. Code Ann. Sec. 32-301a-304a), are transferred to the Board of Regents.
Section 2205. State Medical Education Board--Continued; As signed. The State Medical Education Board, created in Article VII, Sec tion I, Paragraph II of the Constitution, and its functions are continued. The Board is assigned to the Board of Regents of the University System of Georgia for administrative purposes only as prescribed in Section 105 of this Act.
Section 2206. Board of Regents of the University System of Geor gia Scholarships Continued; Assigned. The Board of Regents of the University System of Georgia Scholarships, provided for in Article VII, Section I, Paragraph II of the Constitution, are continued and shall continue to be administered by the Board of Regents of the University System of Georgia.

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CHAPTER 23. STATE DEPARTMENT OF VETERANS SERVICE

Section 2301. State Department of Veterans Service and Veterans Service Board Continued. The State Department of Veterans Service and the Veterans Service Board, created by Article V, Section VI, Para graph I of the Constitution and their functions are continued. The Veterans Service Board shall have such control, duties, powers, and jurisdiction of the State Department of Veterans Service as shall be provided by law. The Board shall appoint a Director who shall be the executive officer of the Department. Members shall continue to serve as presently appointed and all future appointments shall be made as pro vided by the Constitution.

Section 2302. Functions Transferred. The functions of the State Department of Family and Children Services pertaining to the care of widows of Confederate veterans, as prescribed in Georgia Laws 1946, p. 84 (Ga. Code Ann. Sec. 35-906), are transferred to the State Department of Veterans Service. Unless inconsistent with this Act, any reference in Georgia Laws to the State Department of Family and Children's Services with respect to the functions transferred in this Section means the State Department of Veterans Service.

CHAPTER 24. ADDITIONAL AGENCIES ABOLISHED.
Section 2401. Commission of Constitutional Government--Abol ished. The Commission of Constitutional Government, created in Georgia Laws 1959, pp. 5, 23, is abolished, and said Act and all amendments thereto are hereby repealed.
Section 2402. Governor's Award for Heroism Committee--Abol ished. The Governor's Award for Heroism Committee, created in Georgia Laws 1970, p. 743, is abolished, and said Act and all amendments thereto are hereby repealed.
Section 2403. Georgia Interdepartmental Council for the Handi capped Abolished. The Georgia Interdepartmental Council for the Handi capped, created in Georgia Laws 1968, p. 1079, is abolished, and said Act and all amendments thereto are hereby repealed.
Section 2404. Forward Georgia Commission--Abolished. The For ward Georgia Commission, created in Georgia Laws 1968, p. 980, is abol ished, and said Act and all amendments thereto are hereby repealed.

CHAPTER 25. ADDITIONAL PROVISIONS
Section 2501. Classification of Positions. The position of, or person occupying the position of, head of department or division director of any agency created by the transfer of functions shall be in the unclassified service as defined in the Acts governing the State Merit System, except for the Director of the Personnel Division of the Department of Admin-

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istrative Services, the official of the Department of Human Resources in charge of Vocational Rehabilitation, and the Director of the Environ mental Protection Division of the Department of Natural Resources who shall be in the classified service. The position of head of department or division director of any agency created by the transfer of functions shall be new positions. The State Personnel Board shall adopt rules and regulations not inconsistent with this Act to effectuate the transfer of positions and personnel and the classification of such positions.

Section 2502. Severability. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged in valid 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 sections, subsections, sentences, clauses or phrases so declared or adjudged invalid or uncon stitutional were not originally a part hereof. The General Assembly here by declares that it would have passed the remaining parts of this Act even if it had known that part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 2503. Effective Date. The Governor is authorized to ef fectuate and implement any chapter, section or subsection of this Act by Executive Order immediately after approval of the Act. Any chapter, section or subsection of this Act which has not been effectuated by July 1, 1972, shall become effective on that unless otherwise provided by law.

Section 2504. An Act authorizing the Governor to effectuate the reorganization of the Executive Branch, approved February 15, 1971 (Ga. Laws 1971, p. 4), is hereby amended as follows:
(a) By striking Section 2 in its entirety and inserting in lieu there of a new Section 2 to read as follows:

"Section 2. The Governor, as Chief of the Executive Branch of State Government and responsible for its economic and efficient
fiscal management, is hereby charged and authorized, acting within and subject to constitutional limitations and the provisions of this
Act, to propose the reorganization of any agencies."

(b) By striking Section 4 in its entirety and inserting in lieu there of a new Section 4 to read as follows:

"Section 4. Whenever the Governor makes a proposal for re organization a bill shall be prepared containing his recommendations for reorganization. The Governor shall cause such bill to be intro duced into the General Assembly and such bill shall receive the same number of readings and be subject to the same procedure as re quired by the Constitution and laws of this State for the passage of any other bill. No reorganization or part thereof proposed by the Governor shall become effective until such bill as introduced or as changed by the General Assembly becomes law."

THURSDAY, JANUARY 27, 1972

841

Section 2505. 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, M. Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Berry Black Blackshear Bohannon Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Clements Cole Colwell Coney, G. D. Connell Dailey Daugherty Dean, N. Dent Dixon Dorminy Egan Evans Ezzard

Parrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Gignilliat Grahl Granade Grantham Greer Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Howell Hudson, Ted Isenberg Jessup Jones, Herb Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas

Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Mullinax Murphy Northcutt Nunn Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Russell, A. B.

842
Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R.

JOURNAL OF THE HOUSE,

Smith, V. T. Snow Sorrells Stephens Sweat Toles Townsend Triplett Tripp

Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T.

Those voting in the negative were Messrs.

Bo wen Collins, S.

Conger Howard

Lewis Ross

Those not voting were Messrs.:

Bell Bennett, J. T. Bennett, T. Bond Bostick Brantley, H. L. Carter Cheeks Collier Collins, M. Coney, J. L. Cook Davis, E. T. Davis, W. Dean, Gib

Dean, J. E. Drury Edwards Gary Geisinger Griffin Groover Hills, B. L. Hill, G. Hood Housley Hudson, C. M. Hutchinson Johnson Jones, J. R.

Lane, W. J. Milford Nessmith Noble Odom Patten Rush Russell, W. B. Strickland Thomason Thompson Wilson Wood, R. E. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 145, nays 6.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
Messrs. Wilson of the 117th, Coney of the 118th, Wood of the 75th and Rush of the 51st stated that they had been called from the floor of the House when the roll was called on the passage of HB 1372, by substitute. They wished to be recorded as voting "aye".

THURSDAY, JANUARY 27, 1972

843

Mr. Thomason of the 77th requested the following statement appear in the Journal:

"Mr. Clerk:

I was unable to vote on HB 1372 because I was helping a large group of law enforcement officials work on their legislative program.

I would have voted in the affirmative.

(Signed) Thomason of the 77th."

Mr. Busbee of the 61st moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

844

JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Friday, January 28, 1972

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. Charles J. Granade, Pastor, Wynnton Baptist Church, Columbus, Georgia:
Our Heavenly Father, we thank You for this new day. One that we have never seen before and one that we will never see again. Help us to use the time wisely for Your glory. Bless these men in their responsibili ties, bless the Governor, the Speaker and each of these representatives. Help us to remember that righteousness exalts the nation but sin is a reproach to any people. Guide these men in their duties this day. Bless their homes, their districts and all of their responsibilities, giving them traveling mercies as they go to their various homes at the end of today's session. In Thy holy Name 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. 3. Second reading of Bills and Resolutions.
4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions. 7. That the Speaker may in his discretion call up any Bill on the General Calendar in any order that he desires.

FRIDAY, JANUARY 28, 1972

845

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

HB 1490. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act prescribing an additional procedure for the exercise of the power of eminent domain, so as to change the provisions relative to continuing or delaying a hearing before the special master; and for other purposes.
Referred to the Committee on State of Republic.

HB 1491. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to provide that a party may obtain discovery of any insuarnce agreement; and for other purposes.
Referred to the Committee on Judiciary.

HB 1492. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 81-1402, relating to granting continuances for attendance on General Assembly by party or counsel, so as to change the provisions relative to granting continuances for such purpose; and for other purposes.
Referred to the Committee on Judiciary.

HB 1493. 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.
HR 638-1493. By Mr. Jones of the 4th: A Resolution compensating Mr. Luther V. Key; and for other purposes.
Referred to the Committee on Appropriations.
HR 639-1493. By Mr. Jones of the 4th: A Resolution compensating Mr. H. Franklin Searcy; and for other purposes.
Referred to the Committee on Appropriations.

846

JOURNAL OF THE HOUSE,

HE 640-1493. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A Resolution accepting the bid of Allright Parking of Georgia, Inc., for the Lease of certain property owned by the State adjacent to the rightof-way of the Western and Atlantic Railroad between a point under the Forsyth Street Viaduct and a point north of Foundry Street in Atlanta; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1494. By Messrs. Adams of the 100th, Smith of the 39th, Jessup of the 49th and Williams of the llth:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide for additional re quirements relative to brake drums; to provide that the inspection of head lights shall be accomplished in accordance with the requirements to be prescribed by the Department of Public Safety; and for other pur poses.
Referred to the Committee on Motor Vehicles.

HB 1495. By Messrs. Brantley of the 52nd, Lane of the 44th, Nessmith of the 44th, Triplett of the 93rd, Battle of the 90th, Jones of the 87th and others:
A bill to be entitled an Act to amend an Act implementing the require ments of the Federal Intergovernmental Cooperation Act of 1968, so as to change the provisions relative to the boundaries of Area Planning and Development Commissions; and for other purposes.
Referred to the Committee on Rules.

HB 1496. By Messrs. Colwell of the 5th, Clements and Hays of the 1st, Peters of the 2nd, Bennett of the 71st, Davis of the 86th, Jones of the 4th and others:
A Bill to be entitled an Act to provide for the redistribution of payments made to the State of Georgia by the Tennessee Valley Authority in lieu of taxes; and for other purposes.
Referred to the Committee on Ways and Means.

HR 641-1496. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create a State Court of Claims; and for other purposes.
Referred to the Committee on Judiciary.

FRIDAY, JANUARY 28, 1972

847

HB 1497. By Messrs. Rainey of the 47th, Peters of the 2nd, Housley of the 117th, Hays of the 1st, Dent of the 79th, Leggett of the 67th, Hudson of the 48th, Alien of the 92nd, Stephens of the 103rd and Griffin of the 68th:
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 Game and Fish Commission, so as to change the provisions relative to the use of or the possession by any person of any wildlife contrary to any of the wildlife laws, rules and regulations; and for other pur poses.
Referred to the Committee on Game and Fish.

HB 1498. By Messrs. Chandler of the 34th, Toles of the 9th, and Colwell of the 5th:
A Bill to be entitled an Act to amend Code Chapter 91-8A, relative to a central inventory of State owned personal property, so as to delete certain requirements relative to said inventory; to change the provisions relative to the property subject to said inventory; and for other pur poses.
Referred to the Committee on State Institutions and Property.

HR 642-1498. By Messrs. Tripp and Jessup of the 49th: A Resolution compensating Shirley Barron; and for other purposes.
Referred to the Committee on Appropriations.
HR 643-1498. By Messrs. Levitas of the 77th and Vaughn of the 74th: A Resolution proposing an amendment to the Constitution so as to make it possible for the State and State Agencies to fully comply with that certain Act of Congress known as the Uniform Relocation Assistance and Land Acquisition Policies Act in order to avoid the loss of large sums of money from the Federal Government and to authorize the General Assembly to require provisions be made for relocation assist ance; and for other purposes.
Referred to the Committee on Highways.
HB 1499. By Mr. Greer of the 95th: A Bill to be entitled an Act to amend Code Section 58-609, relating to the giving or furnishing of intoxicating or malt beverages on election days, so as to prohibit the giving or furnishing of intoxicating or malt beverages on election days only within the political unit holding the elec tion; and for other purposes.
Referred to the Committee on Temperance.

848

JOURNAL OF THE HOUSE,

HB 1500. By Messrs. Kreeger, Atherton, Wilson, Howard, Burruss and McDaniell 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; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 644-1500. By Messrs. Wilson, McDaniell, Kreeger, Burruss and Atherton of the 117th:
A Resolution proposing an amendment to the Constitution so as to create the City of Dallas Parking Authority; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 645-1500. By Messrs. Wilson, McDaniell, Housley, Kreeger, Atherton and Burruss of the 117th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of Cobb County who is 62 years of age or over and who has an income not exceeding $5,000 per annum, shall be granted an exemption from all ad valorem taxation for educa tional purposes levied by said county; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 646-1500. By Messrs. Wilson, Kreeger, McDaniell, Burruss and Atherton of the 117th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of the City of Marietta who is 62 years of age or over and has an income from all sources not exceeding $5,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes levied by said city; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 647-1500. By Messrs. Murphy and Dean of the 19th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Haralson County to enter into contracts with individuals, private firms and corporations for the lease or lease-purchase of certain facilities not exceeding 30 years for the use of governmental proprietary and administrative functions and to

FRIDAY, JANUARY 28, 1972

849

obligate said county to pay for the use of facilities from tax funds and other sources; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 648-1500. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Resolution creating the State Department of Public Health Study Commission; and for other purposes.
Referred to the Committee on Rules.

HB 1501. By Messrs. Alexander of the 96th and Larsen of the 113th:
A Bill to be entitled an Act to amend Code Chapter 26-21, relating to distributing obscene materials, so as to change the provisions of said Code Chapter; to provide that the district attorney of any inferior court of a county may bring an action in the name of the State to abate such nuisance; and for other purposes.
Referred to the Committee on Industry.

HB 1502. By Messrs. Alexander of the 96th and Granade of the 75th:
A Bill to be entitled an Act to amend Code Section 26-2011, relating to public indecency, so as to provide that any person who willfully and knowingly enters into any public restroom or dressing room designated for use by the opposite sex commits public indecency; and for other purposes.
Referred to the Committee on Industry.

HB 1503. By Messrs. Alexander of the 96th and Granade of the 75th:
A Bill to be entitled an Act to amend Code Section 26-1802, relating to theft by taking, so as to provide that a person who interchanges the label from one item of merchandise with a label from another item of merchandise commits theft by taking; and for other purposes.
Referred to the Committee on Industry.
HB 1504. By Messrs. Alexander of the 96th, Marcus of the 105th and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to amend the provision relative to year-round operation of schools to require the State Board of Education to make State funds available to all local units of admin istration or to a particular local unit of administration for the operation of public schools on a year-round basis; and for other purposes.
Referred to the Committee on Education.

850

JOURNAL OF THE HOUSE,

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

HB 1465. By Mr. Carter of the 64th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nashville, so as to provide that candidates seeking elec tion as aldermen shall seek election only to designated posts; and for other purposes.

HB 1466. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act creating the State Com mission on Compensation, so as to provide for additional information to be included in reports issued by the Commission; and for other purposes.

HR 627-1466. By Mr. Egan of the 116th:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the number and the apportionment of the members of the Senate and House of Representatives; and for other purposes.
HB 1467. By Messrs. Pinkston, Evans, Brown, Scarborough and Bennett of the 81st, Coney of the 82nd, Miller of the 83rd and Groover of the 27th:
A Bill to be entitled an Act to consolidate the governments of the City of Macon and Bibb County; to create a new political subdivision to be known as "Macon-Bibb County, Georgia"; and for other purposes.

HB 1468. By Messrs. Mullinax, Ware, Knight and Potts of the 30th:
A Bill to be entitled an Act to authorize officials of certain cities to appoint as peace officers, persons who are citizens of an adjoining state; to provide for qualifications; and for other purposes.

HB 1469. By Messrs. Reaves and Bennett of the 71st:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Brooks County on a salary basis, so as to change the provisions relative to the compensation of the chief deputy sheriff; and for other purposes.

HB 1470. By Mr. Felton of the 95th:
A Bill to be entitled an Act to amend an Act providing for the education and rehabilitation of children of public school age who have handicaps for which there are no facilities for education or rehabilitation in

FRIDAY, JANUARY 28, 1972

851

Georgia, so as to provide that the funds necessary to carry out said Act shall come from funds appropriated to the Board of Education; and for other purposes.

HB 1472. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Clayton County, so as to change the membership of the Board of Commissioners of Clayton County; to change the method of electing county commissioners; and for other purposes.

HB 1473. By Mr. Wood of the llth:
A Bill to be entitled an Act to amend Code Section 56-801b, relating to the definition of certain terms and, in particular, the term "agent", so as to provide that an agent or agency may become in his individual character the agent of an insured or an applicant for insurance to obtain and/or maintain agreed insurance coverages; and for other purposes.

HB 1474. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to authorize counties to levy a tax for public health and sanitation purposes, including water pollution control proj ects, sewage treatment facilities, storm and sanitary sewer facilities, and water facilities; and for other purposes.

HB 1475. By Messrs. Pearce and Buck of the 84th, Berry and Thompson of the 85th, King and Davis of the 86th:
A Bill to be entitled an Act to amend the "Fire Fighter's Mediation Act", so as to repeal the provisions exempting consolidated city-county governments from the provisions of this Act; and for other purposes.

HB 1476. By Mr. Coney of the 118th:
A Bill to be entitled an Act to amend Code Chapter 92-69, relating to county boards of tax assessors, powers and duties, so as to change the provisions relative to the compensation of members of county boards of tax assessors and the secretary thereof; and for other purposes.

HR 628-1476. By Messrs. Wilson, Atherton, Housley, Burruss and Howard of the 117th:
A Resolution authorizing the lease of certain tracts of State owned property located in Cobb County; and for other purposes.

852

JOURNAL OF THE HOUSE,

HR 629-1476. By Messrs. Levitas of the 77th and Pickard of the 84th:
A Resolution proposing an amendment to the Constitution so as to change the name of the Department of Industry and Trade to the De partment of Community Development; and for other purposes.

HR 630-1476. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A Resolution approving certain maps supplementary to those original maps filed in the State Properties Control Commission Office for identification purposes, as being referred to in that certain lease of the Western and Atlantic Railroad by the State to the Louisville and Nash ville Railroad Company dated March 4, 1968; and for other purposes.

HR 631-1476. By Mr. Davis of the 75th:
A Resolution compensating Mr. and Mrs. Lewis J. Burnett; and for other purposes.

HB 1477. By Mr. Smith of the 39th:
A Bill to be entitled an Act to amend an Act providing for the giving of security by certain owners and operators of certain motor vehicles, so as to raise the amount of damage to a motor vehicle which must be incurred before the provisions of said Act apply; and for other purposes.

HB 1478. By Mr. Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety, so as to change the organization of the Headquarters Staff of the Uniform Division of the Department of Public Safety; and for other purposes.

HB 1479. By Mr. Horton of the 95th:
A Bill to be entitled an Act to amend an Act authorizing the governing authorities of municipalities and counties to establish planning commis sions, so as to authorize planning commissions to enter into agreements with political subdivisions and planning commissions, by whatever name known in adjacent states; and for other purposes.

HB 1480. By Messrs. Busbee, Odom, Lee and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to change the requirements and qualifications of the General Manager, Assistant General Manager, and Superintendent of the Water, Gas and Light Commission; and for other purposes.

FRIDAY, JANUARY 28, 1972

853

HB 1481. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act so as to provide that the manner of making appointments to the Albany-Dougherty Hospital Authority may be changed from time to time by joint resolution of the board of commissioners of Albany and the Board of Commissioners of Dougherty County; and for other purposes.

HB 1482. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Title 56 of the Code of Georgia relating to insurance, so as to authorize the purchase of insurance from unauthorized insurers by nuclear insureds who pay the appropriate premium tax thereon to the Commissioner of Insurance; and for other purposes.

HB 1483. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to provide that in certain counties the local tax officials shall cease receiving tax returns on the first day of March; and for other purposes.

HB 1484. By Mr. Jessup of the 49th:
A Bill to be entitled an Act to amend an Act providing for the classifi cation of motor vehicles as a separate and distinct class of tangible property for ad valorem taxation purposes and providing for the differ ent rate method of assessment and manner of collecting said taxes, so as to provide for a maximum valuation on historical vehicles; and for other purposes.

HB 1485. By Messrs. Stephens of the 103rd, Battle of the 90th, Alexander of the 96th, Griffin of the 68th, Lane of the 101st, Adams of the 100th, Shep herd of the 107th, Jones of the 4th, Nunn of the 41st, Dean of the 76th and others: t A Bill to be entitled an Act to amend Code Section 114-401, relating to the period of incapacity, so as to eliminate the seven-day waiting period following incapacity resulting from an injury before compensation is payable; and for other purposes.

HR 633-1485. By Mr. Snow of the 1st:
A Resolution proposing an amendment to the Constitution so as to confer the authority to grant corporate powers and privileges to private com panies to the Secretary of State; and for other purposes.

854

JOURNAL OF THE HOUSE,

HR 634-1485. By Mr. Collier of the 54th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Lee County, to levy, assess and collect license fees and occupational taxes on firms and corporations doing business outside the incorporated municipalities, except businesses which are subject to regulation by the State Public Service Commission; and for other purposes.

HB 1486. By Messrs. Knight of the 30th, Roach of the 10th, Snow of the 1st, Bray of the 31st and Dean of the 13th:
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 accusations, so as to provide for accusations in certain misdemeanor cases; and for other purposes.

HB 1487. By Messrs. Knight of the 30th, Roach of the 10th, Snow of the 1st, Bray of the 31st and Dean of the 13th:
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 accusations, so as to provide that defendants accused of capital felonies may be tried upon an accusation his right to indictment by a grand jury; and for other purposes.

HB 1488. By Messrs. Groover of the 27th, Cole of the 3rd, Hudson of the 28th, Turner of the 3rd, Wheeler of the 57th and Harrison of the 58th:
A Bill to be entitled an Act to provide that the State shall assist certain counties of this State with the delineation of boundary lines of the House and Senate districts and the compilation and preparation of voters' lists necessitated by the reapportionment of the General Assembly based upon the U. S. Decennial Census of 1970; and for other purposes.

HR 635-1488. By Messrs. Chandler of the 34th, Dailey of the 53rd, Black of the 45th, Roach of the 10th, Potts of the 30th, Jones of the 87th and Harri son of the 58th:
A Resolution proposing an amendment to the Constitution so as to abolish the State Board of Corrections; and for other purposes.
HR 636-1488. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Newnan and its Board of Water, Sewerage and Light Commission to combine and operate the water and sewerage system and electric system as one revenue and to issue revenue bonds for extending or improving said facility; and for other purposes.

FRIDAY, JANUARY 28, 1972

855

HR 637-1488. By Messrs. Knight, Mullinax and Ware of the 30th:
A Resolution proposing an amendment to the Constitution so as to authorize counties to develop storm water and sewage collection and disposal systems, and to provide for the development, storage, treatment, purification and distribution of water; and for other purposes.

HB 1489. By Mr. Fraser of the 59th:
A Bill to be entitled an Act to amend Code Section 13-2015, pertaining to limitations on loans on real estate by banks, so as to provide that banks may make loans on real estate held as investments; and for other purposes.

SB 381. By Senator Doss of the 52nd:
A Bill to be entitled an Act to amend an Act amending the Charter of the City of Rome, so as to provide that the portion of eligible employees' monthly salaries in excess of a certain sum shall be exempt from the retirement fund assessment; and for other purposes.

SB 386. By Senators McGill of the 24th, Kennedy of the 4th, and Button of the 9th:
A Bill to be entitled an Act to amend an Act regulating the buying and selling of livestock in Georgia, and to amend an Act prohibiting a dealer or broker, or barn, auction or sales operator from selling, auctioning, transferring or moving infected livestock, so as to authorize the Com missioner of Agriculture to apply to the Superior Courts for injunctions; and for other purposes.

SB 393. By Senator Sutton of the 9th:
A Bill to be entitled an Act to provide the circumstances under which a public school may be closed by the Board of Education of Colquitt Coun ty; and for other purposes.

SB 432. By Senators Young of the 13th, McGill of the 24th, Smith of the 18th and others:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to exempt from the provisions thereof, and rules and regulations issued pursuant thereto, certain agricultural practices, procedures and processes and certain agricultural processing facilities; and for other purposes.

856

JOURNAL OF THE HOUSE,

Mr. Lee of the 21st District, Chairman of the Committee on Industrial Rela tions, submitted the following report:

Mr. Speaker:

Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1167. Do Pass.
HB 1344. Do Pass as Amended.

Respectfully submitted, Lee of the 21st, Chairman.

Mr. Pickard of the 84th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1427. Do Pass. HB 1433. Do Pass. HR 629-1476. Do Pass.
Respectfully submitted, Pickard of the 84th, 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 the same back to the House with the following recommendations:

SB

310. Do Pass, as Amended.

HB 1205. Do Pass.

HR 620-1454. Do Pass.

FRIDAY, JANUARY 28, 1972

857

HB 1347. Do Pass, as Amended.

HR 621-1454. Do Pass.

HR 622-1454. Do Pass.

HB 1455. Do Pass, as Amended.

SR

217. Do Pass.

SB

376. Do Pass.

Respectfully submitted,

Snow of the 1st,

Chairman.

Mr. Smith of the 39th District, Chairman of the Committee on Motor Vehicles, submitted the following report:
Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the follow ing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 58. Do Pass, by Substitute. HB 1484. Do Pass. HB 1478. Do Pass. HB 1477. Do Pass.
Respectfully submitted, Smith of the 39th, 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 Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 1423. Do Pass, by Substitute. HB 1424. Do Pass, by Substitute.
Respectfully submitted, Busbee of the 61st, Chairman.

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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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 34-64. Do Pass.

Respectfully submitted, Howell of the 60th, Chairman.

Mr. Levitas of the 77th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recom mendations :

SB

344. Do Pass.

HR 625-1462. Do Pass.

HR 626-1463. Do Pass.

HB 1415. Do Pass.

HB 1445. Do Pass.

HB 1447. Do Pass.

HB 1456. Do Pass.

HB 1457. Do Pass.

HB 1458. Do Pass.

HB 1459. Do Pass.

HB 1460. Do Pass.

HR 525-1181. Do Pass.

HB 1103. Do Pass, by Substitute.

Respectfully submitted, Levitas of the 77th, Chairman.

FRIDAY, JANUARY 28, 1972

859

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

HB 1415. By: Messrs. Davis and Granade of the 74th, Jordan of the 74th, Bell of the 73rd and others:
A Bill to be entitled an Act to amend an Act creating a County Com mission on Efficiency and Economy in government, so as to change the date upon which such Commission shall be abolished; and for other purposes.

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

On the passage of the Bill, the ayes were 98, nays 0.

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

HB 1445. By: Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Macon County, as amended, so as to reduce the size of said Board of Commissioners from five members to three members; and for other purposes.

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

On the passage of the Bill, the ayes were 98, nays 0.

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

HB 1447. By: Mr. Floyd of the 7th:
A Bill to be entitled an Act to repeal an Act creating the State Court of Chattooga County, as amended, so as to provide for the disposition of all suits, cases, papers, processes, books, indexes, and all other matters and materials of said court; and for other purposes.

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

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On the passage of the Bill, the ayes were 98, nays 0.

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

HB 1456. By: Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to provide for a different manner of elect ing members of the Board of Education of Schley County; and for other purposes.

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

On the passage of the Bill, the ayes were 98, nays 0.

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

HB 1457. By: Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties so as to change the population 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 ayes were 98, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1458. By: Mrs. Merritt and Mr. Oxford of the 46th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues in the Counties of Floyd, Berrien, Effingham, Schley, Sumter and Green, as amended, so as to change the provisions relative to the election of the Board of Commissioners; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, JANUARY 28, 1972

861

On the passage of the Bill, the ayes were 98, nays 0.

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

HB 1459. By: Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ocilla, as amended, so as to change the method of filling vacancies in the office of mayor and aldermen; and for other purposes.

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

On the passage of the Bill, the ayes were 98, nays 0.

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

HB 1460. By: Messrs. Lee, Hutchinson, Busbee and Odom of the 61st:
A Bill to be entitled an Act to amend an Act creating a Charter for the City of Newton, as amended, so as to change the provisions relating to the election of councilmen 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 98, nays 0.

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

SB 344. By: Senator London of the 50th:
A Bill to be entitled an Act to amend an Act incorporating the town of Mountain City, as amended, so as to change the term of office of the mayor of said town; and for other purposes.

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

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On the passage of the Bill, the ayes were 98, nays 0.

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

HR 625-1462. By: Messrs. Wilson, Atherton, McDaniell, Kreeger and Burruss of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Marietta Parking Authority; to provide for the powers, au thority and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof; to authorize the Authority to contract with the City of Marietta and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Marietta to contract with the Authority and to authorize said City to levy taxes and to expend tax monies of the City and any other available funds of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Marietta; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitu tion is hereby amended by adding at the end thereof the following:
"CITY OF MARIETTA PARKING AUTHORITY
A. Creation. There is hereby created a body corporate and politic to be known as the City of Marietta Parking Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation thereof and by that name, style and title said body may contract and be contracted with, sue and be sued, implead and be impleaded, and complain and defend in all courts of law and equity.
B. Purpose. The said Authority is created for the purpose of acquiring, constructing, adding to, extending, improving, equipping, maintaining and operating parking lots, parking garages, parking decks and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the necessary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, includ ing real property, and to do any and all things deemed by the

FRIDAY, JANUARY 28, 1972

863

Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof.

C. Membership. The Authority shall consist of seven members, one of whom shall be the Mayor of the City of Marietta, Georgia and six of whom shall be resident freeholders and registered qualified voters of the City of Marietta, Georgia, who shall be selected by the Mayor and Council of the City of Marietta. No member of the Council shall be eligible for appointment to the Authority for and during the term for which he was elected as a member of the Council. The Mayor of the City of Marietta's term of office on said Authority shall be for the same term that he has been elected and is acting as Mayor of said City and he shall be the Chairman of said Authority. The terms of the first members of said Authority shall be as follows:

two members shall serve from January 1, 1973, to December 31, 1974, inclusive; two members shall serve from January 1, 1973, to December 31, 1975, inclusive; and two members shall serve from January 1, 1973, to December 31, 1976, inclusive.

Thereafter all members selected and appointed shall serve for
a term of four (4) years and until their successors shall have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending on December 31 of the year of the expiration of the appointment. The members of the Authority shall enter upon their duties immediately upon taking office after such appointment. The Authority shall elect one of its members as Vice-Chairman who shall be elected for a term of one year commencing January 1, 1973, and ending December 31, 1973, or until his successor is selected and qualified and annually thereafter the Authority shall elect one of its members in the same manner for a one (1) year term. The Authority shall also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary and Treasurer shall be elected to serve at the pleasure of the Authority. No mem ber of the Authority shall hold more than one office except that of Secretary and Treasurer. Four members of the Authority shall constitute a quorum. A majority of the quorum is empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason, in the same manner that such member originally became a member of the Authority. The members of the Authority shall serve
without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual existence. In the event the number of the members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be
selected shall ever be the subject of change, the same may be ac-

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complished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving.

D. Definitions. As used herein the following words and terms shall have the following meanings:

(1) The word 'Authority' shall mean the City of Marietta Parking Authority herein created.

(2) The word 'Projects' or 'Project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of parking lots, parking garages, parking decks, parking structures or similar undertakings and any and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such facilities, and the acquisition of the necessary property therefor, both real and per sonal, all in order to alleviate traffic congestion in the City of Marietta and thereby better protect the lives and property of its residents and others using its streets which will accomplish the essential public purpose for which said Authority is created here-
under.

(3) The term 'cost of the project' shall embrace the cost of construction, the cost of lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of preparing the land, including the installation of storm and sanitary sewers and all utilities therefor, the cost of all machinery, equipment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construction and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses neces sary and incident to determining the feasibility or practicability of the project, administrative expenses, and such other expenses as may be necessary or incident to the financing herein authorized and the cost of placing any project in operation. Any expenses in curred for any of the foregoing purposes shall be regarded as part of the 'cost of the project or projects' and may be paid or reimbursed out of funds of the Authority, including the proceeds of any revenue bonds issued under provisions of this Act for such project
or projects.

(4) The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, in cluding refunding bonds, as though such revenue bonds had original ly been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et seq., as amended) and in addition shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for.

FRIDAY, JANUARY 28, 1972

865

(5) Any project or combination of projects shall be deemed 'self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Marietta under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, proj ects, or combination of projects.

E. Powers. The Authority shall have the powers:

(1) To have a seal and alter the same at pleasure; *
(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;

(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real prop erty, or rights or easements therein, or franchises necessary or con venient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make contracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Authority being under no obligation to accept and pay for any property condemned under the provisions hereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdiction of the suit, action or proceedings as may be just to the Authority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such property is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it ex pedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby au thorized to convey for and in behalf of the State title to such lands to the Authority upon payment to the State Treasurer for the credit of the general funds of the State of the reasonable value of such lands in accordance with the applicable laws of the State of Georgia;

(4) To appoint, select and employ, officers, agents and em ployees, including engineering, architectural and construction ex perts, fiscal agents and attorneys, and fix their respective compen sations ;
(5) To make contracts and leases and to execute all instru ments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of Marietta and with the State of Georgia.

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and any departments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Marietta is hereby authorized to enter into contracts and related agreements for the use of any structure, building or facility or a combination of two or more structures, buildings or facilities of the Authority for a term not exceeding fifty years; and said City be and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds of the City and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Marietta, in order to enable the Authority to pay the principal of and interest on any of its bonds as same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repair ing and operating the property so furnished by said Authority.

(6) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove de fined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;

(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;

(8) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instru mentality or political subdivision may require;

(9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

(10) To exercise any power usually possessed by private corpo rations performing similar functions, which is not in conflict with the Constitution and laws of this State; and

(11) To do all things necessary or convenient to carry out the powers expressly given hereunder.

P. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties

FRIDAY, JANUARY 28, 1972

867

and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both prin cipal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the is suance of the bonds.

G. Same; Form; Denominations; Registration; Place of Pay ment. The Authority shall determine the form of the bonds, in cluding any interest coupons to be attached thereto, and shall fix the denomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.

H. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be af fixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Au thority. Any coupon may bear the facsimile signatures of such per sons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execution of such bonds shall be duly authorized or hold the proper office, al though at the date of such bonds such persons may not have been so authorized or shall not have held such office.

I. Same; Negotiability. All revenue bonds issued under the pro visions of this Act shall have and are hereby declared to be negoti able under the laws of the State.

J. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose pro vided in the proceedings authorizing the issuance of such bonds.

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K. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certifi cates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.

L. Same; Replacement of Lost or Mutilated Bonds. The Au thority may also provide for the replacement of any bonds and coupons which shall become mutilated or be destroyed or lost.

M. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happen ing of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and any such resolu tion may be passed at any regular or special or adjourned meeting of the Authority.

N. Same; Credit Not Pledged and Debt Not Created. Revenue Bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Marietta, Georgia, nor of the State of Georgia or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, authority, instrumentality or political subdivision of the State of Georgia shall create a debt of the respective municipalities, counties, authorities or political sub divisions of the State of Georgia within the meaning of Article VII Section VII, Paragraph I of the Constitution of the State of Geor gia, but any such municipality, county, authority or political sub division of the State of Georgia may obligate itself to pay the pay ments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitu tion of the State of Georgia.
O. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trus tee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust in denture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in vio lation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and application of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting en gineers or architects employed or designated by the Authority, and

FRIDAY, JANUARY 28, 1972

869

satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satis factory to such purchasers, and may also contain provisions con cerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company in corporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bondholders as is customary in trust indentures securing bonds and debentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses in curred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project af fected by such indenture.

P. To Whom Proceeds of Bonds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may pro vide.

Q. Sinking Fund. The revenues, fees, tolls and earnings derived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a particular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Authority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may in clude funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other invest ment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such sinking fund shall be subject to such regulations as may be provided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without dis tinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of bonds, or in the trust in denture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so pur-

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chased or redeemed shall forthwith be cancelled and shall not again be issued.

R. Remedies of Bondholders. Any holder of revenue bonds is sued under the provisions of this Act or any of the coupons apper taining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolution or trust indenture, and may enforce and compel perform
ance of all duties required by this Act or by such resolution or trust indenture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

S. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.

T. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Cobb County, Georgia, and any action pertaining to the validation of any bonds issued under the provisions of this Act shall likewise be brought in said court which shall have exclusive, original jurisdic tion of such actions.

U. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as same may be hereafter amended. The peti tion for validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instru mentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are tot be issued and sought to be validated and any such municipality, county, authority, political subdivision or instrumen tality shall be required to show cause, if any exist, why such con tract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudi cated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any mu nicipality, county, authority, political subdivision or instrumentality,

FRIDAY, JANUARY 28, 1972

871

if a party to the validation proceedings, contracting with the said City of Marietta Parking Authority.

V. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds.

W. Monies Received Considered Trust Funds. All monies re ceived pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

X. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls and charges for the services, facili ties and commodities furnished; and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, better ment or extension of its parking facilities; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertaking or project, including the rev enues of improvements, betterments or extensions thereto thereafter made.
Y. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished.

Z. Governmental Function. It is hereby declared that the Au thority will be performing an essential governmental function in the exercise of the powers conferred upon it hereunder whereby traffic congestion in the City of Marietta will be alleviated and as a result the lives and property of the residents thereof and others using its streets will be better protected, all in the furtherance of the essential public purpose for which it is hereby declared to be created.

AA. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negligence as the State of Georgia and the officers, agents and employees of the Authority, when in the performance of the work of the Au thority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same man ner as private corporations may be sued on any contractual obliga tion of the Authority.

BB. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process

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except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Authority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Authority to enforce payment of the obligation.

CC. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwith standing any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.

DD. Effective Date. This amendment shall be effective im mediately upon proclamation of its ratification by the Governor.

EE. General Assembly. This amendment is self-enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Marietta, Georgia, as the same now or may hereafter exist."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the City of Marietta Parking Authority and to provide for the powers, authority and duties of such Authority, and to authorize the Authority to
NO ( ) issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Marietta and with the State of Geor gia and any departments, institutions, agencies, mu nicipalities, counties or political subdivisions of the State of Georgia, public corporations and others and to authorize the City of Marietta to contract with the Authority and to authorize said City to levy taxes and to expend tax monies of the City and any other avail able funds of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Marietta?"

FRIDAY, JANUARY 28, 1972

873

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

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

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond 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 Collins, M.

Collins, S. Colwell
Coney, G. D. Coney, J. L. Conger Connell Cook
Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Gignilliat Grantham
Greer Griffin Groover Gunter Ham Hamilton

Harrington Harris, J. F. Harrison
Hawes Hays Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill)
Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey

874
Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn

JOURNAL OF THE HOUSE,

Odom Oxford Patterson Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts 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 Stephens Sweat Thomason Toles Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Bennett, J. T. Carr Collier, J. M. Dean, Gib Dean, J. E. Drury Geisinger Grahl Granade Hill, B. L.

Hood Howell Lambert Larsen, W. W. Mason McCracken Merritt Patten Pearce Phillips, G. S. Pickard

Rainey Russell, A. B. Savage Shepherd Strickland Thompson Townsend Vaughn Williams Mr. Speaker.

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

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

HR 626-1463. By Messrs. Ware, Mullinax, Knight and Potts of the 30th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing atuhority of Troup County to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place

FRIDAY, JANUARY 28, 1972

875

of business in said county outside the corporate limits of any munici pality located therein; to provide for the submission of this amendment for ratfication or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:

"The governing authority of Troup County shall be authorized to assess and collect license fees and taxes from all persons, firms and corporations maintaining a place or places of business in any area of said county outside the incorporated limits of any municipal ity located therein, and to classify businesses and business enter prises, and to assess different license fees and taxes against differ ent classes of businesses."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Troup County to assess
NO ( ) and collect license fees and taxes from all persons, firms and corporations maintaining a place of busi ness in said county outside the corporate limits of any municipality located therein?"

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

876
Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty
Davis, E. T.
Davis, W.
Dean, N.
Dent
Dixon
Dorminy
Edwards
Egan
Evans
Ezzard
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Fraser
Gary
Gaynor
Gignilliat

JOURNAL OF THE HOUSE,

Grantham Greer Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill)
Lee, W. S.
Leggett
Le vitas
Lewis
Logan
Longino
Lowrey
Marcus
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McDaniell
McDonald
Melton
Miles
Milford

Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts 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
Stephens
Sweat
Thomason
Toles
Triplett
Tripp
Turner
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Wilson
Wood, J. T.
Wood, R. E.

FRIDAY, JANUARY 28, 1972

877

Those not voting were Messrs.:

Barfield Bennett, J. T., Jr. Carr Collier Dean, Gib Dean, J. E. Drury Geisinger Grahl Granade Hill, B. L.

Hood, J. Howell Lambert Larsen, W. W. Mason McCracken Merritt Patten Pearce Phillips, G. S. Pickard

Rainey Russell, A. B. Savage Shepherd Strickland Thompson Townsend Vaughn Williams Mr. Speaker

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

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

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate has agreed to the House amendment to the following Bill of the Senate, to-wit:

SB 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; and for other purposes.

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

SB 347. By Senators Rowan of the 8th and Eldridge of the 7th:
A Bill to authorize, empower and direct county boards of health to provide comprehensive community services for certain mentally re tarded and other developmentally disabled persons; to repeal conflicting laws; and for other purposes.

878

JOURNAL OF THE HOUSE,

SB 357. By Senator Smalley of the 28th:
A Bill to amend an Act known as the "Trial Judges and Solicitors Re tirement Fund Act" as amended, so as to provide that certain juvenile court judges shall he members of said Retirement Fund; to repeal con flicting laws; and for other purposes.

SB 358. By Senator Smalley of the 28th:
A Bill to amend an Act known as the "Trial Fund" as amended, so as to change the provisions relative to the basis for employer and employee contributions for district attorneys; and for other purposes.

SB 362. By Senators Plunkett of the 30th and Webb of the llth:
A Bill to amend Code Chapter 59-7, relating to juries, as amended, so as to authorize the judge, in his discretion, to allow the dispersion of the jury during the trial of criminal cases; and for other purposes.

SB 364. By Senators Bateman of the 27th, Overby of the 49th, and Zipperer of the 3rd, and others:
A Bill to amend an Act establishing the Employees' Retirement System of Georgia, as amended, so as to include the Messenger and Doorkeeper of the Senate and the Messenger and Doorkeeper of the House of Representatives within the provisions of subsection (13) of Section 3 of said Act as amended; to repeal conflicting laws; and for other pur poses.

SB 365. By Senators Bateman of the 27th, Overby of the 49th, Zipperer of the 3rd, and others:
A Bill to amend an Act establishing the Georgia Legislative Retirement System, as amended, so as to include the Messenger and Doorkeeper of the Senate and the Messenger and Doorkeeper of the House of Repre sentatives as staff members; and for other purposes.

SB 395. By Senators Kennedy of the 4th, Chapman of the 32nd, and others:
A Bill to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the Board of Corrections, as amended, so as to provide that inmate trainees enrolled in any train ing program may repair or utilize any privately owned property or equipment in connection with their training; to repeal conflicting laws; and for other purposes.
SB 399. By Senators Kennedy of the 4th, Chapman of the 32nd, and others:
A Bill to create a Youthful Offender Division of the State Board of

FRIDAY, JANUARY 28, 1972

879

Corrections; to provide for the staffing of the Youthful Offender Division; and for other purposes.

SB 400. By Senators Kennedy of the 4th, Chapman of the 32nd and others:
A Bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, as amended, so as to provide for the con ferring of all powers of a police officer of this State upon designated officials of the Department of Corrections; and for other purposes.

SB 401. By Senators Kennedy of the 4th, Chapman of the 32nd, and others:
A Bill to amend Code Section 27-2506, relating to the punishment of misdemeanor offenses, so as to provide that first offenders between the ages of 16 and 19 who are adjudicated guilty of a misdemeanor shall be placed under the authority and control of the State Board of Correc tions ; and for other purposes.
SB 404. By Senators Kennedy of the 4th, Chapman of the 32nd, and others:
A Bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, as amended, so as to change the provisions relating to the disposition of funds deducted by the Director of Correc tions from the earnings of a prisoner; and for other purposes.

SB 405. By Senators Kennedy of the 4th, Chapman of the 32nd, and others:
A Bill to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the Board of Corrections, as amended, so as to provide that the Board shall furnish transportation, clothes, and money to a prisoner convicted of a felony who did not participate in a work release program; and for other purposes.

SB 414. By Senators Sutton of the 9th, Rowan of the 8th and others:
A Bill to amend Code Section 88-1205a, relating to the requirements of a bond for mass gatherings, so as to provide that no bond shall be required for a mass gathering in certain cases when a municipality or county owns said area and commits itself, in writing, to clean up the site upon which the gathering is to be held; and for other purposes.

SB 417. By Senators Holloway of the 12th, Carter of the 14th, and Webb of the llth:
A Bill to amend an Act establishing the Employees Retirement System, as amended, so as to provide that all employee contributions toward

880

JOURNAL OF THE HOUSE,

retirement allowances, social security benefits and group term life insurance shall be included in employee gross income reported for federal and state income tax purposes; and for other purposes.

SB 434. By Senators Stephens of the 36th and Chapman of the 32nd:
A Bill to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; to declare certain legislative find ings ; and for other purposes.

SB 445. By Senators Holley of the 22nd, Starr of the 44th and others:
A Bill to authorize the State of Ga. to participate in a matching and grant funds program with counties, municipalities and local promotion groups to promote tourist and business travel, and vacation and conven tion business in such county, municipality or region in the State; and for other purposes.

SB 446. By Senators Holley of the 22nd, Starr of the 44th, Carter of the 14th and others:
A Bill to create the Executive Board of Georgia World Congress Center; and for other purposes.

SB 447. By Senators Holley of the 22nd, Starr of the 44th, Carter of the 14th and others:
A Bill to amend an Act known as the "Georgia Building Authority Act", as amended, so as to change the bonding capacity of the Author ity ; and for other purposes.

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

HB 472. By Mr. Egan of the 116th:
A Bill to authorize certain counties and municipalities to levy and im pose certain excise taxes; and for other purposes.

The Senate has passed by requisite constitutional majority the following Bill of the House, to-wit:
HB 607. By Mr. Lee of the 61st: A Bill to amend an Act known as the "Georgia Peace Officer Standards

FRIDAY, JANUARY 28, 1972

881

and Training Act", so as to clarify the provisions relating to the mem bership of the Georgia Peace Officer Standards and Training Council; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate, to-wit:
SR 250. By Senator Coggin of the 35th: A Resolution relative to adjournment; and for other purposes.

SR 219. By Senator Webb of the llth: A Resolution proposing an amendment to the Constitution so as to pro vide that all courts of the State shall be a part of one unified judicial system; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 396. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to amend an Act authorizing 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; and for other purposes.

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

SB 347. By Senators Rowan of the 8th, Eldridge of the 7th, Doss of the 52nd and Herndon of the 10th:
A Bill to be entitled an Act to authorize, empower and direct county boards of health to provide comprehensive community services for certain mentally retarded and other developmentally disabled persons; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 357. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act", so as to provide that certain

882

JOURNAL OF THE HOUSE,

juvenile court judges shall be members of said Retirement Fund; and for other purposes.
Referred to the Committee on Retirement.

SB 358. 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", so as to change the provisions relative to the basis for employer and employee contributions for district attorneys; and for other purposes.
Referred to the Committee on Retirement.

SB 362. By Senators Plunkett of the 30th and Webb of the llth:
A Bill to be entitled an Act to amend Code Chapter 59-7, relating to juries, so as to authorize the judge, in his discretion, to allow the dis persion of the jury during the trial of criminal cases; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 364. By Senators Bateman of the 27th, Overby of the 49th, Zipperer of the 3rd and others:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System of Georgia, so as to include the Messenger and Doorkeeper of the Senate and the Messenger and Doorkeeper of the House of Representatives within the provisions of subsection (13) of Section 3 of said Act as amended; and for other purposes.
Referred to the Committee on Retirement.

SB 365. By Senators Bateman of the 27th, Overby of the 49th, Zipperer of the 3rd and others:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to include the Messenger and Doorkeeper of the Senate and the Messenger and Doorkeeper of the House of Representatives as staff members; and other purposes.
Referred to the Committee on Retirement.
SB 395. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the Board of Corrections, so as to provide that inmate trainees enrolled in any training program may repair or utilize any privately owned

FRIDAY, JANUARY 28, 1972

883

property or equipment in connection with their training; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 396. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act authorizing 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; and for other pur poses.
Referred to the Committee on State Institutions & Property.

SB 399. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to create a Youthful Offender Division of the State Board of Corrections; to provide for the staffing of the Youthful Offender Division; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 400. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, so as to provide for the conferring of all powers of a police officer of this State upon designated officials of the Department of Corrections; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 401. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 27-2506, relating to the punishment of misdemeanor offenses, so as to provide that first offenders between the ages of 16 and 19 who are adjudicated guilty of a misdemeanor shall be placed under the authority and control of the State Board of Corrections; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 404. By Senators Kennedy of the 4th. Chapman of the 32nd, and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act relating to the disposition of funds deducted by the Director of Corrections from the earnings of a prisoner; and for other purposes.
Referred to the Committee on State Institutions & Property.

884

JOURNAL OF THE HOUSE,

SB 405. By Senators Kennedy of the 4th, Chapman of the 32nd, and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the Board of Corrections, so as to provide that the Board shall furnish transportation, clothes, and money to a prisoner convicted of a felony who did not participate in a work release program; and for other pur poses.
Referred to the Committee on State Institutions & Property.

SB 414. By Senators Sutton of the 9th, Rowan of the 8th, Young of the 13th and Fincher of the 51st:
A Bill to be entitled an Act to amend Code Section 88-1205a, relating to the requirements of a bond for mass gatherings, so as to provide that no bond shall be required for a mass gathering in certain cases when a municipality or county owns said area and commits itself, in writing, to clean up the site; and for other purposes.
Referred to the Committee on Agriculture.

SB 417. By Senators Holloway of the 12th, Carter of the 14th and Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, so as to provide that all employee contribu tions toward retirement allowances, social security benefits and group term life insurance shall be included in employee gross income reported for federal and state income tax purposes; and for other purposes.
Referred to the Committee on Retirement.

SB 434. By Senators Stephens of the 36th and Chapman of the 32nd:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; to declare certain legislative findings; and for other purposes.
Referred to the Committee on Judiciary.

SB 445. By Senators Holley of the 22nd, Starr of the 44th, Carter of the 14th and others:
A Bill to be entitled an Act to authorize the State of Georgia to partici pate in a matching and grant funds program with counties, municipali ties and local promotion groups to promote tourist and business travel, and vacation and convention business in such county, municipality or region in this State; and for other purposes.
Referred to the Committee on Industry.

FRIDAY, JANUARY 28, 1972

885

SB 446. By Senators Holley of the 22nd, Starr of the 44th, Carter of the 14th and others:
A Bill to be entitled an Act to create the Executive Board of Georgia World Congress Center; and for other purposes.
Referred to the Committee on Industry.

SB 447. By Senators Holley of the 22nd, Starr of the 44th, Carter of the 14th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Building Authority Act", so as to change the bonding capacity of the Authority; and for other purposes.
Referred to the Committee on Industry.

SR 219. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to provide that all courts of the State shall be a part of one unified judicial system; and for other purposes.
Referred to the Committee on Special Judiciary.

The following Resolutions of the House and Senate were read and adopted:
SR 250. By Senator Coggin of the 35th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the General Assembly adjourn on Friday, February 4, 1972, at 1:00 o'clock p.m. and reconvene on Monday, February 21, 1972, at 10:00 o'clock a.m.
HR 650. By Messrs. Smith of the 43rd, Floyd of the 7th, Murphy of the 19th, Busbee of the 61st, Harris of the 10th, Nunn of the 41st, Melton of the 32nd, Rush of the 51st, Mulherin of the 78th, Kreeger of the 117th, Salem of the 51st, Mauldin of the 12th, Jordan of the 74th, Adams of the 39th, Williams of the llth, Coney of the 82nd, Lowrey of the 9th, Nessmith of the 44th, Wood of the 75th, McDaniell of the 117th, Coney of the 118th and many others:
A RESOLUTION
Urging the immediate approval of a feasible and prudent route for

886

JOURNAL OF THE HOUSE,

the remaining portion of Interstate Highway 75 in Georgia; and for other purposes.

WHEREAS, the State Highway Department of Georgia has con ducted or caused to be conducted exhaustive studies of all feasible and prudent alternative locations for the remaining portion of Interstate Highway 75 in Georgia; and

WHEREAS, all these alternative locations for the Highway cross some portion of Lake Allatoona and public lands designated for public use now or in the future; and

WHEREAS, the State Highway Department has recommended the location shown by these studies to be the best and most feasible route and the one shown to affect the environment and ecology of the area in the least amount practicable; and

WHEREAS, eighteen persons have been killed and three hundred thirty-seven have sustained injuries on the only route now available during the last fourteen months while these studies have been under way; and

WHEREAS, the need for rapid completion of a safer, modern high way is obvious and concurred in by all citizens and motorists; and

WHEREAS, the completion rather than the location is our over riding concern; and

WHEREAS, the great majority of residents of the area, local and State elected officials, groups of private citizens, and others concerned with conservation, environment and ecology, and officials of State and Federal agencies concerned with highway locations have approved and endorsed the recommended location.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby endorse the recommendation of the State Highway Department of Georgia and urge its immediate approval by the U. S. Secretary of Transportation as the only feasible and prudent route.

BE IT FURTHER RESOLVED that this body hereby urges the State Highway Department of Georgia to use all haste and diligence to complete Interstate 75 as soon as possible upon the approval of the route by the U. S. Secretary of Transportation.
BE IT FURTHER RESOLVED that appropriate copies of this Resolution be delivered to the President of the United States, the U. S. Secretary of Transportation, the Georgia Congressional delegation and to the Congressional delegations of all States traversed by Interstate Highway 75.

FRIDAY, JANUARY 28, 1972

887

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

HB 1277. By Messrs. Matthews of the 16th, Battle of the 90th, Lane of the 44th, Bohannon of the 20th, Connell of the 79th, Maxwell of the 17th and Brown of the 32nd:
A Bill to be entitled an Act to amend Code Chapter 26-26, relating to disorderly conduct and related offenses, as amended, so as to provide that certain persons who enter upon the campus or other facilities of any unit of the University of Georgia appearing to interfere with the peaceful conduct of such facility shall be guilty of a misdemeanor if he refuses to leave when directed to do so by proper 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 104, nays 0.

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

HR 548-1247. By Mr. Egan of the 116th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the General Assembly may exempt from ad valorem taxation property of nonprofit hospitals which is used in connection with the operation of the hospital; to limit said exemption to hospitals which have no stock holders and no income or profit which inures to the benefit of any private person and are subject to the laws regulating nonprofit or charitable corporations; to provide for the submission of this amend ment for ratification or rejection; and for other purposes.
WHEREAS, nonprofit hospitals having no stockholders, and hav ing no income which inures to the benefit of any private person, have for many years been deemed by state, county and municipal authorities to be charitable organizations exempt from ad valorem taxation and accordingly have not been required to pay ad valorem tax; and
WHEREAS, the General Assembly in 1947 adopted a statute specifically exempting certain property of such hospitals from ad valorem taxation; and
WHEREAS, such hospitals have expended large sums in building hospital facilities throughout the State which are of benefit to the

888

JOURNAL OF THE HOUSE,

public and, in constructing such hospitals, relied on being exempt from ad valorem taxation in planning and obtaining financing therefor; and

WHEREAS, said nonprofit hospitals are exempt from state and federal income taxes, and contributions to such hospitals are deductible for state and federal tax purposes; and many millions of dollars have been contributed by citizens and religious organizations for the support of such hospitals; and

WHEREAS, it is recognized that such nonprofit hospitals serve a vital public interest in providing health care to the public; and

WHEREAS, those hospitals which are organized as "hospital au thorities" and which are operated in essentially the same manner and provide essentially the same public service as nonprofit hospitals have been held exempt from ad valorem taxation as "public property," and it is desired that nonprofit hospitals be treated the same as hospital authorities for purposes of taxation.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by adding at the end thereof the following
paragraph:

"The General Assembly shall be authorized to exempt from ad valorem taxation property of nonprofit hospitals used in connection with their operation, provided that such hospitals have no stock holders and no income or profit which is distributed to or for the benefit of any private person, and are subject to the laws of Georgia regulating nonprofit or charitable corporations."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section 1,
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 General Assembly be authorized to exempt

from ad valorem taxation certain property of non

profit hospitals which have no stockholders and no

NO ( ) income or profit which is distributed to or for the

benefit of any private person, and are subject to the

laws of Georgia regulating nonprofit or charitable

corporations?"

\

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".

FRIDAY, JANUARY 28, 1972

889

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., Jr. Adams, John Adams, Marvin Alexander, W. H. Atherton Barfield Battle Bennett, J. T., Jr. Bennett, Tom Berry Black Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W.

Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grantham Greer Griffin Groover 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. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith
Noble Northcutt Nunn Oxford Patterson

890
Patten Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Roach Ross Rush Russell, H. P. Russell, W. B. Salem

JOURNAL OF THE HOUSE,

Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Sweat Thomason Toles Townsend

Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Lee, W. S.

Leggett

Those not voting were Messrs.:

Alexander, W. M. Alien Bell Blackshear Bostick Bo wen Buck Carr Carter Collier Dean, J. E. Drury Fraser

Grahl Granade Gunter Hill, G. Hood Jordan Larsen, W. W. McCracken McDonald Merritt Moore Odom Pearce

Phillips, G. S. Pickard Rainey Reaves Russell, A. B. Savage Shepherd Smith, J. R. Strickland Thompson Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 155, nays 2.

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

HB 1373. 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, McCracken of the 36th and Floyd of the 7th:
A Bill to be entitled an Act to amend the Executive Reorganization Plan of 1972 so as to provide for the structure of the Executive Branch of State Government; and for other purposes.

FRIDAY, JANUARY 28, 1972

891

The following Committee substitute was read:

A BILL

To be entitled an Act to provide for the reorganization of functions within the Executive Branch of State Government; to define certain terms; to provide a structure of the Executive Branch; to provide for assignment of an agency for administrative purposes; to provide for the rights to property; to provide for compensation to department heads and commissioners; to provide for the abolishment of the Georgia Real Estate Investment Board; to provide for the assignment of the Seed Advisory Committee to the Department of Agriculture for ad ministrative purposes; to provide for the assignment of the Tobacco Advisory Board to the Department of Agriculture for administrative purposes; to provide for the transfer of certain functions of the State Treasurer to the Comptroller General; to continue the Department of Education and its functions; to provide for the assignment of the Franklin D. Roosevelt Warm Springs Memorial Commission to the Department of Natural Resources for administrative purposes; to authorize the Director of the Environmental Protection Division of the Department of Natural Resources to issue orders and permits; to pro vide for hearings and appeals; to provide for the creation and member ship of a committee to administer permits required by the Coastal Marshlands Protection Act; to provide for hearings and appeals; to provide for the creation of a Board of Public Safety; to provide for the membership, method of appointment, and terms of the Board; to pro vide for the transfer of certain functions of the Georgia State Board
of Pharmacy to the Department of Public Safety; to provide for the
assignment of certain functions to the Division of Investigation; to
provide for the assignment of the Georgia State Board of Pharmacy to
the Secretary of State for administrative purposes; to provide for an
effective date; to provide for severability; to amend an Act authorizing
the Governor to effectuate the reorganization of the Executive Branch,
approved February 15, 1971 (Ga. Laws 1971, p. 4) ; to repeal conflict
ing laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The following terms when used in this Act shall have the following meanings:

(a) "Plan" means the Executive Reorganization Plan of 1972.

(b) The terms "function", "policy-making", "unit", and "agency" shall have the meanings ascribed to them in the Plan.

Section 2. (a) All executive offices, boards, commissions, com mittees, agencies, departments, bureaus, and instrumentalities of the Executive Branch of State Government, and their respective functions,

892

JOURNAL OF THE HOUSE,

are allocated by this Act among and within the following departments or offices continued or established by this Act:
Governor Lieutenant Governor Department of Administrative Services Department of Agriculture Department of Industry and Trade Comptroller General Department of Defense Department of Education Department of Financial Regulation Department of Human Resources Department of Labor Department of Law Department of Natural Resources Department of Public Safety Department of Revenue Secretary of State State Scholarship Commission Department of Transportation Treasurer Board of Regents of the University System of Georgia State Department of Veterans Service

(b) For its internal structure, each department shall adhere to the following standard terms: (1) the principal unit of a department is a "division". Each division shall be headed by a "director" or "deputy". (2) The principal unit of a division is a "section". Each section shall be headed by a "supervisor".

Section 3. (a) An agency assigned to a department for ad ministrative purposes only in said Plan shall:

(1) Exercise its quasi-judicial, rule-making, licensing or policymaking functions independently of the department and without approval or control of the department.

(2) Prepare its budget, if any, and submit its budgetary re quests, if any, through the department.

FRIDAY, JANUARY 28, 1972

893

(3) Hire its own personnel, if authorized by said Plan, by the Constitution or by statute, or if the General Assembly provides or authorizes the expenditure of funds therefor.

(b) The department to which an agency is assigned for adminis trative purposes only in said Plan shall:

(1) Provide record keeping, reporting, and related adminis trative and clerical functions for the agency.

(2) Disseminate for the agency required notices, rules, or orders adopted, amended, or repealed by the agency.

(3) Provide staff for the agencv subject to the provisions of (a) (3).

(4) Include in the departmental budget the agency's budgetary request, if any ,as a separate part of said budget and exactly as prepared and submitted to the department by the agency.

(c) Whenever any Authority is assigned for administrative pur poses, it means only that the State department through which the Au thority deals with the State shall be that department to which the Au thority is assigned by said Plan. Any Authority created by Georgia law shall retain its separate identity as an instrumentality of the State and a public corporation. The department to which an Authority is assigned is authorized, only with the approval of the Authority, to perform for such Authority any or all of the functions set forth in (b) of this Section.

(d) Any retirement system assigned for administrative purposes shall retain its separate identity and the department to which it is assigned is authorized, only with the approval of the system, to perform for such retirement system any or all of the functions set forth in (b) of this Section.

Section 4. (a) The department which succeeds to all or part of the functions of an agency under the Plan also succeeds to the rights to all real and personal property of that agency relating to the functions or parts of functions transferred. The property shall include real prop erty, records, office equipment, supplies, contracts, books, papers, docu ments, maps, appropriations, accounts within and without the State Treasury, funds, vehicles, and all other similar property. However, the
department or unit may not use property nor may it use or divert monies in a fund, appropriation or an account for any purpose other than pro vided by law. The Governor shall resolve any conflict as to the proper disposition of personal property and his decision shall be final. The State Properties Control Commission shall resolve any conflict as to the proper disposition of real property.

(b) The real property of any agency abolished by the Plan, where the functions were not continued or transferred to a department pro-

894

JOURNAL OF THE HOUSE,

vided for in this Act, shall be transferred to the State Properties Con trol Commission.

(c) The personal property of any agency abolished by the Plan, where the functions were not continued or transferred to a department provided for in this Act, shall be transferred to the Department of Administrative Services. Any funds held by any such agency shall revert to the General Fund of the State.

(d) This Section does not apply to property owned by the federal government or any local governments.

Section 5. The heads of departments continued by this Plan shall be compensated as presently provided by law. The compensation of the heads of departments created by this Plan shall be determined by the General Assembly. Compensation for unclassified positions within any agency created by this Plan shall be established by the official in charge of the agency unless otherwise provided by law.

Section 6. The Georgia Real Estate Investment Board, created in Ga. Laws 1963, p. 34 (Ga. Code Ann. Ch. 40-28), is abolished. Prior to the effective date of this abolishment, the Board shall refund all escrow deposits retained by the Board to the proper loan applicants. All fund balances remaining after the refunds referred to herein shall be trans ferred to the General Treasury.

Section 7. The Seed Advisory Committee, created by Ga. Laws 1956, p. 217 (Ga. Code Ann. Section 5-2410), and its functions are con tinued. The Commission is assigned to the Department of Agriculture for administrative purposes only as prescribed in Section 105 of the Plan.

Section 8. The Tobacco Advisory Board, created by Ga. Laws 1955, p. 589 (Ga. Code Ann. Section 111-603-605), and its functions are con tinued. The Board is assigned to the Department of Agriculture for administrative purposes only as prescribed in Section 105 of the Plan.

Section 9. The functions of the State Treasurer relating to de posits by insurers, set forth in Ga. Laws 1960, p. 289 (Ga. Code Ann. Section 56-1101), and functions relating to the ex officio Bond Com missioner, set forth in Ga. Laws 1904, p. 145, as amended (Ga. Code Ann. Ch. 40-12), are transferred to the Comptroller General as In surance Commissioner of the State of Georgia.

Section 10. (a) The State Department of Education, provided for in Article VIII, Section II, Paragraph I of the Constitution, is con
tinued. The State Superintendent of Schools shall be the administrative officer of the Department.

(b) The functions of the Department are continued, except the Vocational Rehabilitation functions transferred to the Department of Human Resources in Chapter 12 of the Plan.

FRIDAY, JANUARY 28, 1972

895

Section 11. The Franklin D. Roosevelt Warm Springs Memorial Commission, created in Ga. Laws 1946, p. 31, as amended (Ga. Code Ann. Section 40-2401 et al), is continued. The Commission is assigned to the Department of Natural Resources for administrative purposes
only as prescribed by Section 105 of the Plan.

Section 12. (a) The Director of the Environmental Protection Division of the Department of Natural Resources shall issue all orders; grant, deny, revoke or amend all permits provided for in the laws to be enforced by this Division. Any person who is aggrieved or adversely affected by any order or action of the Director shall upon petition within thirty (30) days of the issuance of such orders or notice of such action have a right to a hearing before a hearing officer appointed by the Commission.-The initial hearing and any administrative review thereof shall be conducted in accordance with the Georgia Administrative Pro cedure Act (Title 3A), as now or hereafter amended; provided, how ever, that any administrative review of the initial decision of such hearing officer shall be by five (5) members of the Commission to be selected by the entire Commission. Any person who has exhausted all administrative remedies available and who is aggrieved or adversely affected by any final order or action of the Commission shall have the right of judicial review thereof in accordance with subsections (b), (c), (d), (e), (f), (g) and (h) of Section 20 of the Georgia Administrative Procedure Act (Title 3A), as now or hereafter amended. Any party to the proceeding may secure a review of the final judgment of the superior court by appeal in the manner and form provided by law for appeals from superior courts to the appellate courts of this State.

(b) There is created a committee to be composed of three (3) mem bers. The Commissioner of Natural Resources and the Director of the Division of Environmental Protection shall be members of this com mittee. The third member of the committee shall be selected by the State Game and Fish Commission. The committee shall issue all orders; grant, deny, revoke or amend permits required pursuant to the func tions transferred to the Department of Natural Resources in the Plan that are required by the Coastal Marshlands Protection Act, Ga. Laws 1970, p. 939 (Ga. Code Ann. Section 45-136 et al). Any person who is aggrieved or adversely affected by any order or action of the com mittee shall upon petition within thirty (30) days of the issuance of such orders or notice of such action have a right to a hearing before a hearing officer appointed by the Commission. The initial hearing and any administrative review thereof shall be conducted in accordance with the Georgia Administrative Procedure Act (Title 3A), as now or here after amended; provided, however, that any administrative review of the initial decision of such hearing shall be by five (5) members to be selected by the entire Commission. Any person who has exhausted all administrative remedies available before the Commission and who is aggrieved or adversely affected by a final order or action of the Com mission is entitled to a judicial review under the Act. In this connection, all proceedings for judicial review shall be conducted pursuant to the Georgia Administrative Procedure Act (Title 3A), as now or hereafter amended. Any party to the proceeding may secure a review of the final judgment of the superior court by appeal in the manner and form pro vided by law for appeals from the superior courts to the appellate courts of this State.

896

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Section 13. There is created a Board of Public Safety which shall establish the general policy to be followed by the Department of Public Safety. The Board shall consist of nine members.

(a) The following three members serve ex officio: the Governor, who shall be Chairman of the Board; the Attorney General; and the official in charge of the Department of Corrections.

(b) Three members shall be selected as follows:
(1) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Sheriffs' Association; the first representative shall serve an initial term ending on January 20, 1975, each subsequent term being three years;
(2) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the Georgia Association of Chiefs of Police; the first representative shall serve an initial term ending on January 20, 1974, each sub sequent term being three years;
(3) a representative appointed by the Governor by and with the advice and consent of the Senate from the membership of the District Attorneys' Association of Georgia; the first representative shall serve an initial term ending on January 20, 1973, each subsequent term being three years.

(c) Within thirty days after its first meeting, the Board by ma jority vote shall appoint three members from the State at large; no person so appointed shall be an officer or employee of any State or local governmental entity at the time of his appointment to or during his membership on the Board. The Board shall designate the initial terms of the three at-large members for two, three, and four years, respectively. Thereafter, all terms of all successors shall be four years. Any vacancy in the at-large membership shall be filled by the Board for the unexpired term.

Appointments made pursuant to subsection (b) at times when the Senate is not in session shall be effective ad interim.

Section 14. The functions of the Georgia State Board of Pharmacy relating to investigation of alleged violations pertaining to drugs under
Ga. Laws 1967, pp. 296, 304, as amended (Ga. Code Ann. Section 79A208 (f) et seq.), except as related to or in connection with, persons or firms licensed by the Georgia State Board of Pharmacy, or otherwise authorized by Georgia laws to manufacture, sell, distribute, dispense or possess drugs, medicines, poisons, cosmetics or devices, or as related to misbranded or counterfeit drugs, are transferred to the Department of Public Safety.

Section 15. The criminal investigative functions transferred to

FRIDAY, JANUARY 28, 1972

897

the Department of Public Safety by Section 1606 of the Plan are assigned to the Division of Investigation.

Section 16. The Georgia State Board of Pharmacy, created in Ga. Laws 1967, pp. 296, 302 (Ga. Code Ann. Section 79A-201), and its func tions, except those functions transferred in Chapter 16 of the Plan, are continued. The Board is assigned to the Secretary of State for adminis trative purposes only as prescribed in Section 105 of the Plan.

Section 17. The functions relating to deposits by insurers and functions of the ex officio Bond Commissioner are transferred to the Comptroller General in Section 802 of the Plan.

Section 18. Section 2 of this Act shall be deemed to be Section 104 of the Plan; Section 3 shall be deemed to be Section 105 of the Plan; Sec tion 4 shall be deemed to be Section 111 of the Plan; Section 5 shall be deemed to be Section 116 of the Plan; Section 6 shall be deemed to be Section 430 of the Plan; Section 7 shall be deemed to be Section 503 of the Plan; Section 8 shall be deemed to be Section 510 of the Plan; Section 9 shall be deemed to be Section 802 of the Plan; Section 10 shall be deemed to be Section 1001 of the Plan; Section 11 shall be deemed to be Section 1509 of the Plan; Section 12 shall be deemed to be Section 1540 of the Plan; Section 13 shall be deemed to be Section 1602 of the Plan; Section 14 shall be deemed to be Section 1606 of the Plan; Section 15 shall be deemed to be Section 1612.4 of the Plan; Section 16 shall be deemed to be Section 1905 of the Plan; Section 17 shall be deemed to be Section 2202 of the Plan; and said Sections and Chapters may be cited as so designated.
Section 19. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 20. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase declared or adjudged invalid or unconstitutional were not orig inally a part thereof.

Section 21. An Act authorizing the Governor to effectuate the re organization of the Executive Branch, approved February 15, 1971 (Ga. Laws 1971, p. 4), is hereby amended as follows:

(a) By striking Section 2 in its entirety and inserting in lieu there of a new Section 2 to read as follows:

"Section 2. The Governor, as Chief of the Executive Branch of State Government and responsible for its economic and efficient fiscal management, is hereby charged and authorized, acting within and subject to constitutional limitations and the provisions of this. Act, to propose the reorganization of any agencies."

898

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(b) By striking Section 4 in its entirety and inserting in lieu there of a new Section 4 to read as follows:

"Section 4. Whenever the Governor makes a proposal for re organization a bill shall be prepared containing his recommendations for reorganization. The Governor shall cause such bill to be intro duced into the General Assembly and such bill shall receive the same number of readings and be subject to the same procedure as required by the Constitution and laws of this State for the passage of any other bill. No reorganization or part thereof proposed by the Gover nor shall become effective until such bill as introduced or as changed by the General Assembly becomes law."

Section 22. All laws and parts of laws in conflict with this Act are hereby repealed.

An Amendment to the Committee substitute, offered by Mr. Groover of the 27th, was read and lost.

The following amendments were read and adopted:
Mr. Busbee of the 61st moves to amend the House Rules Committee Substitute for HB 1373
by striking Section 2 (b) in its entirety and by inserting in lieu thereof the following:
(b) For its internal structure, each department shall adhere to the following standard terms: (1) Each principal unit of a depart ment is a "division". Each division shall be headed by a "director" or "deputy"; provided however that the Safety Fire Division of the Comptroller General's office shall be headed by the State Fire Mar shal appointed by the State Fire Commissioner. (2) Each principal unit of a division is a "section". Each section shall be headed by a "supervisor" or "deputy".
Mr. Busbee of the 61st moves to amend the House Rules Committee Substitute for HB 1373 as follows:
by adding in Section 12 (a) before the word "Commission" in the second sentence the words "State Game and Fish".
Mr. Busbee of the 61st moves to amend the House Rules Committee Substitute for House Bill 1373
by striking Section 9 in its entirety and by inserting in lieu thereof the following:
Section 9. The functions of the State Treasurer relating to deposits by insurers, set forth in Ga. Laws 1960, p. 289 (Ga. Code

FRIDAY, JANUARY 28, 1972

899

Ann. Chapters 56-3 and 56-11), and functions relating to the ex officio Bond Commissioner, set forth in Ga. Laws 1904, p. 145, as amended (Ga. Code Ann. Ch. 40-12), are transferred to the Comp troller General as Insurance Commissioner of the State of Georgia.

The Committee substitute, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.

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

Collins, 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 Edwards Egan Evans Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Groover Gunter Ham

Hamilton Harrington Harris Harrison Hawes Hays Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis

900
Logan Longino Lowery Marcus Mason Matthews, C. Matthews, D. R , Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer
Mulherin
Mullinax
Murphy
Nessmith
Noble

JOURNAL OF THE HOUSE,

Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters 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, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Thompson Toles Townsend Triplett Tripp Turner Wamble Ware Wheeler, J. A. Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Bell Blackshear Collier Collins, M.
Dean, J. E. Ezzard
Farrar
Grahl

Griffin Hill, B. L. Hill, G. Larsen, W. W.
McCracken
Phillips, G. S.
Pickard
Rainey

Reaves Strickland Thomason Vaughn
Wheeler, Bobby
Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 173, nays 0.

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

HB 1214. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act known as the "Georgia In surance Code", so as to provide for the installment payment of annual premium taxes on monthly basis; and for other purposes.

FRIDAY, JANUARY 28, 1972

901

The following Committee substitute was read and lost:

A BILL

To be entitled an Act to amend an Act known as the "Georgia In surance Code" approved March 8, 1960, (Ga. Laws 1960, p. 289, et seq.), as amended, so as to provide for the installment payment of annual premium taxes on a quarterly basis; to provide a penalty for the failure to make such quarterly installment payments; 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. An Act known as the "Georgia Insurance Code" ap proved March 8, 1960, (Ga. Laws 1960, p. 289, et seq.), as amended, is hereby amended in Chapter 56-13 by striking Code Section 56-1304 in its entirety and substituting in lieu thereof a new Code Section 56-1304, to read as follows:

"56-1304. Time of payment of tax on insurance premiums; returns.--

(1) The annual premium taxes required herein shall be paid to the Commissioner annually on or before March 1 following the close of the preceding calendar year upon all such premiums received during that calendar year. At the same time each such insurance company shall file with the Commissioner an annual return on a form prescribed by the Commissioner showing, by quarter, the gross direct premiums received during the preceding calendar year and the installment payments made during that year.

(2) Installments of the annual premium taxes shall be due and payable in advance on the 15th day of each January, April, July, and October in each year based upon the estimated amount of gross direct premiums to be received during the immediate calendar quar
ter. A final payment of tax due for the year shall be made at the time each such insurance company files its annual return for such year.

(3) Any such insurance company which fails to report and pay any installment of tax, or which estimates any installment of tax to be less than 80% of the amount finally shown to be due in any quarter, shall be subject to a penalty of 10% of the amount of any underpayment of taxes due and payable for that quarter but the amount of such penalty shall not exceed the amount of the general penalty otherwise prescribed by law. Any such insurance company paying, for each installment required herein, twenty-five percent (25%) of the amount of the annual premium taxes reported on its annual return for the preceding year shall not be subject to any penalty.

|

(4) Subsections (2) and (3) of this section shall not apply to

902

JOURNAL OF THE HOUSE,

any such insurance company whose annual premium taxes for the immediately preceding calendar year was less than five hundred dollars ($500.00)."

Section 2. This Act shall become effective April 1, 1972, provided, however, that the actual tax due for the quarter, January-March, 1972, will be due on April 15, 1972.

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

The following substitute, offered by Messrs. Greer of the 95th, Alien of the 92nd and Dorminy of the 48th, was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Georgia In surance Code" approved March 8, 1960, ( Ga. Laws 1960, p. 289, et seq.), as amended, so as to provide for the installment payment of annual premium taxes on a quarterly basis; to provide a penalty for the failure to make such quarterly installment payments; 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 Insurance Code" ap proved March 8, 1960, (Ga. Laws 1960, p. 289, et seq.), as amended, is hereby amended in Chapter 56-13 by striking Code Section 56-1304 in its entirety and substituting in lieu thereof a new Code Section 56-1304, to read as follows:
"56-1304. Time of payment of tax on insurance premiums; returns.--
(1) The annual premium taxes required herein shall be paid to the Commissioner annually on or before March 1 following the close of the preceding calendar year upon all such premiums re ceived during that calendar year. At the same time each such in surance company shall file with the Commissioner an annual return on a form prescribed by the Commissioner showing, by quarters, the gross direct premiums received during the preceding calendar year and the installment payments made during that year.
(2) Installments of the annual premium taxes shall be due and payable for each calendar quarter on the 20th day of March, June, September and December in each year based upon the estimated amount of gross direct premiums received during that calendar quarter. A final payment of tax due for the year shall be made at the time each such insurance company files its annual return for such year.

FRIDAY, JANUARY 28, 1972

903

(3) Any such insurance company which fails to report and pay any installment of tax, or which estimates any installment of tax to be less than 80% of the amount finally shown to be due in any quarter, shall be subject to a penalty of 10% of the amount of any underpayment of taxes due and payable for that quarter but the: amount of such penalty shall not exceed the amount of the general penalty otherwise prescribed by law. Any such insurance company paying, for each installment required herein, twenty-five percent (25%) of the amount of the annual premium taxes reported on its annual return for the preceding year shall not be subject to any penalty.

(4) Subsections (2) and (3) of this section shall not apply to any such insurance company whose annual premium taxes for the immediately preceding calendar year was less than five hundred dollars ($500.00)."

Section 2. This Act shall become effective April 1, 1972.

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, 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 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 Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T . Davis, W.

Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan Evans Pelton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer

904
Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays 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. Lee, W. J. (Bill) Lee, W. S. Leggett

JOURNAL OF THE HOUSE,

Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patterson Pearce Phillips, L. L. Phillips, W. R. Pinkston Poole

Potts 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 Thomason Thompson Toles Townsend Triplett Tripp Turner Wamble Ware Wheeler, J. A. Whitmire Williams Wilson Wood, J. T.

Those voting in the negative were Messrs:

Collins, S. Howard

McDaniell

Odom

Those not voting were Messrs.:

Barfield Bell Bennett, J. T. Blackshear Bond Brown, B. D. Buck Collier, J. M. Drury Ezzard

Farrar Grahl Hill, B. L. Hill, G. Hood Larsen, W. W. McCracken Patten Peters Phillips, G. S.

Pickard Rainey Reaves Russell, H. P. Strickland Vaughn Wheeler, Bobby Wood, R. E. Mr. Speaker

FRIDAY, JANUARY 28, 1972

905

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.

HB 1471. By Mr. Hawes of the 95th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Re tailers' and Consumers' Sales and Use Tax Act", so as to provide that dealers shall remit on or before the 20th day of the month 50% of the estimated tax liability when said liability exceeds $500.00; and for other purposes.

Mr. Busbee of the 61st moved that further consideration of HB 1471 be post poned until Monday, January 31, 1972, immediately after the period of unanimous consents.

The motion prevailed.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, Monday morning, January 31, 1972, and the motion prevailed.

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

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Representative Hall, Atlanta, Georgia Monday, January 31, 1972.

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. S. Ellis Taff, Pastor, Chicopee Baptist Church, Chicopee, Georgia:
Eternal God our Father, I pray that these men will have fortitude to seek Your guidance as they consider legislation for our great state of Georgia. We thank You for them and pray that our every action will be guided by the all knowing, omniscient God. In the name of our Savior and Friend, Jesus Christ, we pray. AMEN.

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

Mr. Mauldin of the 12th, Acting Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
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

MONDAY, JANUARY 31, 1972

907

business, Monday, January 31, 1972, by adopting all of the Bills and Resolutions listed on the House General Calendar for January 28, 1972, and not disposed of on said date.

The Speaker shall have the right to call the aforementioned Bills and Resolutions in any order which he may desire.

Respectfully submitted, I si Busbee of Gist-Chairman

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

HB 1505. By Messrs. Adams, Lowrey and Toles of the 9th:
A Bill to be entitled an Act to provide for an additional judge of the superior court of the Rome Judicial Circuit; to provide for the elec tion of such judge; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1506. By Mr. Salem of the 51st:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to change the provisions relating to certain districts; and for other purposes.
Referred to the Committee on Legislative and Congressional Reapportionment.

HB 1507. By Messrs, Miles, Mulherin and Cheeks of the 78th, Dent of the 79th and Smith of the 80th:
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.
Referred to the Committee on Appropriations.

HB 1508. By Messrs. Oxford of the 46th and Scarborough of the 81st:
A Bill to be entitled an Act to amend Code Chapter 95-19, relating to the elimination of railroad grade crossings, so as to provide that the installation of automatic signalling devices which are required to be erected shall be acquired, installed and maintained by the railroad or railroads involved; and for other purposes.
Referred to the Committee on Highways.

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HB 1509. By Messrs. Larsen of the 113th, Nunn of the 41st, Egan of the 116th, Felton of the 95th, Alexander of the 96th, Knight of the 30th, Geisinger of the 72nd and Horton of the 95th:
A Bill to be entitled an Act prohibiting persons from operating certain vehicles on the highways, so as to provide for certain local regulations; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1510. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend Code Section 34A-501, relating to municipal elector's qualifications, so as to provide that certain municipalities in certain counties shall use the voters registration list of said county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 649-1510. By Mr. Lewis of the 37th: A Resolution compensating Mr. Seaboat Cain; and for other purposes.
Referred to the Committee on Appropriations.

HB 1511. By Messrs. Lee, Gary and Northcutt of the 21st:
A, Bill to be entitled an Act to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation, so as to create the office of Deputy Clerk of the Superior Court of Clayton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1512. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act placing the sheriff and the clerk of the superior court of Clayton County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff and the clerk of the superior court of Clayton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB: 1513. By Messrs. Lee, Gary and Northeutt of the 21st: A Bill to be entitled an Act to amend an Act creating the State Court

MONDAY, JANUARY 31, 1972

909

of Clayton County, so as to change the salary of the judge of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1514. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the single office of tax commissioner of Clayton County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1515. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the Ordinary of Clayton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1516. By Messrs. Gunter of the 6th, Snow of the 1st and Lee of the 61st:
A Bill to be entitled an Act to amend Code Section 27-2101, relating to the trial of two or more defendants who are jointly indicted, so as to provide that strikes from jury panels shall be exercised jointly when two or more defendants are tried jointly for a crime of offense; and for other purposes.
Referred to the Committee on Judiciary.

HB 1517. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Clayton County, so as to authorize the sheriff and the chief of police to designate special unmarked vehicles for detective and investigative activities and assignments; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation,

HB 1518. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single

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office of Tax Commissioner, so as to create the office of Deputy Tax Commissioner of Clayton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 651-1518. By Mr. Oxford and Mrs. Merritt of the 46th:
A Resolution authorizing the conveyance of certain real property located within the City of Americus; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 652-1518. By Messrs. Miller of the 83rd, Pinkston and Bennett of the 81st:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxation real property owned by religious groups which is. used solely for the purpose of housing administrative functions and activities of the religious group and from which no income is derived; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1519. By Messrs, Bennett of the 81st, Dean of the 13th, Bennett of the 71st, Morgan of the 23rd, Drury of the 66th, Miller of the 83rd, Thomason of the 77th, Geisinger of the 72nd and others:
A Bill to be entitled an Act to amend "The Lender Credit Card Act", so as to change the basis for the calculation of the maximum finance charge; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1520. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Dade 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 1521. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioner for Dade County, so as to change the compensation of the Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

MONDAY, JANUARY 31, 1972

911

HB 1522. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the City of Clayton, so as to change the method of electing the Mayor and Councilmen of the City of Clayton; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation,

HB 1523. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Bade County on a salary basis of compensation in lieu of a fee basis, so as to change the compensation of the Ordinary of Dade County; to provide said Ordinary with travel expenses; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1524. By Mr. Snow of the 1st:
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 thereof the office of tax commissioner of Dade County, so as to change the compensation of the tax commissioner and to provide that all other sources of revenue shall be paid to the treasury of Dade County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 152.5. By Messrs, Bell of the 73rd, Collins of the 72nd, Lane of the 101st, Gignilliat of the 89th, Hays of the 1st, Russell of the 70th, Berry of the 85th, Wood of the llth, Geisinger of the 72nd and others:
A Bill to be entitled an Act to provide that the children of residents who have been declared prisoners of war or missing1 in action as a result of service in the Vietnam War shall be entitled to attend any State-supported educational institution in this State without paying tuition for attendance; and for other purposes.
Referred to the Committee on Defense & Veterans Affairs.
By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1490. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act prescribing an additional procedure for the exercise of the power of eminent domain, so as to change the provisions relative to continuing or delaying a hearing before the special master; and for other purposes.

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JOURNAL OP THE HOUSE,

HB 1491. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Civil Practice Act", so as to provide that a party may obtain discovery of any insurance agreement; and for other purposes.

HB 1492. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 81-1402, relating to granting continuances for attendance on General Assembly by party or counsel, so as to change the provisions relative to granting con tinuances for such purpose; and for other purposes.

HB 1493. 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.

HR 638-1493. By Mr. Jones of the 4th: A Resolution compensating Mr. Luther V. Key; and for other purposes.
HR 639-1493. By Mr. Jones of the 4th: A Resolution compensating Mr. H. Franklin Searcy; and for other pur poses.
HR 640-1493. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th: A Resolution accepting the bid of Allright Parking of Georgia, Inc. for the Lease of certain property owned by the State adjacent to the rightof-way of the Western and Atlantic Railroad between a point under the Forsyth Street Viaduct and a point north of Foundry Street in Atlanta; and for other purposes.
HB 1494. By Messrs. Adams of the 100th, Smith of the 39th, Jessup of the 49th and Williams of the llth: A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to provide for additional requirements relative to brake drums; to provide that the inspection of head lights shall be accomplished in accordance with the requirements to be prescribed by the Department of Public Safety; and for other purposes.

MONDAY, JANUARY 31, 1972

913

HB 1495. By Messrs. Brantley of the 52nd, Lane of the 44th, Nessmith of the 44th, Triplett of the 93rd, Battle of the 90th, Jones of the 87th and others:
A Bill to be entitled an Act to amend an Act implementing the require ments of the Federal Intergovernmental Cooperation Act of 1968, so as to change the provisions relative to the boundaries of Area Planning and Development Commissions; and for other purposes.

HB 1496. By Messrs. Colwell of the 5th, Clements and Hays of the 1st, Peters of the 2nd, Bennett of the 71st, Davis of the 86th, Jones of the 4th and others:
A Bill to be entitled an Act to provide for the redistribution of payments made to the State of Georgia by the Tennessee Valley Authority in lieu of taxes; and for other purposes.

HR 641-1496. By Mr. Alexander of the 108th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to create a State Court of Claims; and for other purposes.

HB 1497. By Messrs. Rainey of the 47th, Peters of the 2nd, Housley of the 117th, Hays of the 1st, Dent of the 79th, Leggett of the 67th, Hudson of the 48th, Alien of the 92nd, Stephens of the 103rd and Griffin of the 68th:
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 Game and Fish Commission, so as to change the provisions rela tive to the use of or the possession by any person of any wildlife contrary to any of the wildlife laws, rules and regulations; and for other purposes.

HB 1498. By Messrs. Chandler of the 34th, Toles of the 9th, and Colwell of the 5th:
A Bill to be entitled an Act to amend Code Chapter 91-8A, relative to a central inventory of State owned personal property, so as to delete certain requirements relative to said inventory; to change the provisions relative to the property subject to said inventory; and for other purposes.

HR 642-1498. By Messrs. Tripp and Jessup of the 49th: A Resolution compensating Shirley Barren; and for other purposes.

HR 643-1498. By Messrs, Levitas of the 77th and Vaughn of the 74th: A Resolution proposing an amendment to the Constitution so as to

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JOURNAL OF THE HOUSE,

make it possible for the State and State Agencies to fully comply with that certain Act of Congress known as the Uniform Relocation Assistance and Land Acquisition Policies Act in order to avoid the loss of large sums of money from the Federal Government and to authorize the General Assembly to require provisions be made for relocation as sistance; and for other purposes.

HB 1499. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend Code Section 58-609, relating to the giving or furnishing of intoxicating or malt beverages on election days, so as to prohibit the giving or furnishing of intoxicating or malt beverages on election days only within the political unit holding the election; and for other purposes.

HB 1500. By Messrs. Kreeger, Atherton, Wilson, Howard, Burruss and McDaniell 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; and for other purposes.

HR 644-1500. By Messrs. Wilson, McDaniell, Kreeger, Burruss and Atherton of the 117th:
A Resolution proposing an amendment to the Constitution so as to create the City of Dallas Parking Authority; and for other purposes.

HR 645-1500. By Messrs. Wilson, McDaniell, Housley, Kreeger, Atherton and Burruss of the 117th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of Cobb County who is 62 years of age or over and who has an income not exceeding $5,000 per annum, shall be granted an exemption from all ad valorem taxation for educational purposes levied by said county; and for other purposes.

HR 646-1500. By Messrs. Wilson, Kreeger, McDaniell, Burruss and Atherton of the 117th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of the City of Marietta who is 62 years of age or over and has an income from all sources not exceeding $5,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes levied by said city; and for other purposes.

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HR 647-1500. By Messrs. Murphy and Dean of the 19th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Haralson County to enter into contracts with individuals, private firms and corporations for the lease or lease-purchase of certain facilities not exceeding 30 years for the use of governmental proprietary and administrative functions and to obligate said county to pay for the use of facilities from tax funds and other sources; and for other purposes.

HR 648-1500. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Resolution creating the State Department of Public Health Study Commission; and for other purposes.

HB 1501. By Messrs. Alexander of the 96th and Larsen of the 113th:
A Bill to be entitled an Act to amend Code Chapter 26-21, relating to distributing obscene materials, so as to change the provisions of said Code Chapter; to provide that the district attorney of any inferior court of a county may bring an action in the name of the State to abate such nuisance; and for other purposes.

HB 1502. By Messrs. Alexander of the 96th and Granade of the 75th:
A Bill to be entitled an Act to amend Code Section 26-2011, relating to public indecency, so as to provide that any person who willfully and knowingly enters into any public restroom or dressing room designated for use by the opposite sex commits public indecency; and for other purposes.

HB 1503. By Messrs. Alexander of the 96th and Granade of the 75th:
A Bill to be entitled an Act to amend Code Section 26-1802, relating to theft by taking, so as to provide that a person who interchanges the label from one item of mechandise with a label from another item of merchandise commits theft by taking; and for other purposes.

HB 1504. By Messrs. Alexander of the 96th, Marcus of the 105th and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to amend the provision relative to year-round operation of schools to require the State Board of Education to make State funds available to all local units of ad ministration or to a particular local until of administration for the operation of public schools on a year-round basis; and for other purposes.

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SB 347. By Senators Rowan of the 8th, Eldridge of the 7th, Doss of the 52nd and Herndon of the 10th:
A Bill to be entitled an Act to authorize, empower and direct county boards of health to provide comprehensive community services for certain mentally retarded and other developmentally disabled persons; and for other purposes.

SB 357. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act known as the "Trial Judges and Solicitors Retirement Fund Act", so as to provide that certain juvenile court judges shall be members of said Retirement Fund; and for other purposes.

SB 358. 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", so as to change the provisions relative to the basis for employer and employee contributions for district attorneys; and for other purposes.

SB 362. By Senators Plunkett of the 30th and Webb of the llth:
A Bill to be entitled an Act to amend Code Chapter 59-7, relating to juries, so as to authorize the judge, in his discretion, to allow the disper sion of the jury during the trial of criminal cases; and for other pur poses.

SB 364. By Senators Bateman of the 27th, Overby of the 49th, Zipperer of the 3rd and others:
A Bill to be entitled an Act to amend an Act establishing the Employees' Retirement System of Georgia, so as to include the Messenger and Doorkeeper of the Senate and the Messenger and Doorkeeper of the House of Representatives within the provisions of subsection (13) of Section 3 of said Act as amended; and for other purposes.

SB 365. By Senators Bateman of the 27th, Overby of the 49th, Zipperer of the 3rd and others:
A Bill to be entitled an Act to amend an Act establishing the Georgia Legislative Retirement System, so as to include the Messenger and Doorkeeper of the Senate and the Messenger and Doorkeeper of the House of Representatives as staff members; and other purposes.

MONDAY, JANUARY 31, 1972

917

SB 395. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the Board of Corrections, so as to provide that inmate trainees enrolled in any training1 program may repair or utilize any privately owned property or equipment in connection with their training; and for other purposes.

SB 396. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act authorizing 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; and for other pur poses.
SB 399. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to create a Youthful Offender Division of the State Board of Corrections; to provide for the staffing of the Youthful Offender Division; and for other purposes.
SB 400. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections and to prisons, so as to provide for the conferring of all powers of a police officer of this State upon designated officials of the Department of Corrections; and for other purposes.
SB 401. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 27-2506, relating to the punishment to misdemeanor offenses, so as to provide that first offenders between the ages of 16 and 19 who are adjudicated guilty of a misdemeanor shall be placed under the authority and control of the State Board of Corrections; and for other purposes.

SB 404. By Senators Kennedy of the 4th, Chapman of the 32nd, and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act relating to the disposition of funds deducted by the Director of Corrections from the earnings of a prisoner; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 405. By Senators Kennedy of the 4th, Chapman of the 32nd, and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act to comprehensively and exhaustively revise, supersede and consolidate the laws relating to the Board of Corrections, so as to provide that the Board shall furnish transportation, clothes, and money to a prisoner convicted of a felony who did not participate in a work release program; and for other purposes.

SB 414. By Senators Sutton of the 9th, Rowan of the 8th, Young of the 13th and Fincher of the 51st:
A Bill to be entitled an Act to amend Code Section 88-1205a, relating to the requirements of a bond for mass gatherings, so as to provide that no bond shall be required for a mass gathering in certain cases when a municipality or county owns said area and commits itself, in writing, to clean up the site; and for other purposes.

SB 417. By Senators Holloway of the 12th, Carter of the 14th and Webb of the llth:
A Bill to be entitled an Act to amend an Act establishing the Em ployees' Retirement System, so as to provide that all employee con tributions toward retirement allowances, social security benefits and group term life insurance shall be included in employee gross income reported for federal and state income tax purposes; and for other purposes.

SB 434. By Senators Stephens of the 36th and Chapman of the 32nd:
A Bill to be entitled an Act to provide that the State of Georgia shall be a party to the "Interstate Compact on Juveniles"; to declare certain legislative findings; and for other purposes.

SB 445. By Senators Holley of the 22nd, Starr of the 44th, Carter of the 14th and others:
A Bill to be entitled an Act to authorize the State of Georgia to participate in a matching and grant funds program with counties, municipalities and local promotion groups to promote tourist and busi ness travel, and vacation and convention business in such county, municipality or region in this State; and for other purposes.

SB 446. By Senators Holley of the 22nd, Starr of the 44th, Carter of the 14th and others:
A Bill to be entitled an Act to create the Executive Board of Georgia World Congress Center; and for other purposes.

MONDAY, JANUARY 31, 1972

919

SB 447. By Senators Holley of the 22nd, Starr of the 44th, Carter of the 14th and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Building Authority Act", so as to change the bonding capacity of the Authority; and for other purposes.

SR 219. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to provide that all courts of the State shall be a part of one unified judicial system; and for other purposes.

Mr. Matthews of the 63rd District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1446. Do Pass. SB 432. Do Pass, as Amended. SB 386. Do Pass. HB 571. Do Pass, by Substitute.
Respectfully submitted, Matthews of the 63rd, Chairman.

Mr. Rainey of the 47th District, Chairman of the Committee on Games & Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game & Fish 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 537-1205. Do Pass, by Substitute.
Respectfully submitted, Rainey of the 47th, Chairman.

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JOUENAL OF THE HOUSE,

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 has instructed me to report the same back to the House with the following recommendations:
HE 634-1485. Do Pass. HE 636-1488. Do Pass. HB 1448. Do Pass. HB 1465. Do Pass. HB 1467. Do Pass. HB 1468. Do Pass. HB 1469. Do Pass. HB 1472, Do Pass. HB 1480. Do Pass. HB 1481. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman.

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

HB 1448. By: Messrs. Alexander of the 108th, Adams of the 100th, Lane of the 101st, Savage of the 104th:
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, asi amended, so as to provide that the defendant shall serve and file his answer within 30 days after the service of the summons and complaint upon him; and for other purposes.

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

MONDAY, JANUARY 31, 1972

921

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

HB 1465. By Mr. Carter of the 64th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Nashville, as amended, so as to provide that candidates seeking election as aldermen shall seek election only to designated posts; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1467. By Messrs. Pinkston, Evans, Brown and Scarborough of the 81st, Groover of the 27th and others: A Bill to be entitled an Act to consolidate the governments of the City of Macon and Bibb County; to create a new political subdivision to be known as the "Macon-Bibb County, 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 ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1468. By Messrs, Mullinax, Ware, Knight and Potts of the 30th: A Bill to be entitled an Act to authorize officials of certain cities to appoint as peace officers, persons who are citizens of an adjoining state; to provide for qualifications; to provide an effective date; and for other purposes.

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

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JOURNAL OF THE HOUSE,

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

HB 1469. By Messrs. Reaves and Bennett of the 71st:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Brooks County on a salary basis, in lieu of the fee system of compensa tion, as amended, so as to change the provisions relative to the com pensation of the chief deputy sheriff; and for other purposes.

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

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

HB 1472, By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Clayton County, as amended, so as to change the membership of the Board of Commissioners 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 110, nays 0.

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

HB 1480. By Messrs. Busbee, Odom, Lee and Hutchinson of the 61st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, as amended, so as to change the requirements and qualifications of the General Manager, Assistant General Man ager, and Superintendents of the Water, Gas and Light Commission; and for other purposes.

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

MONDAY, JANUARY 31, 1972

923

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

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

HB 1481. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act so as to provide that the manner of making appointments to the Albany-Dougherty Hospital Authority may be changed from time to time by joint resolution of the board of commissioners of Albany and the Board of Commissioners of Dougherty 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.

HR 634-1485. By Mr. Collier of the 54th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Lee County, for regulatory and revenue pur poses, to levy, assess and collect license fees and occupational taxes on, and to regulate all persons, firms and corporations doing business within that portion of Lee County located outside of any incorporated muni cipalities, except businesses which are subject to regulation by the State Public Service Commission; to provide that the governing authority shall have the right and power to classify businesses and assess dif ferent license fees and occupational taxes against different classes of businesses; to authorize the governing authority of Lee County to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of such license fees and taxes; to provide for penalties; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof a new paragraph, to read as follows:

924

JOURNAL OF THE HOUSE,

"The governing authority of Lee County is hereby authorized, for regulatory and revenue purposes, to levy, assess and collect license fees and occupational taxes on, and to regulate all persons, firms and corporations doing business within that portion of Lee County located outside of any incorporated municipalities, except businesses which are subject to regulation by the State Public Service Commission. In levying and assessing such license fees and occupational taxes, and in regulating such businesses the gov erning authority shall have the right and power to classify busi nesses and to assess different license fees and occupational taxes against different classes of business. In order to provide for the public welfare, health and security of the citizens of Lee County, the governing authority of Lee County shall have the right to regulate and exercise police powers over any businesses located or operated within the unincorporated areas of said County, except those busi nesses which are subject to regulation by the State Public Service Commission. The governing authority shall have the further power to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees and occupational taxes by the issuance and levy of executions. Any person violating any rules or regulations adopted by the governing authority shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as for a misde meanor."
Section 2. That portion of Article VI, Section I of the Constitution, which was proposed by a Resolution ratified in the general election held on Tuesday, November 3, 1970 (Ga. Laws 1970, p. 1066), which reads as follows:

"Paragraph I. The governing authority of Lee County is hereby authorized to license and regulate businesses and to levy license taxes on all persons, firms and corporations doing business in the unincorporated area of said county, except businesses which are subject to regulation by the State Public Service Commission.",

is hereby repealed in its entirety.

Section 3. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to provide that the governing authority of Lee County shall have the power, for regulatory and revenue purposes,
NO ( ) to levy, assess and collect license fees and occupa tional taxes, and to regulate, any persons, firms or corporations doing business within that portion of Lee County located outside of any incorporated municipalities, except businesses which are subject to regulation by the State Public Service Commission; to provide that the governing authority shall have

MONDAY, JANUARY 31, 1972

925

the right and power to classify businesses and assess different license fees and occupational taxes against different classes of businesses; to authorize the gov erning authority of Lee County to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of such license fees and taxes; to provide for penalties; and to repeal that portion of Article VI, Section I of the Constitution which was ratified in the general election held on November 3, 1970 (Ga. Laws 1970, p. 1066) ?"

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

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

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantiey, H. L. Bray Brown, C. Brown, S. P. Buck

Burruss Busfoee Can-
Carter Chance Chandler Chappell Cheeks Clements Cole Colwell Coney, G. D. Conger Cbnnell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dixon Dormdny

Drury Edwards Egan Evans Farrar Floyd, J. H. Fraser Gary Gaynior Grahl Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill Housley Howard

926
Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Keyton King Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maul din

JOURNAL OF THE HOUSE,

Maxwell McDaniell McDonald Melton Miles Milford Miller
Moore Morgan Moyer Mulherini Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Peters PMllips, G. S. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach

Ross Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Strickland Sweat Thomason Thompson Toles Triplett Tripjp Turner Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T. Wood, R, E.

Those not voting were Messrs.:

Alexander, W. H. Bond Brown, B. D. Collier Colling, M. Collins, S. Coney, J. L. Dean, J. E. Dean, N. Ezzard Felton Floyd, L. R. Geisinger Gignilliat
Coney, J. L.

Granade Greer Hamilton Hill, G. Hood Horton Johnson Jordan Knight Larsen, W. W. Le vitas McCracken Merritt Mullinax Murphy

Oxford Phillips, L. L. Pickard Rush Savage Shepherd Sorrells Stephens Townsend Vaughn Wamble Ware Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 152, nays 0.

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

MONDAY, JANUARY 31, 1972

927

HR 636-1488. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the City of Newnan and its Board of Water, Sewerage and Light Commission to combine and operate the water and sewerage system and electric system of said City as one revenue undertaking and to issue revenue bonds for the purpose of adding to, extending and improving any facility of such combined utility and to secure payment of said bonds and interest thereon by pledging the revenues of such combined public utility for that purpose; 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 V of the Constitu tion is hereby amended by adding at the end thereof a new paragraph to read as follows:

"Notwithstanding any provisions of this Constitution to the contrary, the City of Newnan and its Board of Water, Sewerage and Light Commission are authorized and hereby empowered and granted the right, power and authority to combine the water and sewerage system and electric system now being maintained and operated by said board for the benefit of said City and to maintain, repair and operate such combined public utility as one revenue producing undertaking and to issue from time to time interest bearing revenue anticipation obligations, to be known and designated 'Public Utilities Revenue Bonds', for the purpose of acquiring, con structing, adding to, extending, improving and equipping any facility of such combined public utility and to pledge for the payment of the principal and interest on such public utilities revenue bonds all or any part of the revenues of such combined public utility and to create a lien thereon for that purpose, subject to any liens heretofore created thereon by law or contract. No election to au thorize the issuance of said bonds shall be required and the pledge of revenues from the combined public utility shall not be a debt of the City of Newnan within the meaning of Article VII, Section VII, Paragraph I of this Constitution. Such bonds may be issued from time to time bearing such rate or rates of interest as authorized by law and maturing within forty (40) years from their date in the years and amounts as determined by a majority vote of the governing body of the City of Newnan and by a majority vote of the members of the Board of Water, Sewerage and Light Com mission, and when so authorized, the procedure of the issuance and delivery, including validation, shall be, in all respects, in accordance with the Revenue Bond Law as now enacted and any amendments thereto, which law was originally known as the 'Revenue Certificate Law of 1937'. The rights, powers and authority herein conferred upon the City of Newnan and its Board of Water, Sewerage and Light Commission are self-executing and no enabling act of the General Assembly shall be necessary and are hereby made cumula-

928

JOURNAL OF THE HOUSE,

tive of and in addition to such other rights, powers and authority as they may have under the Constitution and laws of this State."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the City of Newnan and its Board of Water, Sewer age and Light Commission to combine and operate
NO ( ) the water and sewerage system and the electric system of said City as one revenue producing utility and to issue revenue bonds for adding to, extending and improving any facility of such combined uitility and to secure the payment of such bonds and interest, thereon by pledging the revenues of the combined utility for that purpose?"

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

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

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Aliens Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black

Blackshear Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown., C. Brown, S. P. Buck Burruss Busbee Carr

Carter Chance Chandler Chappell Cheeks Clements Cole Colwell Coney, G. D. Conger Connell Cook Dailey

Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dixon Dorminy Drury Edwards Egan Evans Farrar Floyd, J. H. Fraser Gary Gaynor Grahl Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, B. L. > Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessupi Jones, Herb Jones, J. R.

MONDAY, JANUARY 31, 1972

929

Keyton

King

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.

Matthews, D. R,

Mauldin

Maxwell

i

McDaniell

McDonald

Melton

Miles

Milford

Miller

Moore

Morgan

Moyer

Mulherin

Nessimith

Noble

Northcutt

Nunn

Odom

Patterson

Patten

Pearce Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Strickland Sweat Thomason Thompson Tolesi Tripletb Tripp Turner Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. H. Bond Brown, B. D. Collier
Collins, M. Collins, S.
Coney, J. L. Dean, J. E. Dean, N. Ezzard
Felton, Floyd, L. R.

Gei singer Gignilliat Granade Greer
Hamilton Hill, G.
Hood Horton Johnson Jordan
Knight
Larsen, W. W.

Le vitas McCracken Merritt Mullinax Murphy Oxford Phillips, L. L. Pickard Rush Savage Shepherd Sorrells

930
Stephens Townsend Vaughn

JOURNAL OF THE HOUSE,

Wamble Ware

Wilson Mr. Speaker

On the adoption of the Resolution, the ayes were 152, nays 0.

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

The following Resolution of the House was read and adopted:

HR 653. By Messrs. Smith of the 43rd, Greer of the 95th and Phillips of the 50th:
A RESOLUTION
Amending House Resolution No. 499, relative to a joint session to hear an address from Honorable Henry M. Jackson; and for other pur poses.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that House Resolution No. 499, relative to a joint session to hear a message from Honorable Henry M. Jackson is hereby amended by striking the following:
"12:00 o'clock noon" and inserting in lieu thereof the following:
"11:00 o'clock a.m." and by striking the following:
"11:45 o'clock a.m." and inserting in lieu thereof the following:
"10:45 o'clock a.m.",
so that Senator Jackson's address shall be at 11:00 o'clock a.m. and the joint session shall convene at 10:45 o'clock a.m.
The following message was received from the Senate through Mr. McWhorter, Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

MONDAY, JANUARY 31, 1972

931

HB 1209. By Messrs. Housley, Wilson, Howard, Kreeger, McDaniell and Atherton of the 117th:
A Bill to create the Cobb County Law Enforcement Study Commission; and for other purposes.

HB 1249. By Mr. Shanahan of the 8th:
A Bill to amend an Act creating a new Board of Education of Gordon County, so as to change the method of electing members of the Board of Education of Gordon County; and for other purposes.
HB 1261. By Messrs. Davis and King of the 86th, Berry and Thompson of the 85th and others:
A Bill to amend the Charter of Columbus, a consolidated city-county government; defining a method for allowing a reasonable estimate of cash revenues budgeted to be made for delinquent taxes and other uncollectibles; and for other purposes.

HB 1263. By Messrs. Buck and Pearce of the 84th, Thompson and Berry of the 85th and others:
A Bill to amend the Charter of Columbus, a consolidated city-county government, this amendment establishing qualifications of Councilman and providing that Councilmen shall be at least 21 years of age; and for other purposes.

HB 1301. By Messrs. Odom, Busbee, Hutchinson and Lee of the 61st:
A Bill to amend an Act empowering the City of Albany to furnish aid and relief and to grant pensions to employees of said City; so as to change the provisions respecting the employment of agents, employees and experts by the Board of Trustees and the City; and for other pur poses.

HB 1310. By Mr. Russell of the14th:
A Bill to consolidate the office of Tax Receiver and Tax Collector of Barrow County into the office of Tax Commissioner of Barrow Coun ty; and for other purposes.

HB 1328. By Mr. Wheeler of the 18th:
A Bill to amend an Act entitled "An Act to provide a board of com missioners for the County of Elbert," so as to change the compensation of the chairman of said board of commissioners; and for other purposes.

932

JOURNAL OF THE HOUSE,

HB 1330. By Mr. Wheeler of the 18th:
A Bill to amend an Act placing the clerk of the Superior Court and the ordinary of Elbert County upon an annual salary, so as to change the compensation of the clerk of the Superior Court and the ordinary; and for other purposes.

HB 1331. By Mr. Wheeler of the 18th:
A Bill to amend an Act changing the compensation from the fee system to the salary system, so as to change the compensation of the sheriff; and for other purposes.

HB 1334. By Mr. Wheeler of the 18th:
A Bill to amend an Act creating the office of tax commissioner of Elbert County, so as to change the compensation of said tax commissioner; and for other purposes.

HB 1363. By Mr. Daileyof the 53rd:
A Bill to amend an Act abolishing the fee system for the sheriff of Calhoun County and providing in lieu thereof an annual salary, so as to change the compensation of said Sheriff; and for other purposes.

HB 1364. By Mr. Dailey of the 53rd:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court of Calhoun County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other pur poses.

HB 1365. By Mr. Dailey of the 53rd: A Bill to amend an Act abolishing the present mode of compensating the Ordinary of Calhoun County, known as the fee system, and pro viding in lieu thereof annual salary for said officer, so as to change the provisions relative to the compensation of said officer; and for other purposes.
HB 1370. By Messrs. Black and Edwards of the 45th: A Bill to provide that in each county having a certain population, the sheriff shall be paid on a salary basis instead of the fee system; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

MONDAY, JANUARY 31, 1972

933

HE 1332. By Mr. Wheeler of the 18th:
A, Bill to amend an Act entitled "An Act to provide a board of com missioners for the County of Elbert", so as to provide for the powers and duties of the Chairman of the Board of Commissioners of Elbert County; and for other purposes.

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

SB 366. By Senators Kidd of the 25th, Lester of the 23rd and others:
A Bill to amend an Act requiring that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, so as to provide for an additional credit to be given criminal defendants who are con fined in an institution or facility for treatment or examination of a physical or mental disability; and for other purposes.

SB 390. By Senator Overby of the 49th:
A Bill to amend an Act comprehensively revising appellate and other post trial procedure, as amended, so as to change the provisions relating to dismissal of appeals; and for other purposes.

SB 397. By Senators Kennedy of the 4th, Chapman of the 32nd and others:
A Bill to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating to the State Board of Corrections, as amended, so as to authorize the Director of Corrections to transfer prisoners who may be controversial, discordant, or intractable and prisoners who are serving concurrent State and Federal sentences; and for other purposes.

SB 411. By Senators Plunkett of the 30th and Carter of the 14th, and others:
A Bill to regulate proprietary business, technical, vocational, and home study schools in ethical standards of operation to assure the continued growth of these schools' contribution to the needs of the citizens and economic development of the State; and for other purposes.

SB 426. By Senator Rowan of the 8th:
A Bill to provide that it shall be unlawful for any person to sell a new bicycle or a pedal for use on a bicycle unless said pedals are equipped with a reflector, of a type approved by the Department of Public Safety; and for other purposes.

934

JOURNAL OF THE HOUSE,

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

SR 221. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to the jurisdiction of the Supreme Court and the jurisdiction, composition and the election of judges of the Court of Appeals; and for other purposes.

SR 222, By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to provide that the venue of all cases shall be as provided by law; 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 366. By Senators Kidd of the 25th, Lester of the 23rd, McGill of the 24th and London of the 50th:
A Bill to be entitled an Act to amend an Act requiring that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, so as to provide for an additional credit to be given criminal de fendants who are confined in an institution or facility for treatment or examination of a physical or mental disability; and for other purposes.
Referred to the Committee on Judiciary.

SB> 390. By Senator Overby of the 49th:
A Bill to be entitled an Act to amend an Act comprehensively revising appellate and other post-trial procedures, so as to change the provisions relating to dismissal of appeals; and for other purposes.
Referred to the Committee on Judiciary.

SB 397. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections, so as to authorize the Director of Corrections to transfer prisoners who may be controversial, discordant, or intractable and prisoners who are serving concurrent State and Federal sentences; and for other purposes.
Referred to the Committee on State Institutions & Property.

MONDAY, JANUARY 31, 1972

935

SB 411. By Senators Plunkett of the 30th, Carter of the 14th, Starr of the 44th and others:
A Bill to be entitled an Act to regulate proprietary business, technical, vocational, and home study schools in ethical standards of operation to assure the continued growth of these schools' contribution. to the needs of the citizens and economic development of the State; and for other purposes.
Referred to the Committee on Education.

SR 221. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to change the jurisdiction of the Supreme Court and the jurisdiction, composition and the election of judges of the Court of Appeals; and for other purposes.
Referred to the Committee on Special Judiciary.

SR 222. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to provide that the venue of all cases shall be as provided by law; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 426. By Senator Rowan of the 8th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to sell a new bicycle or a pedal for use on a bicycle unless said pedals are equipped with a reflector, of a type approved by the Depart ment of Public Safety; and for other purposes.
Referred to the Committee on Motor Vehicles.

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

HB 1153. By Messrs. Brown, Evans, Pinkston and Scarborough of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act entitled "The Uniform Act Regulating Traffic on, Highways", so as to change the definition of the term "school bus"; and for other purposes.

Mr. Murphy of the 19th moved that further consideration of HB 1153 be

936

JOURNAL OP THE HOUSE,

postponed until tomorrow morning immediately after the period of unanimousconsents.

The motion prevailed.

HB 1181. By Mr. Sorrellsof the 24th: A Bill to be entitled an Act to create a new judicial circuit for the State of Georgia to be known as the Alcovy Judicial Circuit, to be composed of the counties of Newton and Walton; and for other purposes.
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

Berry

Black

Blackshear

Bohannon

Bond

Bostick

Bowen

Brantiey, H. H.

Brantley, H. L.

Bray

j

Brown, B. D.

Brown, C.

Brown, S. P.

Buck

Burruss

Busfoee

Oarr

Carter

Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Egan Evans Ezzard Farrar

Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb

MONDAY, JANUARY 31, 1972

937

Jones, J. R. Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. 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
Miles
Milford
Miller

Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patter son Patten Pearce Peters Phillips, G. S. Phillips, W. R, Piekard Pinkston Poole Potts Rainey Reaves Roach Ross
Rush
Russell, A. B.
Salem

Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R, Smith, V. T. Snow Sorrells Stephens Strickland Thomason Thompson Toles1 Townsend Trippi Turner Wamble Wa;re Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson
Wood, J. T.
Wood, R. E.

Those voting in the negative were Dixon and Sweat.

Those not voting were Messrs.:

Alexander W. M. Daugherty Fraser Greer Hamilton Hill, B. L. Hill, G. Hood

Hudson, C. M. Jordan Keyton King Lambert Larsen, W. W. Merritt

Odom Phillips, L. L. Russell, H. P. Russell, W. B. Triplett Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 171, nays 2.

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

938

JOURNAL OF THE HOUSE,

HB 1121. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act, relating to the authority of municipalities and counties to levy and collect license, occupational or professional taxes upon practitioners of certain professions, so as to include landscape architects and land surveyors within the provisions of said Act; and for other purposes.

The following amendment was read and adopted:

Mr. Miller of the 83rd moves to amend HB 1121 by adding the words "applied psychology," after the word "optometry" on line 25 of page 1--
and by adding the words "applied psychologists," after the word "include" on line 5 of page 1.
The report of the Committee, which was favorable to the passage of the Bill was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 108, nays 2.

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

HR 629-1476. By Messrs. Levitas of the 77th and Pickard of the 84th:
A RESOLUTION
Proposing an Amendment to the Constitution to change the name and designation of the Department of Industry and Trade to the De partment of Community Development; to change the name and designa tion of the Board of Commissioners of the Department of Industry and Trade to the Board of Community Development; to provide for the sub mission of this Amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article V, Section X, Paragraph I of the Constitution is hereby amended by striking Paragraph I in its entirety and substituting a new Paragraph I to read as follows:
"Paragraph I. There is hereby created the Department of Community Development in lieu of and as successor to the Depart ment of Industry and Trade. Wherever the words "Department of

MONDAY, JANUARY 31, 1972

939

Industry and Trade" are used in any statute they shall be held and taken to mean the Department of Community Development. There is hereby created a Board of Community Development in lieu of and as successor to the Board of Commissioners of the Department of Industry and Trade. Wherever the words "Board of Commission ers of the Department of Industry and Trade" are used in any statute they shall be held and taken to mean the Board of Com munity Development. The Board shall be composed of twenty members, two from each Congressional District in the State. The Board shall be the policy determining body of the Department and shall have such duties, powers, authority and jurisdiction relating to the Department as shall be provided by law. Nothing herein shall affect the terms of office of members of the Board of Commission ers now in office, and such members shall serve out the remainder of their respective terms and until their successors are duly elected and qualified as hereunder provided. The successors to such mem bers, except in case of an appointment to fill a vacancy, shall be for six years dating from April 1 of the beginning year of such term. The Governor shall appoint all successors. In the event a vacancy occurs on the Board, the Governor shall appoint a person to serve the unexpired terra. In making appointments to the Board, the Governor shall insure that there is representation from local governments and area planning and development commissions as provided by law. The Board shall appoint a Commissioner who shall be the Executive Officer and Administrative Head of the Depart ment."

Section 2. Article V, Section X, Paragraph II of the Constitution is hereby amended by striking Paragraph II in its entirety and sub stituting a new Paragraph II to read as follows:

"Paragraph II. In addition to such powers and duties as may from time to time be conferred upon the Board of Community Development and the Department of Community Development, the Board of Community Development shall be authorized to participate with any county, municipality, non-profit organization, or any combination thereof, in. the operation of any of the facilities operated by such agencies for the purpose of encouraging and promoting tourism in this state, notwithstanding any other provisions of this Constitution to the contrary."
Section 3. 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 to change the name and designation of the Department of Industry and Trade to the Department of Community De velopment and to change the name and designation
NO ( ) of the Board of Commissioners of the Department of Industry and Trade to the Board of Community Development?"

940

JOURNAL OF THE HOUSE,

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

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

The report of the Committee, which was favorable to the adoption of the

Resolution, was agreed to.

)I

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 Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Burruss Busbee Carr Carter Ohance Chandler Chappell Cheeks Clements Cole Colwell Coney, G. D. Coney, J. L.

Conger Connell Cook Dailey Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Egan Evans Ezzard Parrar Felton Floyd, J. H. Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes

Hays Hill, B. L. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutehinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin

Maxwell McCracken McDaniell Merritt Miles Miller Moore Morgan Moyer Mulherin Nessmith
Noble
Northeutt
Nunn
Odom
Oxford
Patterson
Patten
Pearce

MONDAY, JANUARY 31, 1972

941

Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Rainey Roach Ross Russell, H. P. Russell, W. B.
Salem
Savage
Scarborough
Shanahan
Shepherd
Sherman
Sims

Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Thomason Thompson Tolesi Town/send . Triplett Tripp
Turner
Wheeler, Bobby
Wheeler, J. A.
Williams
Wilson
Wood, J. T.
Wood, R. E.

Voting in the negative was Mr. Whitmire.

Those not voting were Messrs.:

Adams, Marvin Bowen Brown, C. Buck Collier Collins, M. Collins, S. Daugherty Dixon Floyd, L. R. Fraser Hamilton

Hill, G. Hood Knight Lane, W. J. Larsen, W. W. McDonald Melton Milford Mullinax Murphy Phillips, W. R.

Potts Reaves Rush Russell, A. B. Sorrells Strickland Sweat Vaughn Wamble Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 160, nays 1.

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

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

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JOURNAL OF THE HOUSE,

HB 1332. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act entitled "An Act to provide a board of commissioners for the County of Elbert", so as to provide for the powers and duties of the Chairman of the Board of Commissioners of Elbert County; and for other purposes.

The following Senate amendment was read:
The County and Urban Affairs Committee moves to amend HB 1332 as follows:
By inserting in line 19 of page 1, immediately before the word "to", the following:
"to provide for a referendum;".
By renumbering Section 2 as Section 3.
And, by inserting following Section 1 the following:
"Section 2. It shall be the duty of the Ordinary of Elbert County to issue the call for an election for the purpose of submit ting this Act to the voters of said County for approval or rejection. The Ordinary shall set the date of such election for August 8, 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 Elbert County. The ballot shall have written or printed thereon the words:
'YES ( ) Shall the Act providing for a change in the pow ers, duties, and responsibilities of the Chairman
NO ( ) and members of the Board of Commissioners of Elbert 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 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 Elbert 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."

Mr. Wheeler of the 18th moved that the House agree to the Senate amend ment.

MONDAY, JANUARY 31, 1972

943

On the motion, the ayes were 110, nays 0.

The motion prevailed and the Senate amendment to HB 1332 was agreed to.

Pursuant to the provisions of HR 499, the Senate appeared upon the floor of the House at 10:45 o'clock, and the Joint Session, convened for the purpose of hearing an address from the Honorable Henry M. Jackson, United States Senator, was called to order by the President of the Senate.

The Secretary of the Senate read HR 499, previously adopted by the House and Senate, calling for the Joint Session.

Accompanied by the Committee of Escort, Governor Jimmy Carter, Senator Henry M. Jackson, and other distinguished guests appeared upon the floor of the House.
Having been introduced by His Excellency Governor Jimmy Carter, the Honorable Henry M. Jackson, United States Senator from the State of Washing ton, addressed the Joint Session.
Senator Holley of the 22nd moved that the Joint Session be now dissolved and the motion prevailed.
The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 658. By Messrs. Triplett of the 93rd, Jones of the 87th, Alien of the 92nd, Gaynor of the 88th, Gignilliat of the 89th, Battle of the 90th, Blackshear of the 91st and Hill of the 94th:
A RESOLUTION
Commending Royce Lionel Smith; and for other purposes.
WHEREAS, Royce Lionel Smith, the son of Mr. and Mrs. M. G. Smith of Garden City, Georgia, has earned national recognition for his

944

JOURNAL OF THE HOUSE,

outstanding athletic ability as a member of the University of Georgia football team; and

WHEREAS, he graduated from Robert W. Groves High School in 1967, where he was in the top third of his class, a member of the foot ball, baseball and track teams, and a member of the "G" Club; and

WHEREAS, as a result of his determination as a member of the Bulldogs and his amazing offensive abilities, he was chosen as a member of the 1971 Associated Press and United Press International All-SEC football teams and was named as an All-American by the Associated Press and United Press International; and

WHEREAS, the Bulldogs' outstanding offensive guard lead his team's way to an outstanding record of ten victories in regular season play, a victory in the 1971 Gator Bowl, and recognition as one of the nation's top ten teams; and

WHEREAS, he is the recipient of the Jacobs Blocking Trophy, which is annually awarded to the outstanding blocker in the South eastern Conference.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize Royce Lionel Smith for his outstanding record as a member of the University of Georgia Bulldogs football team, and do hereby congratu late him on the many well-deserved awards and recognitions which he has received as a result of his dedication and determination as one of Georgia's most outstanding athletes.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropri
ate copy of this Resolution to Royce Lionel Smith.

HR 659. By Mr. Farrar of the 77th:
A RESOLUTION
Commending the Southwest DeKalb High School Band and Band Director S. E. Turrentine; and for other purposes.
WHEREAS, the Southwest DeKalb High School Band, under the capable direction of Band Director S. E. Turrentine, has become one of the most outstanding high school bands in the United States; and
WHEREAS, for the last five consecutive years the band has re ceived a Superior rating at the Fourth District Music Festival; and
WHEREAS, the last Superior rating received by the band was a Superior Plus since the band was far more superior than any other participating band; and

MONDAY, JANUARY 31, 1972

945

WHEREAS, the marching band staged a nationally televised half time show for the Falcons vs. Rams in 1971, performed for the Atlanta Braves 100th Anniversary of Baseball, and staged a Georgia Tech pregame show for the Scottish Rite Hospital; and

WHEREAS, the marching band has played in two stage band per formances for cancer benefit programs and performed with Urbie Green, jazz trombonist, in 1971; and

WHEREAS, the band toured Europe in the summer of 1970 and performed for various audiences throughout Europe; and

WHEREAS, the 1971 Symphony Spring Concert of the band was conducted at Symphony Hall which was a first for a high school band; and

WHEREAS, the band performed in the national competition for marching and concert in 1971 against some of the best high school bands in the country; and

WHEREAS, this competition was entitled, "The Virginia Beach Music Festival of 1971", and the Southwest DeKalb High School Band won the third place trophy for its brilliant performances; and

WHEREAS, it is the desire of the members of this Body to recog nize this remarkable high school marching band and Band Director S. E. Turrentine for their truly outstanding accomplishments and achieve ments.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPESENTATIVES that this Body does hereby commend and con gratulate the Southwest DeKalb High School Band and Band Director S. E. Turrentine for the matchless honors and awards they have re ceived during the past five years.

BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to forward an appropriate copy of this Resolution to Mr. S. E. Turrentine, Director of the Southwest DeKalb High School Band.

HR 660. By Messrs. Pearce, Pickard and Buck of the 84th, Berry and Thompson of the 85th, Davis of the 86th and King of the 86th:
A RESOLUTION
Expressing sympathy at the passing of the Honorable William H. Young, Jr.; and for other purposes.
WHEREAS, the Honorable William H. Young, Jr. passed away on Thursday, January 20, 1972; and

946

JOURNAL OF THE HOUSE,

WHEREAS, he served with distinction as a member of the House of Representatives from 1945 through 1946; and

WHEREAS, he was born in Columbus, Georgia, on October 27, 1904, attended the Muscogee County School System, and was a graduate of Riverside Military Academy and the University of Georgia Law School; and

WHEREAS, he was active in many civic, social and political organi zations, and was a member of Sigma Alpha Epsilon, Phi Delta Phi, the Columbus Lawyers Club, the State Bar of Georgia, the American Bar Association, the American College of Probate Counsel and the American Association of Railroad Trial Attorneys; and

WHEREAS, he served as Chairman of the Third District Demo cratic Executive Committee, was a former Muscogee County guardian and administrator, and served as Chairman of the Board of Trustees of the Columbus School System; and

WHEREAS, he was a member of the Board of Directors of the Chattahoochee Valley Fair Association, a former member of the Kiwanis Club, a member of the Big Eddy Club and an active member of the Trinity Episcopal Church; and

WHEREAS, he was the devoted husband of Mrs. Laura Waddell Young and the dedicated father of two outstanding children, Mrs. Don ald C. Bowman and Mr. William H. Young, III; and

WHEREAS, the members of this body are deeply saddened at the passing of the Honorable William H. Young, Jr.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regret at the passing of the Honorable William H. Young, Jr., and do hereby extend their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the family of the Honorable William H. Young, Jr.

HR 661. By Mr. Black of the 45th and Mrs. Merritt of the 46th:
A RESOLUTION
Expressing sympathy at the passing of the Honorable Thaddeus Marion Jones; and for other purposes.
WHEREAS, the Honorable Thaddeus Marion Jones passed away on January 23, 1972; and

MONDAY, JANUARY 31, 1972

947

WHEREAS, he served as a distinguished member of the House of Representatives, representing Sumter County from 1955 through 1962; and

WHEREAS, he was born on November 17, 1901, in Plains, Georgia, graduated from Plains High School, and was active in the economic, so cial, civic and political life of his community, having been a Mason, an Elk and a member of many other civic and social organizations; and

WHEREAS, he was a dedicated husband and the father of two outstanding children; and

WHEREAS, the members of this body are deeply saddened by the untimely passing of the Honorable Thaddeus Marion Jones.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regrets at the untimely passing of the Honorable Thaddeus Marion Jones, and do hereby extend their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the family of the Honorable Thaddeus Marion Jones.

HR 662. By Messrs. Northcutt, Lee and Gary of the 21st, Farrar of the 77th and Longino of the 98th:
A RESOLUTION
Relative to Children With Learning Disabilities Week; and for other purposes.
WHEREAS, the week of January 30, 1972, has been designated by Governor Carter as Children With Learning Disabilities Week; and
WHEREAS, there are thousands of children within the State of Georgia who are afflicted with disabilities which impair their ability to learn; and
WHEREAS, it is of the utmost importance that these children with these impairments be given the special and necessary instruction in order that they might achieve the needed education to the fullest extent pos sible; and
WHEREAS, in recent years, much progress has been made toward providing these educational opportunities, but there remains a great deal yet to be done.

948

JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby urge each and every member of the House and each and every citizen of the State of Georgia to direct their attention to the needs of this State's children who are af flicted with learning disabilities and, in particular, to focus their at tention on the needs and problems of these children during the week of January 30, which has been designated as Children With Learning Dis abilities Week.

HR 663. By Mr. Atherton of the 117th:
A RESOLUTION
Commencing the municipal officials and employees of Georgia upon the occasion of the Fourteenth Annual Georgia Mayors' Day; and for other purposes.
WHEREAS, municipal government historically is the oldest form of organized government and the form of government closest to the people; and
WHEREAS, citizen participation in municipal government provides basic expressions of the American Democratic Process; and
WHEREAS, municipalities have gladly shouldered the responsibility of providing basic services to foster the health, safety, welfare, comfort and convenience of the citizens who live in our cities and towns and the environs thereof; and
WHEREAS, municipalities provide services vital to the progress of business and industry which must grow and prosper to provide employ ment for all able and willing Georgians; and
WHEREAS, the municipalities of this State provide centers of re ligious, educational, cultural, social and recreational activity without which civilized progress would be stifled; and
WHEREAS, the city officials of Georgia have voluntarily sought public office to serve their communities toward the end that each Georgian may enjoy a full, happy and productive life; and
WHEREAS, the members of the Georgia General Assembly are fully aware of the contributions of municipal government to the State of Georgia and its people.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby recognize and pay tribute to the municipal officials and employees of Georgia upon the occasion of the Fourteenth Annual Georgia Mayors' Day, this January 31, 1972.

MONDAY, JANUARY 31, 1972

949

HE 664. By Messrs. Gaynor of the 88th and Gignilliat of the 89th:

A RESOLUTION

Expressing regrets at the passing of the Honorable Edwin A. McWhorter; and for other purposes.

WHEREAS, the Honorable Edwin A. McWhorter died in Savannah on January 25, 1972, at the age of 74; and

WHEREAS, he had served with great distinction since January 1, 1955, as Judge of the Superior Court of Chatham County and was, in the words of his colleagues on the bench, "a brilliant and meticulous jurist" and "a profound man and a thorough man, a man of ability, integrity and character"; and

WHEREAS, a native of Brunswick, a 1916 graduate of Savannah High School and a World War I veteran, he graduated from the Uni versity of Georgia in 1920 and its Law School in 1922; and

WHEREAS, he was admitted to the Georgia Bar in 1921 and prac ticed law in Savannah until his election to a new superior court judgeship, and had served as President of the Savannah Bar Association; and

WHEREAS, he was Elder Emeritus of the First Presbyterian Church of Savannah, of which he had been an active and devoted member since 1914; and

WHEREAS, he was Grand Master of the Grand Lodge of Georgia, Free and Accepted Masons, in 1963, past Master of Solomons Lodge No. 1, Free and Accepted Masons, a 33rd degree Scottish Rite Mason and a member of the Red Cross of Constantine and Royal Order of Scotland; and

WHEREAS, Judge McWhorter was a man of great compassion, who loved the law and his fellow man and, thus, who earned the high respect of those who practice the law and of his fellow man; and

WHEREAS, he personified the dignity of law and of justice.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby express their deepest and sincerest regrets at the passing of one of this State's most outstanding and distinguished citizens, the Honorable Edwin A. McWhorter.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an appro priate copy of this Resolution to the family of the Honorable Edwin A. McWhorter.

950

JOURNAL OF THE HOUSE,

HR 665. By Messrs. Coney of the 82nd, Matthews and Logan of the 16th, Pinkston and Evans of the 81st, Praser of the 59th, Miller of the 83rd and others:

A RESOLUTION

Relative to Honorable Wallace Butts; and for other purposes.

WHEREAS, on February 7, 1972, Wallace Butts will observe his 67th birthday; and

WHEREAS, during Wally Butts' tenure as head coach and athletic director of the University of Georgia, the University experienced some of its finest hours of athletic achievement under this brilliant tutor and mastermind of football strategy; and

WHEREAS, Wally Butts not only achieved a remarkable record of athletic success while head football coach of the Bulldogs, but he played a primary role in the molding of young athletes under his tutorage into fine, young men and citizens of this State; and

WHEREAS, it is only befitting and proper that this body recognize the outstanding accomplishments and contributions which this distin guished citizen has made to his State and Nation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend its warmest and heartiest congratulations to Wally Butts upon his observance of his 67th birthday and does wish for him continued good health and success.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Honorable Wallace Butts.

The following Resolutions of the House were read and referred to the com mittees :

HR 666. By Mr. Thomason of the 77th:
A RESOLUTION
Urging the governing authorities of the City of Atlanta, Fulton County and DeKalb County to take all actions necessary to require that two police officers be assigned to each police patrol car; and for other purposes.
WHEREAS, the City of Atlanta, Fulton County and DeKalb Coun ty constitute a densely populated area of the State of Georgia; and

MONDAY, JANUARY 31, 1972

951

WHEREAS, this area has recently witnessed the murder of several police officers and numerous assaults on police officers; and

WHEREAS, the duties performed by the police officers in this high ly populated area constantly place said police officers in danger of serious bodily harm; and

WHEREAS, two-man police patrol cars will be a significant step in reducing this danger of bodily harm to the police officers.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby urge the governing authorities of the City of Atlanta, Fulton County and DeKalb County to take all actions necessary to insure that two police officers are assigned to each police patrol car under their jurisdiction.

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 governing authorities of the City of Atlanta, Fulton County and DeKalb County.

Referred to the Committee on State Planning and Community Affairs.

HR 667. By Messrs. Nunn of the 41st, Levitas, Thomason and Russell of the 77th, Marcus of the 105th, Sweat of the 65th and Isenberg of the 67th:
A RESOLUTION
Petitioning the President of the United States to call upon the Soviet Government to end discrimination against religious minorities; and for other purposes.
WHEREAS, in the Soviet Union men and women are denied free doms recognized as basic by all civilized countries of the world and in deed by the Soviet Constitution; and
WHEREAS, Jews and other religious minorities in the Soviet Union are being denied the means to exercise their religion and sustain their identity; and
WHEREAS, the Government of the Soviet Union is persecuting Jewish citizens by denying them the same rights and privileges accorded other recognized religions in the Soviet Union and by discriminating against Jews in cultural activities and access to higher education; and
WHEREAS, the right freely to emigrate, which is denied Soviet Jews who seek to maintain their identity by moving elsewhere, is a right affirmed by the United Nations Declaration of Human Rights, adopted unanimously by the General Assembly of the United Nations; and

952

JOURNAL OF THE HOUSE,

WHEREAS, these infringements of human rights are an obstacle to the development of better understanding and better relations between the people of the United States and the people of the Soviet Union.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that it is the sense of this Body that the Presi dent of the United States of America be memorialized to call upon the Soviet Government to permit the free exercise of religion by all its citizens in accordance with the Soviet Constitution, to end discrimination against religious minorities, and to permit its citizens to emigrate from the Soviet Union to the countries of their choice as affirmed by the United Nations Declaration of Human Rights.

BE IT FURTHER RESOLVED that the Clerk of the House is here by authorized and directed to transmit an appropriate copy of this Reso lution to the President of the United States.

Referred to the Committee on Rules.

HR 668. By Messrs. Jones of the 87th, Moore of the 6th, Hill of the 94th, Patterson of the 20th, Davis of the 75th, Northcutt of the 21st and Knight of the 30th:
A RESOLUTION
Urging the Medical Association of Georgia to encourage physicians to prescribe certain drugs only when absolutely necessary and provide the public with certain information concerning the dangers of patent medicines; and for other purposes.
WHEREAS, drug abuse has become a problem of serious concern throughout the State of Georgia; and
WHEREAS, the support and efforts of all of the citizens of Georgia are necessary to combat this growing problem; and
WHEREAS, drug addiction and abuse by individuals often starts with seemingly innocent and legitimate uses of drugs and patent medi cines.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby urge the Medical Association of Georgia to provide immediate and effective leadership in encouraging physicians licensed in the State of Georgia to prescribe drugs, especially potentially habit-forming drugs, only when absolutely necessary.
BE IT FURTHER RESOLVED that the members of this body hereby urge the Medical Association of Georgia to provide the public

MONDAY, JANUARY 31, 1972

953

with information concerning the dangers of patent medicines as potential sources of future drug abuse problems.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Medical Association of Georgia.

Referred to the Committee on Health and Ecology.

HR 669. By Messrs. Jones of the 87th, Moore of the 6th, Hill of the 94th, Patterson of the 20th, Davis of the 75th, Northcutt of the 21st and Knight of the 30th:
A RESOLUTION
Urging the State Board of Education to adopt and implement a State-wide discipline guide; and for other purposes.
WHEREAS, policies relative to discipline, conduct, type of dress and general demeanor vary widely among the various county and independent school systems within the State of Georgia; and
WHEREAS, the general demeanor of the student body of any school is important to insure and foster a wholesome and educationally effec tive atmosphere and environment in Georgia schools ;and
WHEREAS, a State-wide guide adopted by the State Board of Ed ucation should be adopted so as to provide uniformity in such rules among the various school systems of this State.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the State Board of Education is hereby urged to adopt and implement a State-wide discipline guide to include recommendations relative to student, teacher and parental conduct, dress and general demeanor.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the State Board of Education.

Referred to the Committee on Education.

HR 670. By Messrs. Jones of the 87th, Moore of the 6th, Hill of the 94th, Patterson of the 20th, Davis of the 75th, Northcutt of the 21st and Knight of the 30th:
A RESOLUTION
Urging the Federal Communications Commission to support legisla-

954

JOURNAL OF THE HOUSE,

tion currently pending in Congress prohibiting the advertising of drugs on radio and television; and for other purposes.

WHEREAS, the State of Georgia and the nation have recently ex perienced an alarming rise in drug abuse and drug addiction; and

WHEREAS, drug abuse is a problem which deeply concerns all of the citizens of Georgia; and

WHEREAS, drug abuse often begins with the seemingly innocent and legitimate use of easily obtainable patent medicines and drugs; and

WHEREAS, our State and nation have witnessed a marked in crease in the number of drug advertisements and commercials on radio and television during the past decade; and

WHEREAS, this constant barrage of advertisements proclaiming the virtues of various drugs and patent medicines tends to instill a mis conception of the proper role of drugs and patent medicines in the citi zens of our State and nation, and especially in children.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body hereby urge the Federal Communications Commission to support legislation currently pending in Congress which would ban or restrict the advertising of drugs on radio and television.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Federal Communications Commis-

Referred to the Committee on Industry.
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 1285. By Messrs. Thomason of the 77th, Mullinax of the 30th, Fraser of the 59th, Evans of the 81st and Melton of the 32nd: A Bill to be entitled an Act to provide that all meetings of any state department, agency, board, bureau, commission or political subdivision and the governing authority shall be open to the public at all times; and for other purposes.
Mr. Busbee of the 61st moved that further consideration of HB 1285 be post-

MONDAY, JANUARY 31, 19.72

955

poned until tomorrow morning immediately after the period of unanimous con sents.

The motion prevailed.

The Speaker announced the House recessed until 5:00 o'clock, P.M.

The Speaker called the House to order.

Mr. Floyd of the 7th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committes on Appropriations has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1204. Do Pass, by Substitute.
Respectfully submitted, Ployd of the 7th, Chairman.

Mr. McCracken of the 36th District, Chairman of the Committee on Insur ance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1482. Do Pass.
Respectfully submitted, McCracken of the 36th Chairman.

Mr. Collier of the 54th District, Vice-Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol-

956

JOURNAL OF THE HOUSE,

lowing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1454. Do Pass, as Amended.
HB 1486. Do Pass.
HB 1487. Do Pass.

Respectfully submitted, Collier of the 54th Vice-Chairman.

Mr. Howell of the 60th District, Chairman of the Committee on State of Re public, submitted the following report:

Mr. Speaker:

Your Committee on State of Republic has had under consideration the follow ing Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

SB

368. Do Pass.

SB

369. Do Pass.

SB

168. Do Pass.

HB 1317. Do Pass.

HB 1404. Do Not Pass.

HR 608-1425. Do Pass.

HR 615-1431. Do Not Pass.

Respectfully submitted, Howell of the 60th, Chairman.

Leave of absence was granted to Mr. Melton of the 32nd, this day, in order that he might attend to urgent personal business.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.
The Speaker announced the House adjourned until 10:00 o'clock tomorrow morning.

TUESDAY, FEBRUARY 1, 1972

957

Representative Hall, Atlanta, Georgia Tuesday, February 1,1972

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. H. Kelmer Burden, Pastor, Kite Church of God, Kite, Georgia:
Almighty God, Who hast granted unto this nation the democratic ideal by which our destiny may be fashioned: we thank Thee that Thou hast blessed our land to survive the infectious climate of confusion and uncertainty, helplessness and irresponsibility, by preserving among us enlightened and concerned citizens who cherish their heritage and who have purposed in their hearts to extend it. We thank Thee for likeminded leaders who Thou hast raised up to guide our republic. We would pray that Thou wouldst grant whose whom we have entrusted with the authority of government to be responsible and wise, courageous and strong. And guide us, the people, to expect of them and to support them in all wise legislation and a faithful administration that we may all prosper under an equal law. Defend our liberties and grant us a sense of our responsibility. Achieve unity of purpose among us, and grant unto us the victory of faith in the ideals to which we are com mitted as a nation. Strengthen us with honor and grant us peace. Provide us, O God, with the strength and spiritual sustenance for performing with might the tasks with which our common life yet confronts us; this is our common prayer. 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.

958

JOURNAL OF THE HOUSE,

3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Tuesday, February 1, 1972, and submits the following:
HB 324. Ad Val. Taxes, Tangible Property. HB 373. Mental Home Care of 111 and Aged. HB 571. Application, fungicides, herbicides. HB 809. Public Ass't. Act, Repayment of Sums. HB 1107. Auto Wrecking Company, Custody. HB 1151. Motor Vehicle Liability Insurance. HB 1153. School Bus, Change Definition (postponed). HB 1168. Banks, Checks, Drafts. HB 1204. Appropriations, certain agencies. HB 1244. Groundwaters, Regulate, Use. HB 1255. Teachers, Health Insurance Plan. HB 1285. State Departments, open meetings (postponed). HB 1293. Foreclosure Sale, Real Estate, Notice. HB 1304. Home Solicitation, Right to Cancel Sale. HB 1308. Corporations, Amend Code Title 22. HB 1317. State Treasurer, open office. HB 1346. State Board of Barbers, create. HB 1350. Public school employees, Health Insurance. HB 1433. Deceptive practices, publication of information.

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

TUESDAY, FEBRUARY 1, 1972

959

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

HB 1526. By Mr. Grantham of the 55th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Coffee County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1527. By Mr.'Grantham of the 55th:
A Bill to be entitled an Act to amend an Act creating the DouglasCoffee County Industrial Authority, so as to give the said industrial authority the power of eminent domain; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1528. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act placing the ordinary of Randolph County on a salary basis in lieu of a fee basis of compensa tion, so as to change the provisions relative to the allowance for clerical help; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.
HB 1529. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court of Randolph County, so as to change the provisions relative to the compensation of the deputy clerk or clerical assistants; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1530. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Washington, so as to change the date of the municipal elec tion ; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

960

JOURNAL OF THE HOUSE,

HB 1531. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Lincoln County upon an annual salary, so as to authorize the Sheriff to employ additional deputies; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1532. By Messrs. Savage of the 104th, Brown of the 32nd and Groover of the 27th:
A Bill to be entitled an Act to amend Code Chapter 88-1, relating to the Department of Public Health, so as to increase the size of the Board of Health; to provide for the appointment of additional members and their terms of office; and for other purposes.
Referred to the Committee on Rules.

HB 1533. By Mr. Colwell of the 5th: A Bill to be entitled an Act to create the Coosa Water Authority and to authorize said Authority to acquire and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.
HB 1534. By Mr. Colwell of the 5th: A Bill to be entitled an Act to create the Notla Water Authority and to authorize said Authority to acquire and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.
HB 1535. By Mr. Strickland of the 56th: A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, so as to provide that the City Council may declare the office of Mayor vacant only in certain specified circumstances; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

TUESDAY, FEBRUARY 1, 1972

961

HB 1536. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Appling County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1537. By Mr. McDaniell of the 117th:

A Bill to be entitled an Act to authorize the names of certain minors

to be published or broadcast under certain conditions; and for other

purposes.

,

Referred to the Committee on Judiciary.

HB 1538. By Messrs. McDaniell, Howard, Housley, Kreeger, Wilson, Atherton and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act prohibiting the intentional inhaling or smelling of fumes from model glue for the purpose of causing a condition of intoxication, stupefaction, euphoria, excitement, exhilaration or dulling of the senses or nervous system, so as to provide for the posing of notices by sellers of model glue; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1539. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act creating the State Court of Burke County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HR 654-1539. By Messrs. McDaniell of the 117th and Chandler of the 34th:
A Resolution creating the Legislative Building Study Committee; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 655-1539. By Mr. Murphy of the 19th:
A Resolution compensating Mr. Dawson A. Thompson; and for other purposes.
Referred to the Committee on Appropriations.

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JOURNAL OF THE HOUSE,

HR 656-1539. By Messrs. Matthews and Patten of the 63rd: !: ' ' A! Resolution compensating Mr. N. B. Mills; and for other purposes. Referred to the Committee on Appropriations.

HR 657-1539. By Mr. Lowrey of the 9th: A Resolution compensating Mr. Andy A. Busby; and for other purposes.
:. ;:iReferred to the Committee on Appropriations.

HB 1540. By Mr. Adams of the 39th:

A Bill to be entitled an Act to amend an Act creating a new Charter

for the City of Milner, 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 1541. By Mr. Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Lamar County, so as to provide for residency require ments and the districting of Lamar County for purposes of electing said Board of Commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1542. By Mr. Smith of the 39th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Lamar County, known as the fee system; to provide in lieu thereof an annual salary for the Ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.
HB 1543. By Mr. Smith of the 39th:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Commissioner of Lamar County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes. Referred to the Committee on State Planning & Community Affairs-Local Legislation.

TUESDAY, FEBRUARY 1, 1972

963

HB 1544. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Deputy Tax Commissioner of Pike County, so as to change the compensation of Deputy Tax Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1545. By Messrs. Busbee of the 61st, Murphy of the 19th and Floyd of the 7th:
A Bill to be entitled an Act to require all State departments and agencies to make such purchases in excess of $50 through the State Purchasing Department; and for other purposes.
Referred to the Committee on Rules.

HB 1546. By Messrs. Busbee of the 61st, Lambert of the 25th and Floyd of the 7th:
A Bill to be entitled an Act to amend an Act approved March 28, 1970 so as to provide that District Attorneys shall bring all in.rem proceed ings under the provisions of said Act, rather than the Director of the State Game and Fish Commission; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1547. By Mr. Coney of the 118th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, sheriff, ordinary, and tax commissioner of Douglas County on an annual salary in lieu of the fee basis of compensation, so as to change the provisions relating to the compensation of said officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1548. By Messrs. Hays, Clements and Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Walker County, so as to provide for the election of the members of the Walker County Board of Education by the voters of Walker County residing outside the corporate limits of the City of Chickamauga; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

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JOURNAL OF THE HOUSE,

HB 1549. By Messrs. Nunn of the 41st, Farrar of the 77th, Edwards of the 45th, Horton of the 95th, Bennett of the 71st, Lee of the 61st, Lambert of the 25th and Chandler of the 34th:
A Bill to be entitled an Act to provide for educational accountability and improvement; and for other purposes.
Referred to the Committee on Education.

HB 1550. By Messrs. Nunn of the 41st, Farrar of the 77th, Edwards of the 45th, Horton of the 95th, Bennett of the 71st, Lee of the 61st, Lambert of the 25th and Chandler of the 34th:
A Bill to be entitled an Act to provide tenure for the teachers of the public schools of Georgia; and for other purposes.
Referred to the Committee on Education.

HB 1551. By Messrs. Nunn of the 41st, Farrar of the 77th, Edwards of the 45th, Horton of the 95th, Bennett of the 71st, Lee of the 61st, Lambert of the 25th and Chandler of the 34th:
A Bill to be entitled an Act to amend Code Title 32, relating to Educa tion, so as to change the provisions relative to the suspension of teachers by a county board of education; and for other purposes.
Referred to the Committee on Education.

HB 1552. By Messrs. Rainey of the 47th, Housley of the 117th, Peters of the 2nd and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act relating to the improve ment of real estate held by the State in fee simple or under quitclaim deed, so as to provide that appropriated State funds may be used by a Department for construction of a public ramp for the launching and retrieving of water craft and related facilities for use in connection therewith; and for other purposes.
Referred to the Committee on Game and Fish.
HB 1553. By Messrs. Coney of the 82nd, Evans, Scarborough, Bennett and Brown of the 81st, Wheeler of the 57th and Strickland of the 56th:
A Bill to be entitled an Act to amend Code Section 93-307, relating to the jurisdiction of the Georgia Public Service Commission, so as to provide that the power and authority to regulate and prescribe reason able rates and charges for advertising in connection with directories published in connection to telephone services; and for other purposes.
Referred to the Committee on Industry.

TUESDAY, FEBRUARY 1, 1972

965

HB 1554. By Messrs. Lowrey, Toles and Adams of the 9th:
A Bill to be entitled an Act to amend an Act providing that each county of this State, by appropriate resolution, shall require theissuance of certain permits relative to the location or relocation of certain mobile homes, so as to change the provisions relative to the annual renewal of permits authorizing the location of a mobile home within the confines of a county; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1555. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to authorize and empower Crisp County, acting by and through the Crisp County Power Commission, to sell or lease the generation and transmission facilities of its electric utility system or any part or portion thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1556. By Messrs. Evans, Bennett and Brown of the 81st:
A Bill to be entitled an Act to amend Code Section 24A-1701, relating to summons in juvenile proceedings, so as to provide for a hearing within a certain period of time on petitions alleging deprivation of a child; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1557. By Mr. Evans of the 81st:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to remove the provisions relating to the annual inspection of motor vehicles; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1558. By Messrs. Evans and Bennett of the 81st:
A Bill to be entitled an Act to amend Code Section 24A-401, relating to definitions in the Juvenile Code of Georgia, so as to change the defini tion of "child"; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1559. By Mr. Hawes of the 95th:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, so as to establish a new Code Title 106A, relating to antitrust law and unfair and deceptive trade practices; and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 1560. By Mr. Hawes of the 95th:
A Bill to be entitled an Act to amend Title 114 of the Code of Georgia, relating to workmen's compensation, so as to provide that certain remedies granted to an employee shall be exclusive; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 1561. By Mr. Hawes of the 95th: A Bill to be entitled an Act to amend Code Section 114-107, relating to those employers and employees to whom the workmen's compensation laws do not apply, so as to provide additional employees and employers to whom said laws apply and do not apply; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 1562. By Messrs. Hawes and Cook of the 95th: A Bill to be entitled an Act to amend Code Section 34-1402, relating to applications for absentee ballots, so as to provide for absentee ballots for runoff primaries or elections; and for other purposes.
Referred to the Committee on State of Republic.
HB 1563. 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 of 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 1564. By Mr. Greer of the 95th: A Bill to be entitled an Act to amend the Statewide Probation Act to provide that all county probation systems heretofore excluded under said Act shall be financed from State funds; and for other purposes.
Referred to the Committee on Appropriations.
HB 1565. By Messrs. Salem and Rush of the 51st: A Bill to be entitled an Act to amend an Act creating the State Court of Toombs County, so as to change the provisions relative to the compensa tion of the judge and the solicitor of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

TUESDAY, FEBRUARY 1, 1972

967

HB 1566. By Messrs. Rush and Salem of the 51st:

.> -.: :

A Bill to be entitled an Act to amend an Act supplementing' the com pensation of the Ordinary of Long County, so as to change the pro visions relative to the compensation of said Ordinary; and for other purposes.

Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1567. By Messrs. Rush and Salem of the 51st: A Bill to be entitled an Act to amend an Act establishing the commis sioners of Long County, so as to change the provisions of the clerk of the commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.
HB 1568. By Mr. Hudson of the 28th: A Bill to be entitled an Act to create the Eatonton-Putnam County Charter Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1569. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to change the method of electing members for the Board of Education of Putnam County; to provide for the designation of posts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1570. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to create the Eatonton-Putnam County Law Enforcement Study Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1571. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Eatonton, 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.

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JOURNAL OF THE HOUSE,

HR 671-1571. By Mr. Hudson of the 28th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local act for the creation of a Charter Commission to study all matters relating to the consolida tion of the government of the City of Eatonton and Putnam County and for the establishment of a successor government; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HB 1572. By Mr. Geisinger of the 72nd:
A Bill to be entitled an Act to amend Code Chapter 39-99, relating to criminal provisions in connection with executions and proceedings there under, so as to provide that it shall be lawful for a person to levy a judgment on any real property against a defendant in fi. fa. if the defendant has only an equitable title to such property; and for other purposes.
Referred to the Committee on Judiciary.

HB 1573. By Mr. Maxwell of the 17th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of the superior court, the ordinary, the tax commissioner and the coroner of Madison County, known as the fee system, so as to change the compensation of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

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

HB 1505. By Messrs. Adams, Lowrey and Toles of the 9th:
A Bill to be entitled an Act to provide for an additional judge of the superior court of the Rome Judicial Circuit; to provide for the election of such judge; and for other purposes.

HB 1506. By Mr. Salem of the 51st:
A Bill to be entitled an Act to amend Code Section 47-101, relating to the apportionment of the House of Representatives, so as to change the provisions relating to certain districts; and for other purposes.

TUESDAY, FEBRUARY 1, 1972

969

HB 1507. By Messrs. Miles, Mulherin and Cheeks of the 78th, Dent of the 79th and Smith of the 80th:
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.

HB 1508. By Messrs. Oxford of the 46th and Scarborough of the 81st:
A Bill to be entitled an Act to amend Code Chapter 95-19, relating to the elimination of railroad grade crossings, so as to provide that the installation of automatic signalling devices which are required to be erected shall be acquired, installed and maintained by the railroad or railroads involved; and for other purposes.

HB 1509. By Messrs. Larsen of the 113th, Nunn of the 41st, Egan of the 116th, Felton of the 95th, Alexander of the 96th, Knight of the 30th, Geisinger of the 72nd and Horton of the 95th:
A Bill to be entitled an Act prohibiting persons from operating certain vehicles on the highways, so as to provide for certain local regulations; and for other purposes.

HB 1510. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend Code Section 34A-501, relating to municipal elector's qualifications, so as to provide that certain municipalities in certain counties shall use the voters registration list of said county; and for other purposes.

HR 649-1510. By Mr. Lewis of the 37th: A Resolution compensating Mr. Seaboat Cain; and for other purposes.

HB 1511. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation, so as to create the office of Deputy Clerk of the Superior Court of Clayton County; and for other purposes.
HB 1512. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act placing the sheriff and the clerk of the superior court of Clayton County on an annual salary in lieu of the fee system of compensation, so as to change the compensa tion of the sheriff and the clerk of the superior court of Clayton County; and for other purposes.

970

JOURNAL OP THE HOUSE,

HB 1513. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating the State Court of Clayton County, so as to change the salary of the judge of said court; and for other purposes.

HB 1514. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the single office of tax commissioner of Clayton County, so as to change the compensa tion of the tax commissioner; and for other purposes.

HB 1515. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to be entitled an Act to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the Ordinary of Clayton County; and for other purposes.
HB 1516. By Messrs. Gunter of the 6th, Snow of the 1st and Lee of the 61st: A Bill to be entitled an Act to amend Code Section 27-2101, relating to the trial of two or more defendants who are jointly indicted, so as to provide that strikes from jury panels shall be exercised jointly when two or more defendants are tried jointly for a crime of offense; and for other purposes.
HB 1517. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Clayton County, so as to authorize the sheriff and the chief of police to designate special unmarked vehicles for detective and investigative activities and assignments; and for other purposes.
HB 1518. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Commissioner, so as to create the office of Deputy Tax Commissioner of Clayton County; and for other purposes.
HR 651-1518. By Mr. Oxford and Mrs. Merritt of the 46th: A Resolution authorizing the conveyance of certain real property located within the City of Americus; and for other purposes.

TUESDAY, FEBRUARY 1, 1972

971

HR 652-1518. By Messrs. Miller of the 83rd, Pinkston and Bennett of the 81st:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxation real property owned by religious groups which is used solely for the purpose of housing administrative functions and activities of the religious group and from which no income is derived; and for other purposes.

HB 1519. By Messrs. Bennett of the 81st, Dean of the 13th, Bennett of the 71st, Morgan of the 23rd, Drury of the 66th, Miller of the 83rd, Thomason of the 77th, Geisinger of the 72nd and others:
A Bill to be entitled an Act to amend "The Lender Credit Card Act", so as to change the basis for the calculation of the maximum finance charge; and for other purposes.

HB 1520. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Dade County on an annual salary in lieu of the fee system of compensa tion, so as to change the compensation of the sheriff; and for other purposes.

HB 1521. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act creating the Office of Commissioner for Dade County, so as to change the compensation of the Commissioner; and for other purposes.

HB 1522. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the City of Clayton, so as to change the method of electing the Mayor and Councilmen of the City of Clayton; and for other purposes.

HB 1523. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Dade County on a salary basis of compensation in lieu of a fee basis, so as to change the compensation of the Ordinary of Dade County; to provide said Ordinary with travel expenses; and for other purposes.

HB 1524. By Mr. Snow of the 1st:
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 thereof the office of tax commissioner of Dade County, so as to change the compensation of the tax commissioner and to provide that all other

972

JOURNAL OF THE HOUSE,

sources of revenue shall be paid to the treasury of Dade County; and for other purposes.

HB 1525. By Messrs. Bell of the 73rd, Collins of the 72nd, Lane of the 101st, Gignilliat of the 89th, Hays of the 1st, Russell of the 70th, Berry of the 85th, Wood of the llth, Geisinger of the 72nd and others:
A Bill to be entitled an Act to provide that the children of residents who have been declared prisoners of war or missing in action as a result of service in the Vietnam War shall be entitled to attend any Statesupported educational institution in this State without paying tuition for attendance; and for other purposes.

SB 366. By Senators Kidd of the 25th, Lester of the 23rd, McGill of the 24th and London of the 50th:
A Bill to be entitled an Act to amend an Act requiring that defendants convicted of crimes be awarded credit for time spent in jail awaiting trial, so as to provide for an additional credit to be given criminal defendants who are confined in an institution or facility for treatment or examination of a physical or mental disability; and for other purposes.

SB 390. By Senator Overby of the 49th:
A Bill to be entitled an Act to amend an Act comprehensively revising appellate and other post-trial procedures, so as to change the provisions relating to dismissal of appeals; and for other purposes.

SB 397. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act relating to the State Board of Corrections, so as to authorize the Director of Corrections to transfer prisoners who may be controversial, discordant, or intractable and prisoners who are serving concurrent State and Federal sentences; and for other purposes.
SB 411. By Senators Plunkett of the 30th, Carter of the 14th, Starr of the 44th and others:
A Bill to be entitled an Act to regulate proprietary business, technical, vocational, and home study schools in ethical standards of operation to assure the continued growth of these schools' contribution to the needs of the citizens and economic development of the State; and for other purposes.

TUESDAY, FEBRUARY 1, 1972

973

SR 221. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to change the jurisdiction of the Supreme Court and the jurisdiction, composition and the election of judges of the Court of Appeals; and for other purposes.

SR 222. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to provide that the venue of all cases shall be as provided by law; and for other purposes.

SB 426. By Senator Rowan of the 8th:
A Bill to be entitled an Act to provide that it shall be unlawful for any person to sell a new bicycle or a pedal for use on a bicycle unless said pedals are equipped with a reflector, of a type approved by the Depart ment of Public Safety; and for other purposes.

Mr. Matthews of the 63rd District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1443. Do Pass, as Amended.
Respectfully submitted, Matthews of the 63rd, Chairman.

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1516. Do Pass, as Amended. HR 513-1151. Do Pass, as Amended. HB 1012. Do Pass, as Amended.

974
HB HB

JOURNAL OF THE HOUSE,
1412. Do Pass. 1413. Do Pass, as Amended.
Respectfully submitted. Snow of the 1st, Chairman.

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:
Mr. Speaker:
Your Committee on Judiciary has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1394. Do Pass, by Substitute. HR 641-1496. Do Pass, as Amended.
Respectfully submitted, Snow of the 1st, 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 to report the same back to the House with the following recommendation:
HR 619-1446. Do Pass.
Respectfully submitted, Busbee of the 61st, 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--

TUESDAY, FEBRUARY 1, 1972

975

ing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1108. Do Pass, by Substitute.
HB 1488. Do Pass, by Substitute.

Respectfully submitted, Howell of the 60th, Chairman.

Mr. Buck of the 84th District, Chairman of the Committee on Retirement, submitted the following report:
Mr. Speaker:
Your Committee on Retirement, has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1198. Do Pass. HB 1336. Do Pass. HB 1141. Do Pass. HB 1262. Do Pass. HB 1183. Do Pass. HB 1182. Do Pass.
Respectfully submitted, Buck of the 84th, 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 has instructed me to report same back to the House with the following recommendations:
HR 644-1500. Do Pass. HR 645-1500. Do Pass. HR 646-1500. Do Pass. HR 647-1500. Do Pass.

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HB HB HB

JOURNAL OP THE HOUSE,
1302. Do Pass. 1493. Do Pass. 1500. Do Pass.
Respectfully submitted, Mr. Levitas of the 77th, Chairman.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:
HB 1302. By Messrs. Busbee, Hutchinson and Lee of the 61st: A Bill to be entitled an Act to amend an Act establishing the City Court of Albany, in and for the County of Dougherty, as amended, so as to create the office of judge emeritus; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1493. By Mrs. 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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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

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

TUESDAY, FEBRUARY 1, 1972

977

HB 1500. By Messrs. Kreeger, Atherton, Wilson, Howard, 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 corpo rate 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.

HR 644-1500. By Messrs. Wilson, McDaniell, Kreeger, Burruss and Atherton of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the City of Dallas Parking Authority; to provide for the powers, author ity and duties of such Authority; to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof; to authorize the Authority to contract with the City of Dallas and with the State of Georgia and any departments, institutions, agencies, municipalities, counties or political subdivisions of the State of Georgia, public corporations and others; to authorize the City of Dallas to contract with the Authority and to authorize said City to levy taxes and to expend tax monies of the City and any other available funds of the City and to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Dallas; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitu tion is hereby amended by adding at the end thereof the following:
"CITY OF DALLAS PARKING AUTHORITY
A. Creation. There is hereby created a body corporate and politic to be known as the City of Dallas Parking Authority which shall be deemed to be an instrumentality of the State of Georgia and a public corporation thereof and by that name, style and title

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said body may contract and be contracted with, sue and be sued, implead, and complain and defend in all courts of law and equity.

B. Purpose. The said Authority is created for the: purpose of acquiring, constructing, adding to, extending, improving,: equipping, maintaining and operating parking lots, parking garages, parking decks and other parking structures and any and all other facilities useful or desirable in connection therewith, acquiring the neces sary property therefor, both real and personal, with the right to contract for the use of or to lease or sell any or all of such facilities, including real property, and to do any and all things deemed by the Authority necessary, convenient or desirable for and incident to the efficient and proper development and operation thereof.

C. Membership. The Authority shall consist of seven members, one of whom shall be the Mayor of the City of Dallas, Georgia and six of whom shall be resident free holders and registered qualified voters of the City of Dallas, Georgia, who shall be selected by the Mayor and Council of the City of Dallas. No member of the Council shall be eligible for appointment to the Authority for and during the term for which he was elected as a member of the Council. The Mayor of the City of Dallas' term of office on said Authority shall be for the same term that he has been elected
and is acting as Mayor of said City and he shall be the Chairman of said Authority. The terms of the first members of said Au thority shall be as follows:

two members shall serve from January 1, 1973, to December 31, 1974, inclusive; two members shall serve from January 1, 1973, to December 31, 1975, inclusive; and two members shall serve from January 1, 1973, to December 31, 1976, inclusive.
Thereafter all members selected and appointed shall serve for a term of four (4) years and until their successors shall have been selected and appointed. Any member of the Authority may be selected and appointed to succeed himself. All appointments shall be for a term commencing on January 1 and ending on December 31 of the year of the expiration of the appointment. The members of the Authority shall enter upon their duties immediately upon taking office after such appointment. The Authority shall elect one of its members as Vice-Chairman who shall be elected for a term of one year commencing January 1, 1973, and ending Decem ber 31, 1973, or until his successor is selected and qualified and annually thereafter the Authority shall elect one of its members in the same manner for a one (1) year term. The Authority shall also elect a Secretary and Treasurer, which Secretary and Treasurer need not necessarily be a member of the Authority and, if not a member, he or she shall have no voting rights and said Secretary and Treasurer shall be elected to serve at the pleasure of the Authority. No member of the Authority shall hold more than one office except that of Secretary and Treasurer. Four members of the Authority shall constitute a quorum. A majority of the quorum is empowered to exercise the rights and perform all the duties of the Authority and no vacancies on the Authority shall

TUESDAY, FEBRUARY 1, 1972

979

impair the right of the quorum to act. In the event of a vacancy on the Authority through death, resignation or otherwise, same shall be filled for the unexpired term of the member ceasing to be a member of such Authority for any reason, in the same manner that such member originally became a member of the Authority. The members of the Authority shall serve without compensation except that they shall be reimbursed for actual expenses incurred in the performance of their duties. The Authority shall make rules and regulations for its own government. It shall have perpetual exis tence. In the event the number of the members of the Authority or the qualifications of the membership or the manner in which the members of the Authority shall be selected shall ever be the subject of change, the same may be accomplished by an Act of the General Assembly, except that the General Assembly may not alter the term of office of any duly appointed member then serving.

D. Definitions. As used herein the following words and terms shall have the following meanings:

(1) The word 'Authority' shall mean the City of Dallas Park ing Authority herein created.

(2) The word 'Projects' or 'Project' shall be deemed to mean and include the acquisition, construction, equipping, maintenance, and operation of parking lots, parking garages, parking decks, parking structures or similar undertakings and any and all other facilities useful or desirable in connection with such undertakings and extensions and improvements of such facilities, and the acquisi tion of the necessary property therefor, both real and personal, all in order to alleviate traffic congestion in the City of Dallas and thereby better protect the lives and property of its residents and others using its streets which will accomplish the essential public purpose for which said Authority is created hereunder.

(3) The term 'cost of the project' shall embrace the cost of construction, the cost of lands, properties, rights, easements and franchises acquired and the cost of all conveyances in fee simple of the Authority's title thereto and leases thereof, the cost of prepar ing the land, including the installation of storm and sanitary sewers and all utilitiesxtherefor, the cost of all machinery, equipment and furnishings related to the operation of any project or projects, financing charges, interest prior to and during construction and for six months after completion of construction, cost of engineering, architectural, fiscal and legal expenses and other expenses neces sary and incident to determining the feasibility or practicability of
the project, administrative expenses, and such other expenses as
may be necessary or incident to the financing- herein authorized
and the cost of placing any project in operation. Any expenses
incurred for any of the foregoing purposes shall be regarded as
part of the 'cost of the project or projects' and may be paid or
reimbursed out of funds of the Authority, including the proceeds
of any revenue bonds issued under provisions of this Act for such
project or projects.

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(4) The terms 'revenue bonds' and 'bonds' shall mean any bonds of the Authority which are hereunder authorized to be issued, in cluding refunding bonds, as though such revenue bonds had origi nally been authorized to be issued under the provisions of the Revenue Bond Law (Ga. Laws 1957, p. 36 et. seq., as amended) amending the law formerly known as the Revenue Certificate Law of 1937 (Ga. Laws 1937, p. 761 et. seq., as amended) and in addi tion shall also mean any obligations of the Authority, the issuance of which are hereinafter specifically provided for.

(5) Any project or combination of projects shall be deemed 'self-liquidating' if, in the judgment of the Authority the revenues and earnings to be derived by the Authority therefrom, including, but not limited to, any revenues derived from the City of Dallas under any contracts with the Authority, will be sufficient to pay the cost of operating, repairing and maintaining the project and to pay the principal of and interest on the revenue bonds which may be issued to finance, in whole or in part, the cost of such project, projects, or combination of projects.

E. Powers. The Authority shall have the powers:

(1) To have a seal and alter the same at pleasure;

(2) To acquire by purchase, lease or otherwise, and to hold, lease and dispose of real and personal property of every kind and character for its corporate purposes;

(3) To acquire in its own name by purchase, on such terms and conditions and in such manner as it may deem proper, or by condemnation in accordance with the provisions of any and all laws applicable to the condemnation of property for public use, real property, or rights or easements therein, or franchises necessary or convenient for its corporate purposes, and to use the same so long as its corporate existence shall continue and to lease or make con tracts with respect to the use of or dispose of the same in any manner it deems to the best advantage of the Authority, the Au thority being under no obligation to accept and pay for any property condemned under the provisions thereof, except from the funds provided under the authority hereof, and in any proceedings to condemn, such orders may be made by the court having jurisdic tion of the suit, action or proceedings as may be just to the Au thority and to the owners of the property to be condemned; and no property shall be acquired under the provisions hereof upon which any lien or other encumbrance exists, unless at the time such prop erty is so acquired a sufficient sum of money be deposited in trust to pay and redeem the fair value of such lien or encumbrance; and if the Authority shall deem it expedient to construct any project on any other lands the title to which shall then be in the State of Georgia, the Governor is hereby authorized to convey for and in behalf of the State title to such lands to the Authority upon payment to the State Treasurer for the credit of the general fund of the
State of the reasonable value of such lands in accordance with the
applicable laws of the State of Georgia;

TUESDAY, FEBRUARY 1, 1972

981

(4) To appoint, select and employ, officers, agents and em ployees, including engineering, architectural and construction ex perts, fiscal agents and attorneys, and fix their respective compensa tion;

(5) To make contracts and leases and to execute all instruments necessary or convenient, including contracts for construction of projects and leases of projects or contracts with respect to the use of projects which it causes to be erected or acquired, and to contract with the City of Dallas and with the State of Georgia and any de partments, institutions, agencies, counties, municipalities or political subdivisions of the State of Georgia, public corporations and with others upon such terms and for such purposes as may be deemed advisable for a term not exceeding fifty years; and the City of Dallas is hereby authorized to enter into contracts and related agree ments for the use of any structure, building or facility or a combi nation of two or more structures, buildings or facilities of the Au thority for a term not exceeding fifty years; and said City be and the same is hereby specifically authorized to levy taxes, without limitation as to rate or amount, and to expend tax monies of the City and any other available funds of the City and to obligate said City to make payment thereof to the Authority upon such terms as may be provided in any contract entered into by and between the Au thority and the City of Dallas, in order to enable the Authority to pay the principal of and interest on any of its bonds as same mature and to create and maintain a reserve for that purpose and also to enable the Authority to pay the cost of maintaining, repairing and operating the property so furnished by said Authority.

(6) To acquire, construct, own, repair, add to, extend, improve, equip, operate, maintain and manage projects, as hereinabove de fined, the cost of any such project to be paid, in whole or in part, from the proceeds of revenue bonds of the Authority or from such proceeds and any grant or contribution from the United States of America or any agency or instrumentality thereof or from the State of Georgia or any agency or instrumentality thereof;

(7) To accept loans and/or grants of money or materials or property of any kind from the United States of America or any agency or instrumentality thereof, upon such terms and conditions as the United States of America or such agency or instrumentality may require;

(8) To accept loans and/or grants of money or materials or property of any kind from the State of Georgia or any agency or instrumentality or political subdivision thereof, upon such terms and conditions as the State of Georgia or such agency or instrumentality or political subdivision may require;

(9) To borrow money for any of its corporate purposes and to issue negotiable revenue bonds payable solely from funds pledged for that purpose, and to provide for the payment of the same and for the rights of the holders thereof;

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(10) To exercise any power usually possessed by private corpo rations performing similar functions, which is not in conflict with the Constitution and laws of this State; and

(11) To do all things necessary or convenient to carry out the powers expressly given hereunder.

F. Revenue Bonds. The Authority, or any authority or body which has or which may in the future succeed to the powers, duties and liabilities vested in the Authority created hereby, shall have power and is hereby authorized to provide by resolution for the issuance of negotiable revenue bonds for the purpose of paying all or any part of the cost as herein defined of any one or more projects. The principal of and interest on such revenue bonds shall be payable solely from the special fund herein provided for such payment. The bonds of each issue shall be dated, shall bear interest at such rate or rates per annum, payable at such time or times, shall mature at such time or times not exceeding 40 years from their date or dates, shall be payable in such medium of payment as to both principal and interest as may be determined by the Authority, and may be made redeemable before maturity, at the option of the Authority, at such price or prices and under such terms and conditions as may be fixed by the Authority in the resolution providing for the issuance of the bonds.

G. Same; Form; Denominations; Registration; Place of Pay ment. The Authority shall determine the form of the bonds, including any interest coupons to be attached thereto, and shall fix the de nomination or denominations of the bonds and the place or places of payment of the principal thereof and the interest thereon, which may be at any bank or trust company within or without the State. The bonds may be issued in coupon or registered form, or both, as the Authority may determine, and provision may be made for the registration of any coupon bond as to principal alone and also as to both principal and interest.

H. Same; Signature; Seal. In case any officer whose signature shall appear on any bonds or whose facsimile signature shall appear on any coupon shall cease to be such officer before the delivery of such bonds, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. All such bonds shall be signed by the Chairman of the Authority and the official seal of the Authority shall be af fixed thereto and attested by the Secretary and Treasurer of the Authority and any coupons attached thereto shall bear the facsimile signatures of the Chairman and Secretary and Treasurer of the Authority. Any coupon may bear the facsimile signatures of such persons and any bond may be signed, sealed and attested on behalf of the Authority by such persons as at the actual time of the execu tion of such bonds shall be duly authorized or hold the proper office, although at the date of such bonds such persons may not have been so authorized or shall not have held such office.
I. Same; Negotiability. All revenue bonds issued under the

TUESDAY, FEBRUARY 1, 1972

983

provisions of this Act shall have and are hereby declared to be ne gotiable under the laws of the State.

J. Same; Sale; Proceeds of Bonds. The Authority may sell such bonds in such manner and for such price as it may determine to be for the best interest of the Authority and the proceeds derived from the sale of such bonds shall be used solely for the purpose provided in the proceedings authorizing the issuance of such bonds.

K. Same; Interim Receipts and Certificates or Temporary Bonds. Prior to the preparation of definitive bonds, the Authority may, under like restrictions, issue interim receipts, interim certifi cates or temporary bonds, with or without coupons exchangeable for definitive bonds upon the issuance of the latter.
L. Same; Replacemnet of Lost or Mutilated Bonds. The Au thority may also provide for the replacement of any bonds and coupons which shall become mutilated or be destroyed or lost.
M. Same; Conditions Precedent to Issuance. Such revenue bonds may be issued without any other proceedings or the happen ing of any other conditions or things other than those proceedings, conditions and things which are specified or required hereunder. Any resolution, providing for the issuance of revenue bonds under the provisions hereof shall become effective immediately upon its passage and need not be published or posted, and any such resolu tion may be passed at any regular or special or adjourned meeting of the Authority.
N. Same; Credit Not Pledged and Debt Not Created. Revenue Bonds issued by the Authority hereunder shall not be deemed to constitute a debt of the City of Dallas, Georgia, nor of the State of Georgia or any municipality, county, authority, instrumentality or political subdivision of the State of Georgia, which may contract with such Authority. No contracts entered into by the Authority with any such municipality, county, authority, instrumentality or political subdivision of the State of Georgia shall create a debt of the respective municipalities, counties, authorities or political sub divisions of the State of Georgia within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia, but any such municipality, county, authority or political subdivision of the State of Georgia may obligate itself to pay the payments required under such contracts from monies received from taxes and from any other source without creating a debt within the meaning of Article VII, Section VII, Paragraph I of the Constitution of the State of Georgia.
O. Same; Trust Indenture as Security. In the discretion of the Authority, any issue of such revenue bonds may be secured by a trust indenture by and between the Authority and a corporate trus tee, which may be any trust company or bank having the powers of a trust company within or without the State. Such trust indenture may pledge or assign fees, tolls, revenues and earnings to be received by the Authority. Either the resolution

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providing for the issuance of revenue bonds or such trust indenture may contain such provisions for protecting and enforcing the rights and remedies of the bondholders as may be reasonable and proper and not in violation of law, including covenants setting forth the duties of the Authority in relation to the acquisition of property, the construction of the project, the maintenance, operation, repair and insuring of the project, and the custody, safeguarding and appli cation of all monies; and may also provide that any project shall be constructed and paid for under the supervision and approval of consulting engineers or architects employed or designated by the Authority, and satisfactory to the original purchasers of the bonds; and may also require that the security given by contractors and by any depositary of the proceeds of the bonds or revenues or other moneys be satisfactory to such purchasers, and may also contain provisions concerning the conditions, if any, upon which additional revenue bonds may be issued. It shall be lawful for any bank or trust company incorporated under the laws of this State to act as such depositary and to furnish such indemnifying bonds or pledge such securities as may be required by the Authority. Such indenture may set forth the rights and remedies of the bondholders and of the trustee, and may restrict the individual right of action of bond holders as is customary in trust indentures securing bonds and de bentures of corporations. In addition to the foregoing, such trust indenture may contain such other provisions as the Authority may deem reasonable and proper for the security of the bondholders. All expenses incurred in carrying out such trust indenture may be treated as a part of the cost of maintenance, operation and repair of the project affected by such indenture.

P. To Whom Proceeds of Bonds Shall be Paid. The Authority shall, in the resolution providing for the issuance of revenue bonds or in the trust indenture, provide for the payment of the proceeds of the sale of the bonds to any officer or person who, or any agency, bank or trust company which, shall act as trustee of such funds and shall hold and apply the same to the purposes hereof, subject to such regulations as such resolutions or trust indentures may provide.

Q. Sinking Fund. The revenues, fees, tolls and earnings de rived from any particular project or projects, regardless of whether or not such fees, earnings, and revenues were produced by a par ticular project for which bonds have been issued, unless otherwise pledged and allocated, may be pledged and allocated by the Au thority to the payment of the principal of and interest on revenue bonds of the Authority, as the resolution authorizing the issuance of the bonds or in the trust instrument may provide, and such funds, so pledged from whatever source received, which said pledge may include funds received from one or more or all sources, shall be set aside at regular intervals as may be provided in the resolution or trust indenture, into a sinking fund, which said sinking fund shall be pledged to and charged with the payment of (1) the interest upon such revenue bonds as such interest shall fall due, (2) the principal of the bonds as the same shall fall due, (3) the necessary charges of paying agents for paying principal and interest and other invest ment charges, and (4) any premium upon bonds retired by call or purchase as hereinabove provided. The use and disposition of such

TUESDAY, FEBRUARY 1, 1972

985

sinking fund shall be subject to such regulations as may be pro vided in the resolution authorizing the issuance of the revenue bonds or in the trust indenture, but, except as may otherwise be provided in such resolution or trust indenture, such sinking fund shall be maintained as a trust account for the benefit of all revenue bonds without distinction or priority of one over another. Subject to the provisions of the resolution authorizing the issuance of the bonds, or in the trust indenture, any surplus monies in the sinking fund may be applied to the purchase or redemption of bonds and any such bonds so purchased or redeemed shall forthwith be cancelled and shall not again be issued.

R. Remedies of Bondholders. Any holder of revenue bonds issued under the provisions of this Act or any of the coupons appertaining thereto, and the trustee under the trust indenture, if any, except to the extent the rights herein given may be restricted by resolution
passed before the issuance of the bonds or by the trust indenture, may, either at law or in equity, by suit, action, mandamus, or other proceedings, protect and enforce any and all rights under the laws of the State of Georgia or granted hereunder or under such resolu tion or trust indenture, and may enforce and compel performance of all duties required by this Act or by such resolution or trust in denture, to be performed by the Authority, or any officer thereof, including the fixing, charging, and collecting of revenues, fees, tolls, and other charges for the use of the facilities and services furnished.

S. Funding and Refunding Bonds. The Authority is hereby authorized to provide by resolution for the issuance of bonds of the Authority for the purpose of funding or refunding any revenue bonds issued under the provisions of this Act and then outstanding, together with accrued interest thereon and premium, if any. The issuance of such funding or refunding bonds, the maturities and all other details thereof, the rights of the holders thereof, and the duties of the Authority in respect to the same, shall be governed by the foregoing provisions of this Act insofar as the same may be applicable.
T. Venue and Jurisdiction. Any action to protect or enforce any rights under the provisions of this Act or any suit or action against such Authority shall be brought in the Superior Court of Paulding County, Georgia, and any action pertaining to the valida tion of any bonds issued under the provisions of this Act shall like wise be brought in said court which shall have exclusive, original jurisdiction of such actions.

U. Validation. Bonds of the Authority shall be confirmed and validated in accordance with the procedure of the Revenue Bond Law, as amended, or as same may be hereafter amended. The peti tion for validation shall also make a party defendant to such action any municipality, county, authority, political subdivision or instru mentality of the State of Georgia which has contracted with the Authority for the services and facilities of the project for which bonds are to be issued and sought to be validated and any such municipality, county, authority, political subdivision or instrumen tality shall be required to show cause, if any exist, why such con-

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tract or contracts and the terms and conditions thereof should not be inquired into by the court and the contract or contracts adjudi cated as a part of the basis of the security for the payment of any such bonds of the Authority. The bonds, when validated, and the judgment of validation shall be final and conclusive with respect to such bonds and the security for the payment thereof and interest thereon and against the Authority issuing the same, and any mu nicipality, county, authority, political subdivision or instrumentality, if a party to the validation proceedings, contracting with the said City of Dallas Parking Authority.

V. Interest of Bondholders Protected. While any of the bonds issued by the Authority remain outstanding, the powers, duties or existence of said Authority or of its officers, employees or agents shall not be diminished or impaired in any manner that will affect adversely the interests and rights of the holders of such bonds.

W. Monies Received Considered Trust Funds. All monies re ceived pursuant to the authority of this Act, whether as proceeds from the sale of revenue bonds, as grants or other contributions, or as revenues, income, fees and earnings, shall be deemed to be trust funds to be held and applied solely as provided in this Act.

X. Rates, Charges and Revenues; Use. The Authority is hereby authorized to prescribe and fix rates and to revise same from time to time and to collect fees, tolls and charges for the services, facili ties and commodities furnished; and in anticipation of the collection of the revenues of such undertaking or project, to issue revenue bonds as herein provided to finance, in whole or in part, the cost of the acquisition, construction, reconstruction, improvement, better ment or extension of its parking facilities; and to pledge to the punctual payment of said bonds, and interest thereon, all or any part of the revenues of such undertaking or project, including the reve nues of improvements, betterments or extensions thereto thereafter made.

Y. Rules and Regulations for Operation of Projects. It shall be the duty of the Authority to prescribe rules and regulations for the operation of the project or projects constructed under the provisions hereof, including the basis on which services and facilities, or both, shall be furnished.

Z. Governmental Function. It is hereby declared that the Au thority will be performing an essential governmental function in
the exercise of the powers conferred upon it hereunder whereby traf fic congestion in the City of Dallas will be alleviated and as a result the lives and property of the residents thereof and others using its
streets will be better protected, all in the furtherance of the essential public purpose for which it is hereby declared to be created.

AA. Immunity from Tort Actions. The Authority shall have the same immunity and exemption from liability for torts and negli gence as the State of Georgia and the officers, agents and employees of the Authority, when in the performance of the work of the Au-

TUESDAY, FEBRUARY 1, 1972

987

. thority, shall have the same immunity and exemption from liability for torts and negligence as the officers, agents and employees of the State of Georgia. The Authority may be sued in the same manner as private corporations may be sued on any contractual obligation of the Authority.

BB. Property Subject to Levy and Sale. The property of the Authority shall not be subject to levy and sale under legal process except such property, revenue, income or funds as may be pledged, assigned, mortgaged or conveyed to secure an obligation of the Au thority, and any such property, revenue, funds or income may be sold under legal process or under any power granted by the Au thority to enforce payment of the obligation.

CC. Construction. This amendment and all provisions, rights, powers and authority granted hereunder shall be effective, notwith standing any other provision of the Constitution to the contrary, and this amendment and any law enacted with reference to the Authority shall be liberally construed for the accomplishment of its purposes.

DD. Effective Date. This amendment shall be effective immedi ately upon proclamation of its ratification by the Governor.

EE. General Assembly. This amendment is self-enacting and does not require any enabling legislation for it to become effective. However, the General Assembly may, by law, further define and prescribe the powers and duties of the Authority and the exercise thereof and may enlarge and restrict the same and may, likewise, further regulate the management and conduct of the Authority not inconsistent with the provisions of this amendment. The Authority shall be an instrumentality of the State of Georgia, and the scope of its operation shall be limited to the territory embraced within the corporate limits of the City of Dallas, Georgia, as the same now or may hereafter exist."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to create the City of Dallas Parking Authority and to provide for
NO ( ) the powers, authority and duties of such Authority, and to authorize the Authority to issue its revenue bonds and to provide for the method and manner of such issuance and for the validation thereof, and to authorize the Authority to contract with the City of Dallas and with the State of Georgia and any de partments, institutions, agencies, municipalities, coun ties or political subdivisions of the State of Georgia, public corporations and others and to authorize the

988

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the City of Dallas to contract with the Authority and to authorize said City to levy taxes and to expend tax monies of the City and any other available funds of the City and to make payment thereof to the Au thority upon such terms as may be provided in any contract entered into by and between the Authority and the City of Dallas?"

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 Eesolution, was agreed to.

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black 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 Dailey Daugherty Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards

Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hays Hill, G. Hood Housley Howard

TUESDAY, FEBRUARY 1, 1972

989

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. Levitas Logan Longino Lowrey
Marcus
Mason
Mathews, C.
Matthews, D. R.
Mauldin

Maxwell McCracken 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. Pickard
Pinkston
Poole
Potts
Rainey

Roach Rush Russell, H. P. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Thoinason Thompson Toles Triplett Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs. :

Alexander, W. M. Bray Cook Davis, E. T. Dean, J. E. Egan Farrar Hamilton Hawes

Hill, B. L. Horton Leggett Lewis McDaniell Murphy Oxford Reaves Ross

Russell, A. B. Russell, W. B. Salem Sorrells Townsend Vaughn Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 169, nays 0.

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

990

JOURNAL OF THE HOUSE,

HR 645-1500. By Messrs. Wilson, McDaniell, Housley, Kreeger, Atherton and Burruss of the 117th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the homestead of each resident of Cobb County who is 62 years of age or over and who has an income from all sources, including the income of certain members of the family, not exceeding $5,000.00 per annum, shall be granted an exemption from all ad valorem taxation for educa tional purposes levied by said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

"The homestead of each resident of Cobb County 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 residing within said homestead, exceeding $5,000.00 per annum, shall be exempt from all ad valorem taxation for educational purposes levied for and in behalf of the Cobb County School System, includ ing taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Cobb County giving his age, the amount of income which he received for the immediately pre ceding calendar year, the income which the members of his familyresiding within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the Tax Com missioner to make a determination as to whether such owner is entitled to said exemption. The Tax Commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possess the qualifica tions provided for in this paragraph. In such instances, such exemp tions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those home steads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for here in and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I., Paragraph I of the Constitution of Georgia of 1945, as amended.

TUESDAY, FEBRUARY 1, 1972

991

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

"YES ( ) Shall the Constitution be amended so as to provide that the homestead of each resident of Cobb County who is 62 years of age or over and who has an income from all sources, including the income of certain
NO ( ) members of the family not exceeding $5,000.00 per annum, shall be granted an exemption from all ad valorem taxation for educational purposes levied by said county?"

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

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

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

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

Those voting in the affirmative were Messrs.:

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

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

Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer

992
Griffin Groover Gunter Ham Harrington Harris Harrison Hays Hill, G. Hood Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas

JOURNAL OF THE HOUSE,

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 Odom Patterson Patten P'earce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard

Pinkston Poole Potts Rainey Roach Rush Russell, H. P.
Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H, R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Thomason Thompson
Toles Triplett T'ripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Bray Cook Davis, E. T. Dean, J. E. Egan Farrar Hamilton Hawes

Hill, B. L. Horton Leggett Lewis McDaniell Murphy Oxford Reaves Ross

Russell, A. B. Russell, W. B. Salem Sorrells Town send Vaughn Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 169, nays 0.

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

TUESDAY, FEBRUARY 1, 1972

993

HR 646-1500. By Messrs. Wilson, Kreeger, McDaniell, Burruss and Atherton of the 117th:

A RESOLUTION

Proposing an amendment to the Constitution so as to provide that the homestead of each resident of the City of Marietta who is 62 years of age or over and who has an income from all sources, including the income from all sources of certain members of the family, not exceeding $5,000.00 per annum, shall be granted an exemption from all ad valorem taxation for educational purposes levied by said city; to provide for the submission of this amendment for ratification or rejection; and for
other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

"The homestead of each resident of the City of Marietta who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $5,000.00 per annum, shall be exempt from all ad valorem taxation for edu cational purposes levied for and in behalf of the independent school system of the City of Marietta. No such exemption shall be granted unless an affidavit of the owner of the homestead is filled with the governing authority of the City of Marietta, or with a person designated by the governing authority of the City of Marietta, giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the governing authority of the City of Marietta, or the person designated by the governing authority of the City of Marietta, to make a determination as to whether such owner is entitled to said exemption. The governing authority of the City of Marietta, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possess the qualifications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifica tions provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption

994

JOURNAL OF THE HOUSE,

'

provided for herein shall apply to all taxable years beginning after

December 31,1972."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I,
.;. > Paragraph I of the Constitution of Georgia of 1945, as amended.

''

The ballot submitting the above proposed amendment shall have

written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide

that the homestead of each resident of the City of

Marietta who is 62 years of age or over and who has

an income from all sources, including the income of

';

NO ( ) certain, members of the family not exceeding $5,000.00

per annum, shall be granted an exemption from all ad

valorem taxation for educational purposes levied by

said city?"

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

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

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D.
Adams, John Adams, Marvin
Alexander, W. H. Alien Atherton
Barfield
Battle Bell
Bennett, J. T. Bennett, Tom Berry Black
Blackshear

Bohannon
Bond Bostick
Bowen Brantley, H. H. Brantley, H. L.
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

Dailey Daugherty Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hays Hill, G. Hood Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson

TUESDAY, FEBRUARY 1, 1972

995

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 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 NoTthcutt Nunn Odom

Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Roach Rush Russell, H. P. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland
Sweat Thomason Thompson
Toles Triplett Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs. :

Alexander Bray
Cook Davis, E. T. Dean, J. E. Egan Farrar Hamilton Hawes

Hill, B. L. Horton Leg-gett Lewis McDaniell Murphy Oxford Reaves Ross

Russell, A. B. Russell, W. B. Salem Sorrells Townsend Vaughn Wamble Mr. Speaker

996

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 169, nays 0.

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

HR 647-1500. By Messrs. Murphy and Dean of the 19th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Haralson County to enter into contracts for any period not exceeding thirty (30) years with individuals, private firms and corporations for the lease or lease-purchase of (1) a building to be utilized as a courthouse, and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and to obligate said county to pay for the use of the building and related facilities from tax funds and other sources; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VI, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provisions of the Constitution to the contrary not withstanding, the governing authority of Haralson County is hereby authorized to enter into contracts and other agreements with in dividuals, private firms and corporations for any period not exceed ing thirty (30) years for the lease or lease-purchase of (1) a build ing to be utilized as a county courthouse, and (2) related facilities to be utilized for governmental, proprietary and administrative functions, and to obligate said county to pay for the use of the building and related facilities from tax funds and other sources."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Haralson County to enter into contracts for any period not exceeding thirty
NO ( ) (30) years with individuals, private firms and cor porations for the lease or lease-purchase of (1) a building to be utilized as a courthouse, and (2) re lated facilities to be utilized for governmental, pro-

TUESDAY, FEBRUARY 1, 1972

997

prietary and administrative functions, and to obli gate said county to pay for the use of the building and related facilities from tax funds and other sources?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring1 to vote against ratify ing the proposed amendment shall vote "No".

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

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. 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 Dailey Daugherty Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Felton
Floyd, J. H. Floyd, L. R. Fraser

Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hays Hill, G. Hood Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R.

998
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 Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDonald Melton Merritt Miles

JOURNAL OF THE HOUSE,

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. Pickard Pinkston Poole Potts Rainey Roach Rush Russell, H. P.

Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E,

Those not voting were Messrs.:

Alexander, W. M. Bray Cook Davis, E. T. Dean, J. E. Egan Farrar Hamilton Haiwes

Hill, B. L. Horton Leggett Lewis. McDaniell Murphy Oxford Reaves Ross

Russell, A. B. Russell, W. B. Salem Sorrells Townsend Vaughn Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 169, nays 0.

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

TUESDAY, FEBRUARY 1, 1972

999,

The following message was received from the Senate through Mr. MeWhorteriS| the Secretary thereof:

Mr. Speaker:

The Senate has passed by the requisite constitutional majority the following

Bills of the Senate, to-wit:

' ' [

SB 338. By Senator Cox of the 21st:
A Bill to amend Code Section 59-120, relating to the compensation of jurors, and court bailiffs, as amended, so as to change the minimum and maximum amount of compensation allowable for jurors; and for other purposes.

SB 385. By Senators Fincher of the 51st and London of the 50th:
A Bill to amend Code Section 79A-406, relating to the annual registra tion of pharmacists, so as to provide educational requirements as a prerequisite to the issuance of an annual certificate of registration; and for other purposes.

SB 389. By Senators Bateman of the 27th and Garrard of the 37th:
A Bill to amend an Act providing for the control and operation of clinical laboratories licensed by the U. S. Government from the opera tion of said Act; to provide a method to set standards and require certain criteria to be met before any blood may be accepted by a clinical laboratory; to repeal conflicting laws; and for other purposes.

SB 442. By Senators Kidd of the 25th, Chapman of the 32nd, and Henderson of the 33rd:
A Bill to amend Code Title 88, relative to public health, as amended, so as to establish in the Department of Public Health a program for the control and prevention of kidney disease and for the care of patients suffering from chronic renal diseases; and for other purposes.

SB 441. By Senators Kidd of the 25th, Chapman of the 32nd, Henderson of the 33rd and others:
A Bill to amend Code Section 79-9917, relating to conditional discharge for possession of certain drugs, as first offense, so as to change cer tain penalties; and for other purposes.

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

1000

JOURNAL OF THE HOUSE,

HR 329. By Messrs. Bennett, Barfield and Reaves of the 71st and others:
A Resolution relative to the use of roadside parks and rest areas adjacent to the public highways of this State; and for other purposes.

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

SR 216. By Senators Zipperer of the 3rd, Kidd of the 25th, and Fincher of the 51st:
A Resolution authorizing the State Properties Control Commission to grant to International Paper Company a license for the use of a portion of the Ogeechee River bottom in Bryan County.

SR 240. By Senator Smalley of the 28th:
A Resolution authorizing the conveyance of a certain tract of State owned property; and for other purposes.

SR 247. By Senators Kidd of the 25th, Hamilton of the 26th, and Bateman of the 27th:
A Resolution directing the Department of Public Health to cover chronic pediatric lung diseases, including cystic fibrosis, under the Crippled Children's Services program; and for other purposes.

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

HR 653. By Messrs. Smith of the 43rd, Greer of the 95th, and Phillips of the 50th:
A Resolution amending House Resolution No. 499, relative to a joint session to hear an address from Honorable Henry M. Jackson; and for other purposes.

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

SR 206. By Senators Holloway of the 12th, Carter of the 14th, and Lester of the 23rd:
A Resolution applying to the Congress of the U. S. to propose an amendment to the Constitution of the U. S.; and for other purposes.

TUESDAY, FEBRUARY 1, 1972

1001

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

SR 206. By Senators Holloway of the 12th, Carter of the 14th and Lester of the 23rd:
A Resolution applying to the Congress of the United States to propose an amendment to the Constitution of the United States; and for other purposes.
Referred to the Committee on Education.

SR 216. By Senators Zipperer of the 3rd, Kidd of the 25th and Pincher of the 51st:
A Resolution authorizing the State Properties Control Commission to grant to International Paper Company a license for the use of a portion of the Ogeechee River Bottom in Bryan County; and for other purposes.
Referred to the Committee on State Institutions and Property.

SR 240. By Senator Smalley of the 28th:
A Resolution authorizing the conveyance of a certain tract of State owned property located in the City of Griffin; and for other purposes.
Referred to the Committee on State Institutions and Property.

SR 247. By Senators Kidd of the 25th, Hamilton of the 26th, Bateman of the 27th and others:
A Resolution directing the Department of Public Health to cover chronic pediatric lung diseases, including cystic fibrosis, under the Crippled Children's Services program; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 338. By Senator Cox of the 21st:
A Bill to be entitled an Act to amend Code Section 59-120, relating to the compensating of jurors and court bailiffs, so as to change the minimum and maximum amount of compensation allowable for jurors; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 389. By Senators Bateman of the 27th and Garrard of the 37th:
A Bill to be entitled an Act to amend an Act providing for the control and operation of clinical laboratories, so as to delete therefrom that por-

1002

JOURNAL OP THE HOUSE,

tion which exempts clinical laboratories licensed by the U. S. Govern ment from the operation of said Act; and for other purposes
Referred to the Committee on Health and Ecology.

SB 385. By Senators Fincher of the 51st and London of the 50th:
A Bill to be entitled an Act to amend Code Section 79A-406, relating to the annual registration of pharmacists, so as to provide educational requirements as a prerequisite to the issuance of an annual certificate of registration; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 441. By Senators Kidd of the 25th, Chapman of the 32nd, Henderson of the 33rd and others:
A Bill to be entitled an Act to amend Code Section 79-9917, relating to conditional discharge for possession of certain drugs, as first offense, so as to change certain penalties; and for other purposes.
Referred to the Committee on Judiciary.
SB 442. By Senators Kidd of the 25th, Chapman of the 32nd, Henderson of the 33rd and others:
A Bill to be entitled an Act to amend Code Title 88, relative to public health, so as to establish in the Department of Public Health a program for the control and prevention of kidney disease and for the care of patients suffering from chronic renal diseases; and for other purposes.
Referred to the Committee on Health and Ecology.

The following Resolution of the House was read and adopted:
HR 673. By Messrs. Salem and Rush of the 51st:
A RESOLUTION Commending Miss Ann Perkins; and for other purposes.
WHEREAS, Miss Ann Perkins recently won first place in the National Collegiate Voice Competition at Chicago, Illinois; and
WHEREAS, Miss Perkins is the first Georgian to ever win this high honor; and
WHEREAS, Miss Perkins won first place as an undergraduate while all other competitors were graduate students; and

TUESDAY, FEBRUARY 1, 1972

1003

WHEREAS, Miss Perkins is a native of Glennville, Georgia, and graduated with honors from Glennville High School; and

WHEREAS, she is the daughter of Mr. and Mrs. Marvin Perkins of Glennville, Georgia, in Tattnall County; and

WHEREAS, in recognition of her outstanding talent, Miss Perkins has been asked to sing at the Georgia Municipal Association Banquet on Monday evening, January 31, 1972.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Miss Ann Perkins for her outstanding talent and congratulate her for winning first place in the National Collegiate Voice Competition.

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 Miss Ann Perkins.

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 1285. By Messrs. Thomason of the 77th, Mullinax of the 30th, Fraser of the 59th, Evans of the 81st and Melton of the 32nd:
A, Bill to be entitled an Act to provide that all meetings of any state department, agency, board, bureau, commission or political subdivision and the governing authority shall be open to the public at all times; and for other purposes.

The following amendment was read:
Messrs. Howell of the 60th and Lambert of the 25th move to amend HB 1285 as follows:
By inserting in the title in line 13 on page 1 between the word and colon "penalties;" and the word "to" the following: "to provide for exceptions;".
By inserting in the title in line 14 on page 1 between the word and colon "foregoing;" and the word "to" the following: "to repeal a specific Act;".
By redesignating subsection (c) of Section 1 as subsection (d) thereof and by adding a new subsection (c) to read as follows:
"(c) Nothing in this Act shall be construed to prohibit any governmental entity covered by this Act from holding, before or after such public meetings, executive sessions privately, but the

1004

JOURNAL OF THE HOUSE,

ayes and nays of any balloting shall be recorded at the conclusion of said executive sessions."

By renumbering Section 2 as Section 3 and by adding a new Section 2 to read as follows:

"Section 2. An Act entitled 'An Act to require all meetings of the governing bodies of municipalities, counties, boards of public instruction, and all other boards, bureaus, authorities or com missions, except grand juries, supported in whole or in part by public funds or expending public funds, to be public meetings; to provide for a penalty; to repeal conflicting laws; and for other purposes.', approved March 5, 1965, (Ga. Laws 1965, p. 118)is here by repealed in its entirety."

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alien Barfield Bennett, J. T. Berry Black Bowen Bray Buck
Carr Chandler
Cheeks Clements
Collins, M. Colwell
Conger Dailey
Davis, E. T. Dorminy
Edwards Pelton
Floyd, J. H. Gary
Grantham Greer
Groover Ham

Harrington Howard Howell Hudson, Ted Isenberg Johnson Jones, Herb Keyton Knight Knowles
Lambert
Lane, Dick Lane, W. J.
Larsen, W. W. Lee, W. J. (Bill)
Logan Longino
Matthews, C. Mauldin Maxwell
McCracken
Miles Milford
Moore Murphy
Nessmith
Northcutt

Oxford Patterson Peters Phillips, G. S. Phillips, L. L. Pickard Poole Potts Reaves Roach
Ross Rush Russell, H. P.
Salem Shanahan Sherman
Smith, H. R.
Smith, V. T. Snow
Toles Triplett Turner
Wamble
Ware Wheeler, J. A. Whitmire
Wood, J. T.

TUESDAY, FEBRUARY 1, 1972

1005

Those voting in the negative were Messrs.:

Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bell Bennett, Tom Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Busbea Carter Chance Chappell Cole Collier Collins, S.
Coney, G. D.
Coney, J. L.
Connell
Cook
Daugherty
Davis, W.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dixon
Drury

Egan Evans Ezzard Farrar Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Griffin Gunter Hamilton Hawes Hill, B. L. Hill, G. Hood Horton Housley Hutchinson Jessup Jones, J. R,
Jordan
King
Kreeger
Larsen, G. K.
Lee, W. S.
Leggett
Le vitas
Lowrey
Marcus
Mason
Matthews, D. R.
McDaniell

McDonald Melton Miller Morgan Moyer Mulherin Mullinax Noble Nunn Odom Patten Pearce Phillips, W. R. Pinkston Russell, A. B. Russell, W. B. Savage Scarborough Shepherd Sims Smith, J. R, Sorrells Stephens
Strickland
Sweat .
Thomason
Thompson
Townsend
Tripp
Vaughn
Wheeler, Bobby
Williams
Wilson
Wood, R. E.

Those not voting were Messrs.:

Battle Harris
Harrison Hays

Hudson, C. M. Lewis Merritt

Rainey Whitmire Mr. Speaker

On the adoption of the amendment, the ayes were 82, nays 104.

The amendment was lost.

1006

JOURNAL OF THE HOUSE,

The following amendment was read:

Messrs. Busbee of the 61st and Murphy of the 19th move to amend HB 1285 as follows:

By adding the following language after the word "meetings;" on page 1, line 10:

"to provide exceptions

and by adding the following language fater the word "times" on page 1, line 24:

"except that the public may be excluded from the deliberation and voting of the Board of Pardons and Paroles."

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. Alien Barfield Battle Bell Bennett, J. T. Berry Black Bohannon Bostick Bo wen Brantley, H. H. Bray Brown, B. D. Buck Burruss Busbee C'arr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M.

Colwell Conger Connell Dailey Daugherty Davis, E. T. Dean, N. Dixon Dorminy Edwards Farrar Felton Floyd, J. H. Gary Gaynor Gignilliat Granade Grantham 'Greer Griffin Groover Ham Harrington Harris Harrison Hays Hill, B. L. Hood Howard Howell

Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knowles Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Longino Lowrey Matthews, C. Mauldin Maxwell McCracken McDaniell Miles Milford Moore Morgan

Murphy Nes smith Noble Northcutt Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Poole Potts Reaves

TUESDAY, FEBRUARY 1, 1972

1007

Roach Ross Rush Russell, H. P. Salem Shanahan Sherman Sims Smith, H. R. Smith, J. R. SSnmowith- , V. T.
Stephens

Sweat Thompson
Toles Triplett
Tripp Turner Vaughn Wamble Ware Wheeler, J. A. Whitmire Williams Wood, J. T.

Those voting in the negative were Messrs.:

Atherton Bennett, Tom Blackshear Bond Brown, C. Brown, S. P. Collins,'S. Coney, G. D. Coney, J. L. Cook Dean, Gib Dean, J. E. Dent Egan Evans Ezzard Floyd, L. R. Fraser

Geisinger Grahl Gunter Hawes Hill, G. Horton Housley Knight Kreeger Larsen, G. K. Levitas Marcus Mason Matthews, D. R. McDonald Melton Miller Moyer

Mulherin Nunn Odom Patten Phillips, W. R, Russell, A. B. Russell, W. B. Savage Scarborough Sorrells Strickland Thomason Townsend Wheeler, Bobby Wilson Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Brantley, H. L. Davis, W. Drury Hamilton

Hudson, C. M. Lewis Merritt Mullinax Pinkston

Rainey Shepherd Mr. Speaker

On the adoption of the amendment, the ayes were 130, nays 52.

The amendment was adopted.

The following amendment was read and adopted:

1008

JOURNAL OF THE HOUSE,

Messrs. Busbee of the 61st and Murphy of the 19th move to amend HB 1285 as follows:

By adding the following language after the word "meetings;" on Page 1, Line 10:

"to provide exceptions;"

and by adding the following language after the word "times" on Page 1, Line 24:

"except that the public may be excluded from a meeting of the Georgia Bureau of Investigation or any other law enforcement agency in the State."

The following amendment was read:

Messrs. Busbee of the 61st and Murphy of the 19th move to amend HB 1285 as follows:
By adding the following language after the word "meetings;" on page 1, line 10:
"to provide exceptions;"
and by adding the following language after the word "times" on page 1, line 24:
"except that this law is not intended to be and shall not be construed to be a repeal in any way of the attorney-client privilege recognized by Georgia law and the public may be excluded in order to protect this privilege."

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bennett, J. T.

Berry Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, S. P.

Buck Burruss Busbee Carr Carter Chandler Chappell Cheeks Clements

Cole Collier Collins, M. Colwell Conger Connell Dailey Daugherty Davis, E. T. Dorminy Edwards Farrar Felton Floyd, J. H. Gary Gaynor Gignilliat Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hays Hill, B. L. Hill, G. Hood Howard Howell Hudson, Ted Hutchinson Isenberg

TUESDAY, FEBRUARY 1, 1972

1009

Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Longino Lowrey Matthews, C. Mauldin Maxwell McCracken IMcDaniell Miles Milford Moore Morgan Mullinax Murphy Nessmith Northcutt Oxford Patterson

Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P.
Salem Shanahan 'Sherman
Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Strickland Sweat Toles Triplett
Tripp Turner Vaughn Wamble Ware Wheeler, J. A. Whitmire Williams Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Bennett, Tom Blackshear Bond. Brown, B. D. Brown, C. Chance Collins Coney, G. D. Coney, J. L. Cook Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent

Dixon Drury Egan Evans Ezzard Floyd, L. R. Fraser Geisinger Grahl Hamilton Hawes Horton Housley Marcus Mason

Matthews, D. R. McDonald Melton Merritt Miller Moyer Mulherin Noble Nunn, Odom Patten Phillips, W. R. Pinkston Russell, A. B. Russell, W. B.

1010
Savage Scarborough Sorrells

JOURNAL OP THE HOUSE,

Stephens Thomason Thompson

Wheeler, Bobby Wilson

Those not voting were Messrs. :

Alexander, W. M. Bell Hudson, C. M.

Levitas Lewis Shepherd

Townsend Mr. Speaker

On the adoption of the amendment, the ayes were 134, nays 53. The amendment was adopted.

The following amendment was read:
Messrs. Busbee of the 61st and Murphy of the 19th move to amend HB 1285 as follows:
By adding a new subparagraph under Section 1, to be appropriately lettered, which shall read as follows:
"The Provisions of this Act shall not apply while holding staff meetings for investigative purposes under duties or responsibilities imposed by law."
On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Barfield Battle Bennett, J. T. Black Bohannon Bostick Bowen Bray Burruss

Busbee Carr Chance Chandler Chapmen Cheeks Clements Cole Collier Collins, M. Colwell Conger Connell
Dailey

Davis, E. T. Dorminy Edwards Farrar Felton Floyd, J. H. Gary Gaynor Gignilliat Grantham Greer Griffin Groover Gunter

TUESDAY, FEBRUARY 1, 1972

1011

Ham Harrington Harris Harrison Hays Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Lewis

Logan Longino Lowrey Matthews, C. Mauldin Maxwell McCracken Miles Milford Morgan Mullinax Murphy Nessmith Northcutt Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Poole Potts Rainey Reaves Roach

Ross Rush Russell, H. P. Russell, W. B. Salem Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Thompson Toles Townsend Triplett Tripp Vaughn Wamble Ware Wheeler, J. A. Whitmire Wood, J. T.

Those voting in the negative were Messrs.:

Atherton Bell Bennett, Tom Berry Blackshear Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P.
Carter
Collins, S,
Coney, G. D.
Coney, J. L.
Cook
Davis, W.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dixon
Egan

Evans Ezzard Floyd, Lu R. Fraser Geisinger Grahl Granade Hamilton Hawes Hill, B. L. Hill, G.
Hood
Horton
Housley
Kreeger
Larsen, G. K.
Leggett
Levitas
Marcus
Mason
Matthews, D. R.
McDonald

Merritt Miller Moore Moyer Mulherin Noble Nunn Odom Patten Phillips, W. R. Pinkston
Russell, A. B.
Savage
Scarborough
Shepherd
Sorrells
Sweat
Thomason
Wheeler, Bobby
Williams
Wilson
Wood, R. E.

1012

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander, W. H. Buck Daugherty

Drury Hudson, C. M. McDaniell

Melton Turner Mr. Speaker

On the adoption of the amendment, the ayes were 119, nays 67.

The amendment was adopted.

The following amendment was read:
Messrs. Busbee of the 61st and Murphy of the 19th move to amend HB 1285 as follows:
By adding the following language after the word "meetings;" on page 1, line 10:
"to provide a limitation on actions;"
and by adding the following language after the word "meetings." on page 1, line 26:
"Any action contesting a resolution, rule, regulation or formal action on the ground of noncompliance with this law must be com menced within 90 days of the date the resolution, rule or regulation was passed or the formal action was taken."

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alien Atherton Barfield
Battle Bennett, J. T. Berry Black Bohannon
Bowen Bray

Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M.

Colwell Conger Connell Dailey Davis, E. T. Dorminy Edwards Farrar Felton Floyd, J. H. Gary Gaync-r Gei singer

TUESDAY, FEBRUARY 1, 1972

1013

Gignilliat Granade Grantham Greer Griffin Groover Ham Harrington Harris Harrison Hays Hill, G. Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton Knight Knowles Kreeger Lambert Lane, W. J. Larsen, W. W. Lee, W. J. (Bill)

Lee, W. S. Lewis Logan Longino Lowrey Matthews, C. 'Mauldin Maxwell McCracken McDaniell Miles Milford Moore Morgan Mullinax Murphy Nessmith Noble Northcutt Oxford Patterson Pearce Peters Phillips, G. S, Phillips, L. L. Phillips, W. R. Pickard Pinks ton Poole Potts

Rainey Reaves Roach Ross Rush Russell, H. P. Salem Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Strickland Sweat Toles Town send Triplett Tripp Turner Vaughn Wamble Ware Wheeler, J. A. Whitmire Williams Wood, J. T.

Those voting in the negative were Messrs.

Alexander, W. H. Alexander, W. M. Bell Bennett, Tom Blackshear Bond ' Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Collins, S. Coney, G. D. Coney, J. L. Oook Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon

Drury Egan Evans Ezzard Floyd, L. R. Fraser Grahl Gunter Hamilton Hawes Hill, B. L. Hood Horton Housley King Lane, Dick Larsen, G. K. Leggett Levitas Marcus Mason

Matthews, D. R. McDonald Melton Merritt Miller Moyer Mulherin Nunn Odom Patten Russell, A. B. Russell, W. B. Savage Scarborough Sorrells Stephens Thomason Thompson Wheeler, Bobby Wilson Wood, R. E.

1014

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bostick Brantley, H. L.

Jordan Shepherd

Mr. Speaker

On the adoption of the amendment, the ayes were 127, nays 63.

The amendment was adopted.
The following amendment was read:
Messrs. Busbee of the 61st and Murphy of the 19th move to amend HB 1285 as follows:
By adding the following language after the word "meetings;" on page 1, line 10:
"to provide exceptions;"
and by adding the following language after the word "times" on page 1, line 24:
"except that the public may be excluded from the meeting when any agency or other unit is discussing the future acquisition of real estate."
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 Barfield Battle Bell Bennett, J. T. 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. Cblwell

Conger Connell Cook Dailey Davis, E, T. Dorminy Edwards Egan Pelton Floyd, J. H. Gary Gaynor Gignilliat Grantham Greer

Griffin Groover Ham Harrington Harris Harrison Hawes Hays Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J.

TUESDAY, FEBRUARY 1, 1972

1015

Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S, Logan Longino Lowrey Matthews, C. Mauldin Maxwell McCracken McDaniell Miles Milford Moore Murphy Nessniith Northcutt Oxford Patterson Peters Phillips, G. S. Pickard Poole

Potts Rainey Reaves Roach Ross Rush Russell, H. P. Salem Shanahan Sherman Sims
Smith, H. R. Smith, J. R.
Smith, V. T. Snow Toles Townsend Triplett Tripp Vaughn Wamble Ware Wheeler, J. A. Wood, J. T.

Those voting in the negative were Messrs. :

Alexander, W. H. Alexander, W. M. Atherton Bennett, Tom Blackshear Bond Brown, B. D. Brown, S. P.
Collins, S. Coney, G. D. Coney, J. L. Daugherty
Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Evans Ezzard Farrar Floyd, L. R. Fraser

Geisinger Grahl Granade Gunter Hamilton Hill, B. L. Hill, G. Hood Horton Housley King Knight Leggett Le vitas Marcus Matthews, D. R.
McDonald Melton, Merritt Miller Morgan Moyer Mulherin
Mullinax

Noble Nunn Odom Patten Pearce Phillips, L. L. Phillips, W. R. Pinkston Russell, A. B. Russell, W. B. Savage Scarborough Shepherd Sorrells Stephens Strickland Sweat Thomason Thompson Wheeler, Bobby Whitmire Williams Wilson
Wood, R. E.

1016

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Berry Jordan

Lewis Mason

Turner Mr. Speaker

On the adoption of the amendment, the ayes were 117, nays 72.

The amendment was adopted.

The following amendment was read and adopted:
Messrs. Murphy of the 19th and Busbee of the 61st move to amend HB 1285 as follows:
By adding the following language after the word "meetings;" on page 1, line 10:
"to provide exceptions;"
and by adding the following language after the word "times" on page 1, line 24:
"except that the public may be excluded from a meeting of any committee of a public hospital when the committee is consider ing the grant of abortions under Georgia law."

The following amendment was read:
Messrs. Busbee of the 61st and Murphy of the 19th move to amend HB 1285 as follows:
By adding the following language after the word "meetings;" on page 1, line 10 :
"to provide exceptions;"
and by adding the following language after the word "times" on page 1, line 24:
"except that the public may be excluded from the meeting when:
(a) any agency or other unit is discussing the appointment, employment, disciplinary action or dismissal of a public officer or employee, or

TUESDAY, FEBRUARY 1, 1972

1017

(b) any agency or other unit is hearing complaints or charges brought against a public officer or employee, unless he requests a public meeting."

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. Alien Barfield Battle Bennett, J. T. Black Bohannon Bos tick Bowen Brantley, H. H. Bray Brown, C. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Collins,, M. Colwell Conger Connell Dailey Daugherty Davis, E. T. Dent
Dorminy
Edwards
Farrar
Felton
Floyd, J. H.
Gary
Gaynor
Gignilliat

Grantham Greer Griffin Groover Ham Harrington Harris Harrison Hays Hill, G. Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lambert Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Longino Lowrey
Mason
Matthews, C.
Mauldin
Maxwell
McCracken
McDaniell
Merritt

Miles Milford Moore Mullinax Murphy Nessmith Northcutt Nunn Oxford Patterson Peters Phillips, G. S. Phillips, L. L. Pickard Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P. Salem Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Thompson Toles Town send Triplett Tripp
Turner
Vaughn
Wamble
Ware
Wheeler, J. A.
Whitmire
Wood, J. T.

1018

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Alexander, W. M. Atherton Bell Bennett, Tom Berry Blackshear Bond Brantley, H, L. Brown, B. D. Brown, S. P. Collins, S. Coney, G. D. Coney, J. L. Cook Davis, W. Dean, Gib Dean, J. E. Dean, N. Dixon Drury Egan Evans Ezzard

Floyd, L. E. Fraser Geisinger Grahl Granade Gunter Hamilton Hawes Hill, B. L. Hood Horton Housley Knight Lane, Dick Larsen, G. K. Levitas Marcus Matthews, D. R. McDonald Melton Miller Morgan Moyer

Mulherin Noble Odom Patten Pearee Phillips, W. R. Pinkston Russell, A, B. Russell, W. B. Savage Scarborough Shepherd
Snow Sorrells Stephens Sitrickland Sweat Thomason Wheeler, Bobby Williams Wilson Wood, R.E.

Those not voting were Messrs.:

Carter

Lewis

Mr. Speaker

On the adoption of the amendment, the ayes were 124, nays 68.

The amendment was adopted.
The following amendment was read:
Messrs. Busbee of the 61st and Murphy of the 19th move to amend HB 1285 as follows:
By adding in the title before the words "to repeal conflicting laws" the following:
"to provide for exceptions;".
By renumbering present Section 2 as Section 3.
By adding a new Section, to be known as Section 2, to read as. follows:

TUESDAY, FEBRUARY 1, 1972

1019

"Section 2. In the event this Act is construed to apply to the General Assembly branch of State Government, the provisions of this Act shall not apply to conference committees of the Senate and House of Representatives nor to any committee of either House whose duty it is to fix the calendar for such House."

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alien Barfield Battle Bennett, J. T. Berry Black Bohannon Bostick Bowen Bray Brown, C. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements
Cole
Collier
Collins, M.
Colwell
Conger
Connell
Dailey
Dorminy
Edwards
Farrar
Felton
Floyd, J. H.
Gary
Gaynor
Gignilliat

Grahl Grantham Greer Griffin Groover Ham Harrington Harris Harrison Hays Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Lambert Lane, W. J. Larsen, W. W. Lee, W. J. (Bill)
Leggett
Levitas
Logan
Longino
Lowrey
Matthews, C.
Mauldin
Maxwell
McCracken
Miles
Milford
Morgan
Murphy

Nessmith Nbrthcutt Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P. Salem Shanahan Sherman Sims Smith, H. R. Smith, J. R. Snow Strickland
Toles
Townsend
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Wheeler, J. A.
Whitmire
Williams
Wood, J. T.

1020

JOURNAL OP THE HOUSE,

Those voting in the negative were Messrs.:

Alexander, W. M.

Atherton

Bell

Bennett, Tom

Blackshear

Bond

Brantley, H. H.

Brown, B. D.

Brown, S. P.

Collins, S.

Coney, G. D.

Coney, J. L.

Cook

Davis, E. T.

Davis, W.

Dean, Gib

Dean, J. E.

Dean, N.

Dent

Dixon

Egan

i

Evans

Ezzard

Floyd, L. E, Fraser Geisinger Granade Gunter Hamilton Hawes Hill, B. L. Hill, G. Hood Horton Housley King Knight Knowles Kreeger Lane, Dick Larsen, G. K.
Lee, W. S. Marcus Mason Matthews, D. R. McDonald

Melton Merritt Miller Moore Moyer Mulherin Noble Nunn Odom Patten Pickard Russell, W. B. Savage Scarborough Shepherd Sorrells Stephens Sweat Thomason Thompson Wheeler, Bobby Wilson Wood, R. E.

Those not voting were Messrs.:

Brantley, H. L. Carter Daugherty Drury

Lewis McDaniell
Mullinax Russell, A. B.

Smith, V. T. Mr. Speaker

On the adoption of the amendment, the ayes were 116, nays 69.

The amendment was adopted.

The following amendment was read and adopted:
Mr. Odom of the 61st moves to amend HB 1285 as follows:
By adding a Sub-Section (d) of Section 1, to read as follows:
"(d) Provided, however, any meeting held by any State De partment, agency, board, bureau, commission or political subdivi sion of any county, municipal corporation, board of education or other political subdivision which is held to determine the status of any employee where moral turpitude is the issue, shall be a private meeting."

TUESDAY, FEBRUARY 1, 1972

1021

The following amendment was read:

Mr. Isenberg of the 67th moves to amend HB 1285 so as to provide protection for any open meeting held by any authority, commission or
committee.

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 Bohannon Bray Carr Chandler Cheeks Conger Dixon

Ployd, J. H. Greer Harrison Hudson, Ted Isenberg Lee, W. J. (Bill) Leggett Miles

Northcutt Patterson Poole Rainey Toles Wood, J. T.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin i Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Blaekshear Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carter Chance Collier Collins, M. Collins, S. Colwell
Coney, G. D. Coney, J. L.

Council Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Drury Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Groover Gunter Ham

Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, 'G. Hood Horton Housley Howard Hudson, C. M. 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.

1022
Lee, W. S. Le vitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith

JOURNAL OF THE HOUSE,

Noble Nunn Odom Oxford Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pickard Pinkston 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 Sweat Thomason Thompson Town send Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Whitmire Williams Wilson Wood, R. E.

Those not voting were Messrs.:

Battle Black Bostick Bowen Burruss Chappell Clements

Cole Dailey Edwards Gary Howell Lewis Longino

McCracken Phillips, L. L. Roach Smith, J. R. SJtrickland Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 22, nays 152.

The amendment was lost.

The following amendment was read:
Mr. Greer of the 95th moves to amend HB 1285 as follows:
By adding a new Section 2 thereof and renumbering Section 2 as Section 3 with the new Section 2 to read as follows: "The meetings of any quasi-judicial body or commission considering or deliberating evidence received under oath at a hearing that is open to the public shall be exempt from the provisions of this law. The minutes of such quasijudicial body or commission shall be subject to the provisions of this law requiring the minutes to be open to public inspection at any and all

TUESDAY, FEBRUARY 1, 1972

1023

times." The present Section 2 in the said act shall be renumbered Sec tion 3, "All laws and parts of laws in conflict with this act are hereby repealed."

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, J. T. Berry Black Bostick Bowen Bray Buck Busbee Carr Chandler Cheeks Collins, M. Conger Dailey Davis, E. T. Dorminy Felton Floyd, J. H.

Gary Gaynor Greer Groover Ham Harrington Harrison Howell Hudson, Ted Johnson Keyton Knowles Lambert Lane, W. J. Lee, W. J. (Bill) Longino Mauldin McGracken Miles

Miller

Moore

Murphy

Northcutt

Oxford

Peters

Phillips, G. S.

Pickard

Poole

Potts

Rainey

Reaves

Ross

Salem,

Smith, H. R.

T'oles

Triplett

Wamble

Ware

-

Those voting in the negative were Messrs.

Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Bell Bennett, Tom Blackshear Bohannon Bond Brantley, H. H, Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Burruss Carter Chance

Cole Collier Collins, S. Coney, G. D. Coney, J. L. Cook Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Egan Evans Ezzard Farrar Floyd, L. R. Fraser

Geisinger Grahl Granade Grantham Griffin Gunter Hamilton Harris Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Hudson, C. M. Hutchinson Isenberg Jessup

1024
Jones, Herb Jones, J. R. Jordan King Knight Kreeger Lane, Dick Larsen, G. K. Lee, W. S. Leggett Le vitas Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McDaniell McDonald Melton Merritt

JOURNAL OP THE HOUSE,

Milford Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn
Odom Patterson Patten Pearce Phillips, L. L. Phillips, W. R. Pinkston Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Shepherd

Sherman Sims Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Townsend
Tripp Turner Vaughn Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Battle Chappell Clements Colwell Connell

Edwards Gignilliat Larsen, W. W. Lewis Roach

Rush Smith, J. R. Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 57, nays 124.

The amendment was lost.

The following amendment was read:
Mr. King of the 86th moves to amend HB 1285 by adding a new Section to read as follows:
"Nothing therein shall infringe on the right of public officials to discuss public affairs with anyone at any time or place.";
and by renumbering the other Sections accordingly.

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

TUESDAY, FEBRUARY 1, 1972

1025

Those voting in the affirmative were Messrs.:

Adams, John Barfield Bennett, J. T. Brantley, H. L. Buck Can-
Chandler Cheeks Collier Davis, E. T. Dorminy

Ployd, J. H. Groover Ham Harrison Hudson, C. M. Hudson, Ted Johnson Jones, Herb King Lane, W. J. MeCracken

Miles Nessmith Phillips, G. S.
Potts Rainey Smith, H. R. Ware Wheeler, J. A.
Wood, J. T.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Chance Cole Coiling, S. Cblwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury

Egan Evans Ezzard Farrar Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Gunter Hamilton Harrington Harris Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Hutchinson Isenberg Jessup Jones, J. R. Jordan Keyton Kreeger Lambert Lane, Dick Larsen, G. K. Lee,W.J. (Bill) Lee, W. S. Leggett

Levitas Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, W. R. Pinkston Poole Reaves Ross Rush Russell, A. B. Russell, H. P, Russell, W. B. ; Salem

1026
Savage Scarborough Shanahan Shepherd, Sherman Sims Smith, J. R. Smith, V. T. Snow

JOURNAL OF THE HOUSE,

Sorrells
Stephens Strickland Thomason Thompson Toles Townsend Triplett Tripp

Turner

Vaughn

;

Wamble

Wheeler, Bobby

Whitmire

Williams

Wilson

Wood, R. E.

Those not voting were Messrs.:

Bostick Burruss Carter Chappell Clements Collins, M. Edwards

Felton Greer Howell Knight Knowles Larsen, W. W. Lewis

Logan Merritt Phillips, L. L. Pickard Roach Sweat Mr. Speaker

On the adoption of the amendment, the ayes were 31, nays 143.

The amendment was lost.

An amendment, offered by Mr. Conger of the 68th, was read and withdrawn by unanimous consent.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell

Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H.

Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter

Chance Chandler Chappell Cheeks Clements
Cole
Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans : Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter
Ham
Hamilton
Harrington
Harris
Harrison
Hawes
Hays
Hill, B. L.

TUESDAY, FEBRUARY 1, 1972

1027

Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles 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 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
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

1028

JOURNAL OF THE HOUSE,

Voting in the negative was Mr. Northcutt.

Those not voting were Messrs.:

Rainey

Ware

Mr. Speaker

On the passage of the Bill, as amended, the ayes were 191, nays 1.

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

The Speaker announced the House recessed until 2:00 o'clock, P.M.

AFTERNOON SESSION The Speaker called the House to order.

Mr. Sherman of the 80th moved that the following Bill of the House be withdrawn from the Committee on Appropriations and referred to the Committee on State Planning and Community Affairs:

HB 1507. By Messrs. Miles, Mulherin and Cheeks of the 78th, Dent of the 79th and Smith of the 80th:
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 motion prevailed.

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

HB 1244. By Messrs. Battle of the 90th, Alexander of the 96th, Noble of the 73rd and Chance of the 44th:
A Bill to be entitled an Act to provide for the regulation of use of groundwaters in certain areas of this State under certain conditions; and for other purposes.

TUESDAY, FEBRUARY 1, 1972

1029

The following amendments were read and adopted:

Mr. Battle of the 90th moves to amend HB 1244 by striking ", upon the request of a county; municipality or other political subdivision of state government," on page 3, lines 24, 25, and 26 and also striking ", after reviewing a request from a county, municipality or subdivision, of state government," on page 4, lines 8, 9, and 10.

Messrs. Nessmith of the 44th and Collins of the 62nd move to amend HB 1244 by adding a new subsection in Section 3 to be num bered (i) and to read as follows:

"Notwithstanding any other provisions of this Act, this Act shall not apply to water used for agricultural irrigation purposes."

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

On the passage of the Bill, as amended, the ayes were 113, nays 0.

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

HB 1204. By Messrs. Smith of the 43rd, Floyd of the 7th, 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 MeCracken of the 36th:

A BILL

To be entitled an Act to amend an Act providing appropriations for the fiscal years 1971-72 and 1972^73, known as the "General Appropria tions Act", approved March 19, 1971 (Ga. Laws 1971, p. Ill), so as to change the appropriations of certain agencies of the State for the re mainder of the fiscal year ending June 30, 1972; to provide for other matters relative thereto; to provide an effective date; to repeal con flicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
ARTICLE I.

This Article relates only to changes in the appropriations and pro visions relative to the fiscal year 1971-72.

;

Section 1. An Act providing appropriations for the fiscal years

1971-72 and 1972-73, known as the "General Appropriations Act", -

1030

JOURNAL OF THE HOUSE,

proved March 19, 1971 (Ga. Laws 1971, p. Ill), is hereby amended by striking from the first paragraph after the enacting clause the follow ing:

"$1,189,600,000.00"

and inserting in lieu thereof the figure: "$1,134,000,000.00".

Section 2. Said Act is further amended by striking from Section 5. A., relating to Superior Courts, the figure "$2,445,159" and inserting in lieu thereof the figure "$2,723,134".

Section 3. Said Act is further amended by striking from Section 5. B., relating to District Attorneys, the figure $"1,403,775" and insert ing in lieu thereof the figure "$1,452,775."
Section 4. Said Act is further amended by striking from Section 6. relating to the reports of the Supreme Court and Court of Appeals, the figure "$53,000" and inserting in lieu thereof the figure "$32,000".
Section 5. Said Act is further amended by striking from Section 7. A., relating to the State Board of Education and the Department of Education, the figure "$412,526,841" and inserting in lieu thereof the figure "$407,606,841".
Section 6. Said Act is further amended by striking from Section 7. B., relating to Grants Direct to School Systems for Capital Outlay Purposes, the figure "$2,291,613" and inserting in lieu thereof the figure "$2,191,613".

Section 7. Said Act is further amended by striking from Section 8. A., relating to the State Board of Regents, the figure "$162,953,003" and inserting in lieu thereof the figure "$157,192,241".

Section 8. Said Act is further amended by striking from Section 8. B., relating to Authority Lease Rentals, the figure "$18,198,790" and inserting in lieu thereof the figure "$17,893,552".

Section 9. Said Act is further amended by striking from Section 9, relating to the Education Improvement Council the figure "$136,400" and inserting in lieu thereof the figure "$130,400".

Section 10. Said Act is further amended by striking from Section 10, relating to the Higher Education Assistance Corporation, the figure "$706,258" and inserting in lieu thereof the figure "$614,039".

Section 11. Said Act is further amended by striking from Section 10, relating to the Georgia Higher Education Assistance Authority, the figure "$235,461" and inserting in lieu thereof the figure "$201,461".

TUESDAY, FEBRUARY 1, 1972

1031

Section 12. Said Act is further amended by striking from Section 11. relating to the State Scholarship Commission, the figure "$1,199,192"' and inserting in lieu thereof the figure "$1,165,192".

Section 13. Said Act is further amended by striking from Section 12. relating to the Medical Education Board, the figure "$251,000" and inserting in lieu thereof the figure "$241,000".
Section 14. Said Act is further amended by striking from Section 13. relating to the Georgia Commission on the Arts, the figure $107,292" and inserting in lieu thereof the figure "$99,292".
Section 15. Said Act is further amended by striking from Section 14. relating to the Georgia Historical Commission-Operations, the figure "$485,000" and inserting in lieu thereof the figure "$463,500".
Section 16. Said Act is further amended by striking from Section 14. relating to the Georgia Historical Commission-Capital Outlay, the figure "$50,000" and inserting in lieu thereof the figure "$31,500".
Section 17. Said Act is further amended by striking from Section 15. relating to the Teachers Retirement System, the figure "$1,500,000" and inserting in lieu thereof the figure "$1,100,000".
Section 18. Said Act is further amended by striking from Section 16. relating to Public School Employees Retirement System, the figure "$2,451,217" and inserting in lieu thereof the figure "$2,438,717".
Section 19. Said Act is further amended by striking from Section 17. A., relating to the Health Department-Medical Care Administration, the figure "$50,343,635" and inserting in lieu thereof the figure $48,735,320".
Section 20. Said Act is further amended by striking from Section 17. B., relating to the Health Department-Health Surveillance and Disease Control, the figure "$7,101,895" and inserting in lieu thereof the figure "$6,907,627".

Section 21. Said Act is further amended by striking from Section 17. C., relating to the Health Department-Community Health Services and Facilities, the figure "$10,891,700" and inserting in lieu thereof the figure "$9,466,545".

Section 22. Said Act is further amended by striking from. Section 17. D., relating to the Health Department-Environmental Health-Water Quality Control, the figure "$9,587,400" and inserting in lieu thereof the figure "$650,200".

Section 23. Said Act is further amended by striking from Section 17. D., relating to the Health Department-Environmental Health-Water Quality Control, the figure "$1,905,845" and inserting in lieu thereof the figure "$1,850,355".

1032

JOURNAL OP THE HOUSE,

Section 24. Said Act is further amended by striking from Section 17. E., relating to the Health Department-Mental Health, the figure "$79,859,740" and inserting in lieu thereof the figure "$76,888,678".

Section 25. Said Act is further amended by striking from Section 17. F., relating to the Health Department-General Administration, the figure "$3,931,735" and inserting in lieu thereof the figure "$4,280,493".

Section 26. Said Act is further amended by striking from Section 18. relating to the Department of Labor, the figure "$420,800" and inserting in lieu thereof the figure "$400,799".

Section 27. Said Act is further amended by striking from Section 19. A., relating to the Highway Department, the figure "$156,943,454" and inserting in lieu thereof the figure "$144,120,652.16".

Section 28. Said Act is further amended by striking from Section 19. E, relating to the Highway Department-Airport Development, the
figure "$976,347" and inserting in lieu thereof the figure "$876,347".

Section 29. Said Act is further amended by striking from Section 20. relating to the Public Service Commission, the figure "$882,643" and inserting in lieu thereof the figure "$844,458".
Section 30. Said Act is further amended by striking from Section 21. relating to the Commission on Aging, the figure "$66,539" and in serting in lieu thereof the figure "$62,539".
Section 31. Said Act is further amended by striking from Section 22. relating to the Department of Family and Children Services, the figure "$86,146,538" and inserting in lieu thereof the figure "$80,129,473".
Section 32. Said Act is further amended by striking from Section 24. relating to the Department of Veterans Service, the figure "$3,454,014" and inserting in lieu thereof the figure "$3,218,197".

Section 33. Said Act is further amended by striking from Section 25. A., relating to the Department of Labor-Employment Security Agency, the figure "$115,000" and inserting in lieu thereof the figure "$105,000".
Section 34. Said Act is further amended by striking from Section 25. B., relating to the Department of Labor-Employment Security Agency-Work Incentive Activity, the figure "$362,739" and inserting in lieu thereof the figure "$322,739".

Section 35. Said Act is further amended by adding at the end of Section 25, relating to the Department of Labor-Employment Secur
ity Agency, the following:

"C. Unemployment Compensation Reserve Fund

F. Y. 1972 __...._.__......_.___..._.__.._.._._.-._-..__-.^-__..$2,439,000".

TUESDAY, FEBRUARY 1, 1972

1033

Section 36. Said Act is further amended by striking from. Section 26. relating to the Department of Industry and Trade, the figure
"3,199,459.81" and inserting in lieu thereof the figure "$2,942,257".

Section 37. Said Act is further amended by striking from Section 27. relating to the Science and Technology Commission, the figure "$105,000" and inserting in lieu thereof the figure "$100,000".

Section 38. Said Act is further amended by striking from Section 28. relating to the Department of Agriculture-Operations, the figure "$8,891,530" and inserting in lieu thereof the figure "$8,509,530".

Section 39. Said Act is further amended by striking from Section 28, relating to the Department of Agriculture-Fire Ant Eradication Program, the figure "$1,500,000" and inserting in lieu thereof the figure "$1,340,000".

Section 40. Said Act is further amended by striking from Section
28, relating to the Department of Agriculture-Indemnities, the figure "$236,600" and inserting in lieu thereof the figure "$118,600".

Section 41. Said Act is further amended by striking from Section 28. relating to the Department of Agriculture, the last paragraph and inserting in lieu thereof the following:

"Provided, that from the above appropriated amount for Au thority 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 out lay, a rental rate which, on lease of one (1) year or longer, will amortize the cost or pro rata cost of construction over a period of 30 years on the reasonable life of the facility if the same should be less than 30 years."

Section 42. Said Act is further amended by striking from Section 29. relating to the Department of Mines, Mining and Geology-Opera tions, the figure "$414,100" and inserting in lieu thereof the figure "$411,006".
Section 43. Said Act is further amended by striking from Section 29, relating to the Department of Mines, Mining and Geology-Water Resources Research, the figure "$150,000" and inserting in lieu thereof the figure "$140,000".

Section 44. Said Act is further amended by striking from Section 29, relating to the Department of Mines, Mining and Geology-Topo
graphic Information, the figure "$35,000" and inserting in lieu thereof the figure "$27,000".

Section 45. Said Act is further amended by striking from Section

1034

JOURNAL OF THE HOUSE,

30. relating to the Ocean Science Center of the Atlantic, the figure "$490,000" and inserting in lieu thereof the figure "$390,000".

Section 46. Said Act is further amended by striking from Section 31. relating to the Altamaha River Basin Development Commission, the figure "$43,800" and inserting in lieu thereof the figure "$40,800".

Section 47. Said Act is further amended by striking from Section 32. relating to Georgia Commission for the Development of the Chattahoochee River Basin, the figure "$6,920" and inserting in lieu thereof the figure "$5,920".

Section 48. Said Act is further amended by striking from Section 33. relating to the Department of Public Safety-Operations, the figure "$17,252,508" and inserting in lieu thereof the figure "$16,504,127".

Section 49. Said Act is further amended by striking from Section 33. relating to the Department of Public Safety-Capital Outlay, the figure "$-0-" and inserting in lieu thereof the figure "$23,000".

Section 50. Said Act is further amended by striking from Section 34. relating to the Pharmacy Board, the figure "$239,842" and inserting in lieu thereof the figure "$234,842".
Section 51. Said Act is further amended by striking from Section 35. relating to the State Board of Probation, the figure "$2,168,400" and inserting in lieu thereof the figure "$2,067,949".

Section 52. Said Act is further amended by striking from Section 36. relating to the State Board of Pardons and Paroles, the figure "$1,360,500" and inserting in lieu thereof the figure "$1,305,500".
Section 53. Said Act is further amended by striking from Section 37. relating to the State Board of Corrections--Operations, the figure "$16,789,693" and inserting in lieu thereof the figure "$16,733,979".
Section 54. Said Act is further amended by striking from Section 37, relating to the State Board of Corrections--Capital Outlay, the figure "$440,000" and inserting in lieu thereof the figure "$250,000".

Section 55. Said Act is further amended by striking from Section 37. relating to the State Board of Corrections--Authority Lease Rentals, the figure "$1,273,000" and inserting in lieu thereof the figure "$1,362,000".
Section 56. Said Act is further amended by striking from Section 38. relating to the Coordinator of Highway Safety, the figure "$103,450" and inserting in lieu thereof the figure "$100,450".

Section 57. Said Act is further amended by striking from Section 39. relating to the Department of Defense, the figure "$1,134,775" and inserting in lieu thereof the figure "$1,063,947".

TUESDAY, FEBRUARY 1, 1972

1035

Section 58. Said Act is further amended by striking from Section 40. relating to the Comptroller General, the figure "$1,837,600" and inserting in lieu thereof the figure "$1,747,600".

Section 59. Said Act is further amended by striking from Section 41. relating to the Department of Banking, the figure "$890,803" and inserting in lieu thereof the figure "$840,803".

Section 60. Said Act is further amended by striking from Section 42. relating to the Literature Commission, the figure "$18,400" and inserting in lieu thereof the figure "$16,400".

Section 61. Said Act is further amended by striking from Section 43. relating to the Game and Fish Commission-Operations, the figure "$5,400,872" and inserting in lieu thereof the figure "$5,324,461".

Section 62. Said Act is further amended by striking from Section 43, relating to the Game and Fish Commission-Capital Outlay, the figure
2,000" and inserting in lieu thereof the figure "$404,500".

Section 63. Said Act is further amended by striking from Section 43A., relating to the Groveland Lake Development Commission, the figure "$100,000" and inserting in lieu thereof the figure "$92,000".

Section 64. Said Act is further amended by striking from Section 44, relating to the Recreation Commission, the figure "$121,385" and inserting in lieu thereof the figure "$117,585".

Section 65. Said Act is further amended by striking from Section 46. relating to the Jekyll Island Committee, the figure "$200,000" and inserting in lieu thereof the figure "$190,000".

Section 66. Said Act is further amended by striking from Section 47. relating to the North Georgia Mountains Commission, the figure "$295,697" and inserting in lieu thereof the figure "$268,697".

Section 67. Said Act is further amended by striking from Section 48. relating to the Lake Lanier Island Development Commission, the figure "$839,000" and inserting in lieu thereof the figure "$759,000".

Section 68. Said Act is further amended by striking from Section 49. relating to the Department of Parks-Operations, the figure "$2,479,450" and inserting in lieu thereof the figure "$2,347,103".

Section 69. Said Act is further amended by striking from Section 49. relating to the Department of Parks-Capital Outlay, the figure "$924,892" and inserting in lieu thereof the figure "$874,892".

Section 70. Said Act is further amended by striking from Section 50. relating to the Soil and Water Conservation Committee, the figure "$506,700" and inserting in lieu thereof the figure "$469,500".

1036

JOURNAL OP THE HOUSE,

Section 71. Said Act is further amended by striking from Section 51. relating to the Forest Research Council, the figure "$520,200" and inserting in lieu thereof the figure "$482,200".

Section 72. Said Act is further amended by striking from Section 52. relating to the Forestry Commission, the figure "$7,055,371" and inserting in lieu thereof the figure "$6,706,123".

Section 73. Said Act is further amended by striking from Section 53. relating to the Mineral Leasing Commission, the figure "$5,000"
and inserting in lieu thereof the figure "$2,000".

Section 74. Said Act is further amended by striking from Section 54. relating to the Department of Mines, Mining, and Geology, Surface Mined Land Use Board, the figure "$160,271" and inserting in lieu thereof the figure "$150,271".
Section 75. Said Act is further amended by striking from Section 55. relating to the State Treasury, the figure "$168,200" and inserting in lieu thereof the figure "$163,200".

Section 76. Said Act is further amended by striking from Section 56. relating to the Budget Bureau, the figure "$579yl90" and inserting in lieu thereof the figure "$546,260".
Section 77. Said Act is further amended by striking from Section 57. relating to the Department of Revenue, the figure "$14,431,300" and inserting in lieu thereof the figure "14,111,185".
Section 78. Said Act is further amended by striking from Sec tion 58, relating to the Employees Retirement System, the figure "$715,000" and inserting in lieu thereof the figure "$115,000".
Section 79. Said Act is further amended by striking from Section 61, relating to the Secretary of State-Operations, the figure "$3,808,490" and inserting in lieu thereof the figure "$3,010,610".
Section 80. Said Act is further amended by striking from Section 61, relating to the Secretary of State-Special Repairs, the figure "$100,000" and inserting in lieu thereof the figure "$-0-".
Section 81. Said Act is further amended by striking from Sec tion 62, relating to the State Library, the figure "$140,162" and insert ing in lieu thereof the figure "$130,564".

Section 82. Said Act is further amended by striking from Section 63. relating to the State Computer Service Center, the figure "$400,000" and inserting in lieu thereof the figure "$422,528".

Section 83. Said Act is further amended by striking from Section 64. relating to the Supervisor of Purchases, the figure "$1,144,504" and inserting in lieu thereof the figure "$1,095,600".

TUESDAY, FEBRUARY 1, 1972

1037

Section 84. Said Act is further amended by striking from Section 65. relating to the Capitol Square Improvement Committee, the figure "$150,000" and inserting in lieu thereof the figure "$772,880".

Section 85. Said Act is further amended by adding immediately before the word "Construction" in Section 65, relating to the Capitol Square Improvement Committee, the following:

"Special Repairs F. Y. 1972 _________________________________________________________$80,000".

Section 86. Said Act is further amended by striking from Section 66. relating to the State Properties Control Commission, the figure "$50,000" and inserting in lieu thereof the figure "$46,588".

Section 87. Said Act is further amended by striking from Section 67. relating to the Department of Air Transportation, the figure "$314,756" and inserting in lieu thereof the figure "$310,317".

Section 88. Said Act is further amended by striking from Section 68. relating to the Executive Department-Office of the Governor, the figure "$638,200" and inserting in lieu thereof the figure "$621,200".

Section 89. Said Act is further amended by striking from Section 69. relating to the Executive Department-Governor's Emergency Fund, the figure "$2,000,000" and inserting in lieu thereof the figure $1,800,000".

Section 90. Said Act is further amended by striking from Section 71, relating to the Bureau of State Planning and Community AffairsOperations, the figure "$894,085" and inserting in lieu thereof the figure "$889,217".

Section 91. Said Act is further amended by striking from Section 71. relating to the Bureau of State Planning and Community AffairsGrants, the figure "$lyl89,031" and inserting in lieu thereof the figure "$1,143,899".

Section 92. Said Act is further amended by striking from Section 72. relating to Grants to Counties and Municipalities-Grants to Counties, the figure "$2,600,000" and inserting in lieu thereof the figure "$2,340,000".

Section 93. Said Act is further amended by striking from Section 72, relating to Grants to Counties and Municipalities-Grants to Munici palities, the figure "$4,200,000" and inserting in lieu thereof the figure "$3,780,000".

Section 94. Said Act is further amended by striking from the end of Section 76 the figure "$1,224,342,003.71", which was the total appropriations for F. Y. 1972, and inserting in lieu thereof the figure "$1,175,681,611.06".

1038

JOURNAL OP THE HOUSE,

ARTICLE II.

Section 95. The changes in appropriations made in Article I of this Act shall be according to the Governor's recommendations contained in the Budget Report relating to changes for the fiscal year 1971-72 presented to the General Assembly at the regular 1972 session.

Section 96. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 97. All laws and parts of laws in conflict with this Act are hereby repealed.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Appropria tions Act", approved March 19, 1971 (Ga. Laws 1971, p. Ill), so as to change the appropriations of certain agencies of the State for the re mainder of the fiscal year ending June 30, 1972; to provide for other matters relative thereto; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
ARTICLE I.
This Article relates only to changes in the appropriations and pro visions relative to the fiscal year 1971-72.
Section 1. An Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Appropriations Act", approved March 19, 1971 (Ga. Laws 1971, p. Ill), is hereby amended by striking from the first paragraph after the enacting clause the following:
"$1,189,600,000.00"
and inserting in lieu thereof the figure:
"$1,150,000,000.00".
Section 2. Said Act is further amended by striking from Section 5. A., relating to Superior Courts, the figure "$2,445,159" and inserting in lieu thereof the figure "$2,723,134".
Section 3. Said Act is further amended by striking from Section

TUESDAY,. FEBRUARY 1, 1972

M)&9

5. B., relating to District Attorneys, the figure "$1,403,775" and inserting

in lieu thereof the figure "$1,452,775".

:

Section 4. ; Said Act is further amended by striking from Section 6. relating to the reports of the Supreme Court and Court of Appeals, the figure "$53,000" and inserting in lieu thereof the figure "$32,000".

Section 5. (a) Said Act is further amended by striking from Section 7. A., relating to the State Board of Education and the Depart ment of Education, the figure "$412,526,841" and inserting in lieu thereof the figure "$409,036,841".

(b) Said Act is further amended by adding after the appropriation for operations in Section 7.A., the following:

"Changed Objects:

Operating Expenses __,,.-....__._,,__________-$20,282,981.00 High School Program ______,,____--___________$10,442,219.0(. Area Vocational Technical Schools ______________ $17,899,212.00 Grants to Fernbank Science Center ,,_-_______,,$ 100,000.00 Early Childhood Development Services _______$ 500,000.00".

(c) Said Act is further amended by striking from Section 7.A., the next to the last proviso and inserting in lieu thereof the following:

"Provided that of the above appropriated amount relative to operating expenses, $60,000.00 is designated and committed for use at the LaGrange Area Sheltered Workshop".

(d) Said Act is further amended by adding at the end of Section 7. A., the following provisos:

"Provided that of the above appropriated amount relative to Operating Expense, the sum of $35,000 is designated and committed for land clearing and construction at the Atlanta Area School for the Deaf."
"Provided that of the above appropriated State funds, $45,000 is designated and committed for the purpose of improving and enlarging the electrical distribution system at the Georgia School for the Deaf at Cave Springs, Georgia."

Section 6. Said Act is further amended by striking from Section 7. B., relating to Grants Direct to School Systems for Capital Outlay Purposes, the figure "$2,291,613" and inserting in lieu thereof the figure "$2,191,613".
Section 7. (a) Said Act is further amended by striking from

1040

JOURNAL OF THE HOUSE,

Section. 8. A., relating to the State Board of Regents, the figure "$162,953,003" and inserting in lieu thereof the figure "$158,273,241".

(b) Said Act is further amended by adding after the appropriation for operations in Section 8 the following:

"Changed Objects: Grants to Junior Colleges __..__.._..___...$ 2,131,600.00 Operating expenses--Education and General $38,661,056.00".

Section 7A. Said Act is further amended by striking from Section 8(b) the figure "$1,000,000" and inserting in lieu thereof the figure "$2,616,000" and by adding thereafter the following:

"Changed Objects: Capital Outlay ..._......_.-._._._..._._._..._.__..__....._.^$7,616,000.00".

Section 8. Said Act is further amended by striking from Section 8. B., relating to Authority Lease Rentals, the figure "$18,198,790" and
inserting in lieu thereof the figure "$17,893,552".

Section 9. Said Act is further amended by striking from Section 9. relating to the Education Improvement Council, the figure "$136,400" and inserting in lieu thereof the figure "$130,400".

Section 10. Said Act is further amended by striking from Section 10. relating to the Higher Education Assistance Corporation, the figure "$706,258" and inserting in lieu thereof the figure "$614,039".

Section 11. Said Act is further amended by striking from Section 10. relating to the Georgia Higher Education Assistance Authority, the figure "$235,461", and inserting in lieu thereof the figure "$201,461".

Section 12. Said Act is further amended by striking from Section 11. relating to the State Scholarship Commission, the figure "$1,199,192" and inserting in lieu thereof the figure "$1,165,192".

Section 13. Said Act is further amended by striking from Section 12. relating to the Medical Education Board, the figure "$251,000" and inserting in lieu thereof the figure "$241,000".

Section 14. Said Act is further amended by striking from Section 13. relating to the Georgia Commission on the Arts, the figure "$107,292" and inserting in lieu thereof the figure "$99,292".

Section 15. Said Act is further amended by striking from Section 14. relating to the Georgia Historical Commission--Operations, the figure "$485,000" and inserting in lieu thereof the figure "$463,500".

TUESDAY, FEBRUARY 1, 1972

1041

Section 16. (a) Said Act is further amended by striking from Section 14, relating to the Georgia Historical Commission--Capital Outlay, the figure "$50,000" and inserting in lieu thereof the figure "$81,500".

(b) Said Act is further amended by adding at the end of Section 14 the following:

"Changed Objects: Capital Outlay ____.________.._______,,,,_,,__^_._._.._._._._.$81,500"

and by adding the following proviso:

"Provided from the above appropriation for Capital Outlay $50,000.00 is designated and committed for the restoration of the Lapham Patterson house."

Section 17. Said Act is further amended by adding at the end of Section 15, relating to the Teachers Retirement System, the following:

"Provided further that of the above appropriation, $400,000 shall be used to provide for reduction in period of service from 40 to 35 years for 100% retirement credit, and the State Budget Bureau shall transfer to the Department of Education and the Board of Regents such amounts of this appropriation as are re quired so meet the change in contribution rate as established by the Teachers Retirement System.",

and by adding the following:

"Changed Objects: Employer contributions .__.........._...._....__,,._. $1,500,000.00".

Section 18. Said Act is further amended by striking from Section 16. relating to Public School Employees' Retirement System, the figure "$2,451,217" and inserting in lieu thereof the figure "$2,438,717".

Section 19. (a) Said Act is further amended by striking from Section 17. A., relating to the Health Department--Medical Care Ad ministration, the figure "$50,343,635" and inserting in lieu thereof the figure "$45,235,320".

(b) Said Act is further amended by adding at the end of Section 17. A. the following:

"Changed Objects: Grants--benefit payments _........_..._..._.^..........$141,380,415".,

and by adding the following provisos:

1042

JOURNAL OF THE HOUSE,

:

"Provided, that at such time as the maximum Medicaid payment

rate for skilled nursing homes shall be raised to $330 ;p'er month,

the maximum Medicaid payment rate for intermediate care facili

ties shall be raised to $280 per month."

"Provided, all the above increases in nursing home payments shall become effective April 1, 1972."

"Provided, the Department shall allow 75% of the regular Medicaid payment for nursing home beds held vacant up to and including ten days for Medicaid patients who are hospitalized dur ing a stay in a nursing home, subject to such additional regulations the Department may require."

Section 20. Said Act is further amended by striking from Section 17. B., relating to the Health Department--Health Surveillance and Disease Control, the figure "$7,101,895" and inserting in lieu thereof the figure "$6,907,627".

Section 21. (a) Said Act is further amended by striking from Section 17. C., relating to the Health Department--Community Health Services and Facilities, the figure "$10,891,700" and inserting in lieu thereof the figure "$9,716,545".

(b) Said Act is further amended by adding at the end of Section 17. C. the following:
"Changed Objects: Grants to diagnostic and evaluation centers.--,,.$ 65,000 Grants to counties--health services.--____.____-$12,552,900".,
and by adding the following:

"Provided that of the above appropriation, $885,000 in State funds is designated and committed for mental retardation grants to coun ties for day care centers."

Section 22. Said Act is further amended by striking from Section 17. D., relating to the Health Department--Environmental Health-Water Quality Control, the figure "$9,587,400" and inserting in lieu thereof the figure "$650,200".

Section 23. Said Act is further amended by striking from Section 17. D., relating to the Health Department--Environmental Health-Water Quality Control, the figure "$1,905,845" and inserting in lieu thereof the figure "$1,850,355".

Section 24. Said Act is further amended by striking from Section 17. E., relating to the Health Department--Mental Health, the figure "$79,859,740" and inserting in lieu thereof the figure "$76,888,678".

TUESDAY, FEBRUARY 1, 1972

1043

Section 25. Said Act is further amended by striking from Section 17. F., relating to the Health Department--General Administration, the figure "$3,931,735" and inserting in lieu thereof the figure "$4,280,493".

Section 26. Said Act is further amended by striking from Section 18. relating to the Department of Labor, the figure "$420,800"and in serting in lieu thereof the figure "$400,799".

Section 27. Said Act is further amended by striking from Section 19. A., relating to the Highway Department, the figure "$156,943,454" and inserting in lieu thereof the figure "$144,120,652.16".

Section 28. (a) Said Act is further amended by striking from Section 19. E., relating to the Highway Department-Airport Develop ment, the figure "$976,347" and inserting in lieu thereof the figure "$890,347".
(b) Said Act is further amended by adding at the end of Section 19. E. the following:
"Changed Objects:
Capital Outlay ,,_-_______,,______,,,,___...__------__------_------____$890,347".
Section 29. Said Act is further amended by striking from Section 20. relating to the Public Service Commission, the figure "$882,643" and inserting in lieu thereof the figure "$844,458".

Section 30. Said Act is further amended by striking from Section 21. relating to the Commission on Aging, the figure "$66,539" and in serting in lieu thereof the figure "$62,539".

Section 31. (a) Said Act is further amended by striking from Section 22, relating to the Department of Family and Children Services, the figure "$86,146,538" and inserting in lieu thereof the figure "$77,979,473".
(b) Said Act is further amended by adding at the end of Section 22 the following:
"Changed Objects: Grants to county-owned detention centers--_____.$ 1,000,000 Grants to individuals for support---------------$214,919,415 Grants to counties for administration _____ _______$ 37,843,000 Personal services _____,,_----_____,,_______--___________------$ 13,685,100".

Section 32. Said Act is further amended by striking from Section 24, relating to the Department of Veterans Service, the figure "$3,454,014" and inserting in lieu thereof the figure "$3,218,197".

1044

JOURNAL OF THE HOUSE,

Section 33. Said Act is further amended by striking from Section 25. A., relating to the Department of Labor--Employment Security Agency, the figure "$115,000" and inserting in lieu thereof the figure "$105,000".

Section 34. Said Act is further amended by striking from Section 25. B., relating to the Department of Labor--Employment Security Agency--Work Incentive Activity, the figure "$362,739"and inserting in lieu thereof the figure "$322,739".

Section 35. Said Act is further amended by adding at the end of Section 25, relating to the Department of Labor--Employment Security Agency, the following:

"C. Unemployment Compensation Reserve Fund F. Y. 1972 .._._..._..._..__._.____________________._..__$689,000",

and by adding the following:

"Changed Objects: State Unemployment Compensation Reserve Fund $689,000."

Section 36. Said Act is further amended by striking from Section 26. relating to the Department of Industry and Trade, the figure "$3,199,459.81" and inserting in lieu thereof the figure "$2,942,257".

Section 37. Said Act is further amended by striking from Section 27. relating to the Science and Technology Commission, the figure "$105,000" and inserting in lieu thereof the figure "$100,000".

Section 38. Said Act is further amended by striking from Section 28. relating to the Department of Agriculture--Operations, the figure "$8,891,530" and inserting in lieu thereof the figure "$8,509,530".

Section 38A. (a) Said Act is further amended by striking from Section 28, relating to the Department of Agriculture--Capital Outlay, the figure "$160,000" and inserting in lieu thereof the figure "$205,000", and by adding immediately thereafter the following:

"Provided that from the above appropriation $150,000 is designated and committed for construction at the Albany Farmers Market."
(b) Said Act is further amended by adding at the end of Section 28 the following:
"Changed Objects: Capital Outlay ____________.__.______.______$ 216,000 Fire ant eradication __________________$ - 0 -

TUESDAY, FEBRUARY 1, 1972

1045

Indemnities ______________,,_____.___$ - 0 Indemnities and fire ant eradication................__..$1,458,600

Section 39. Said Act is further amended by striking from Section 28, relating to the Department of Agriculture--Fire Ant Eradication Program, the figure "$1,500,000" and inserting in lieu thereof the figure "$1,340,000".

Section 40. Said Act is further amended by striking from Section 28, relating to the Department of Agriculture--Indemnities, the figure "$236,600" and inserting in lieu thereof the figure "$118,600".

Section 41. Said Act is further amended by striking from Section 28. relating to the Department of Agriculture, the last paragraph and inserting in lieu thereof the following:

"Provided, that from the above appropriated amount for Au thority 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, a rental rate which, on lease of one (1) year or longer, will amortize the cost or pro rata cost of construction over a period of 30 years on the reasonable life of the facility if the same should be less than 30 years."

Section 42. Said Act is further amended by striking from Section 29. relating to the Department of Mines, Mining and Geology--Opera tions, the figure "$414,100" and inserting in lieu thereof the figure "$411,006".

Section 43. Said Act is further amended by striking from Section 29, relating to the Department of Mines, Mining and Geology-Water Resources Research, the figure "$150,000" and inserting in lieu thereof the figure "$140,000".

Section 44. Said Act is further amended by striking from Section 29. relating to the Department of Mines, Mining and Geology-Topo graphic Information, the figure "$35,000" and inserting in lieu thereof the figure "$27,000".

Section 45. Said Act is further amended by striking from Section 30. relating to the Ocean Science Center of the Atlantic, the figure "$490,000" and inserting in lieu thereof the figure "$390,000".

Section 46. Said Act is further amended by striking from Section 31. relating to the Altamaha River Basin Development Commission, the figure "$43,800" and inserting in lieu thereof the figure "$40,800".

Section 47. Said Act is further amended by striking from Section

1046

JOURNAL OF THE HOUSE,

32. relating to Georgia Commission for the Development of the Chattahooehee River Basin, the figure "$6,920" and inserting in lieu thereof the figure "$5,920".

Section 48. Said Act is further amended by striking from Section 33. relating to the Department of Public Safety--Operations, the figure "$17,252,508" and inserting in lieu thereof the figure "$16,504,127".

Section 49. Said Act is further amended by striking from Section 33. relating to the Department of Public Safety--Capital Outlay, the figure "- 0 -" and inserting in lieu thereof the figure "$23,000".

Section 50. Said Act is further amended by striking from Section 34. relating to the Pharmacy Board, the figure "$239,842" and inserting in lieu thereof the figure "$234,842".

Section 51. Said Act is further amended by striking from Section 35. relating to the State Board of Probation, the figure "$2,168,400" and inserting in lieu thereof the figure "$2,067,949".

Section 52. Said Act is further amended by striking from Section 36. relating to the State Board of Pardons and Paroles, the figure "$1,360,500" and inserting in lieu thereof the figure "$1,305,500".

Section 53. Said Act is further amended by striking from; Section 37. relating to the State Board of Corrections--Operations, the figure "$16,789,693" and inserting in lieu thereof the figure "$16,733,979".

Section 54. Said Act is further amended by striking from Section 37, relating to the State Board of Corrections--Capital Outlay, the figure "$440,000" and inserting in lieu thereof the figure "$250,000".

Section 55. Said Act is further amended by striking from Section 37. relating to the State Board of Corrections--Authority Lease Rentals, the figure "$1,273,000" and inserting in lieu thereof the figure "$!,101,000", and by adding at the end thereof the following:
"Changed Objects:
Authority Lease Rentals ________________._________________.1,101,000.00."
Section 56. Said Act is further amended by striking from Section 38. relating to the Coordinator of Highway Safety, the figure "$103,450" and inserting in lieu thereof the figure "$100,450".

Section 57. Said Act is further amended by striking from Section 39. relating to the Department of Defense, the figure "$1,134,775" and inserting in lieu thereof the figure "$1,063,947".

Section 58. Said Act is further amended by striking from Section 40. relating to the Comptroller General, the figure "$1,837,600" and in serting in lieu thereof the figure "$1,747,600".

TUESDAY, FEBRUARY 1, 1972

1047

Section 59. Said Act is further amended by striking from Section 41> relating to the Department of Banking, the figure "$890,803" and inserting in lieu thereof the figure "$840,803".

Section 60. Said Act is further amended by striking from Section 42. relating to the Literature Commission, the figure "$18,400" and inserting in lieu thereof the figure "$16,400".

Section 61. Said Act is further amended by striking from Section 43. relating to the Game and Fish Commission--Operations, the figure "$5,400,872" and inserting in lieu thereof the figure "$5,324,461".

Section 62. Said Act is further amended by striking from Section 43, relating to the Game and Fish Commission--Capital Outlay, the figure "$682,000" and inserting in lieu thereof the figure "$404,500".

Section 63. Said Act is further amended by striking from Section 43. A., relating to the Groveland Lake Development Commission, the figure "$100,000" and inserting in lieu thereof the figure "$92,000".

Section 64. Said Act is further amended by striking from Section 44. relating to the Recretation Commission, the figure "$121,385" and inserting in lieu thereof the figure "$117,585".

Section 65. Said Act is further amended by striking from Section 46. relating to the Jekyll Island Committee, the figure "$200,000" and inserting in lieu thereof the figure "$190,000".

Section 66. Said Act is further,amended by striking from Section 47. relating to the North Georgia Mountains Commission, the figure "$295,697" and inserting in lieu thereof the figure "$268,697".

Section 67. Said Act is further amended by striking from Section 48. relating to the Lake Lanier Island Development Commission, the figure "$839,000" and inserting in lieu thereof the figure "$759,000".

Section 68. (a) Said Act is further amended by striking from Section 49, relating to the Department of Parks--Operations, the figure "$2,479,450" and inserting in lieu thereof the figure "$2,353,603".

(b) Said Act is further amended by adding at the end of Section 49 the following:
"Changed Objects: Operating Expenses _...._.._....._...............................$1,594,207",
and by adding the following:

"Provided that of the above appropriation, $6,500 is designated and committed for the study of potential park sites in Paulding

1048

JOURNAL OP THE HOUSE,

County and for purchasing options thereon." Section 69. Said Act is further amended by striking from Section 49. relating to the Department of Parks--Capital Outlay, the figure "$924,892" and inserting in lieu thereof the figure "$874,892".

Section 70. Said Act is further amended by striking from Section 50. relating to the Soil and Water Conservation Committee, the figure "$506,700" and inserting in lieu thereof the figure "$469,500".

Section 71. Said Act is further amended by striking from Section 51. relating to the Forest Research Council, the figure "$520,200" and inserting in lieu thereof the figure "$482,000".

Section 72. Said Act is further amended by striking from Section 52. relating to the Forestry Commission, the figure "$7,055,371" and inserting in lieu thereof the figure "$6,706,123".

Section 73. Said Act is further amended by striking from Section 53. relating to the Mineral Leasing Commission, the figure "$5,000" and inserting in lieu thereof the figure "$2,000".

Section 74. Said Act is furher amended by striking from Section 54. relating to the Department of Mines, Mining and Geology, Surface Mined Land Use Board, the figure "$160,271" and inserting in lieu thereof the figure "$150,271".

Section 75. Said Act is further amended by striking from Section 55. relating to the State Treasury, the figure "$168,200" and inserting in lieu thereof the figure "$163,200".

Section 76. Said Act is further amended by striking from Section 56. relating to the Budget Bureau, the figure "$579,190" and inserting in lieu thereof the figure "$546,260".

Section 77. Said Act is further amended by striking from Section 57. relating to the Department of Revenue, the figure "$14,431,300" and inserting in lieu thereof the figure "$14,111,185".

Section 78. Said Act is further amended by striking from Section 58. relating to the Employees' Retirement System, the figure "$715,000" and inserting in lieu thereof the figure $115,000".

Section 79. Said Act is further amended by striking from Section 61, relating to the Secretary of State--Operations, the figure "$3,808,490" and inserting in lieu thereof the figure "$3,010,610".

Section 80. Said Act is further amended by striking from Section 61, relating to the Secretary of State--Special Repairs, the figure "$100,000" and inserting in lieu thereof the figure "$ - 0 -".

Section 81. Said Act is further amended by striking from Section

TUESDAY, FEBRUARY 1, 1972

1049

62. relating to the State Library, the figure "$140,162" and inserting in lieu thereof the figure "$130,564".

Section 82. Said Act is further amended by striking from Section 63. relating to the State Computer Service Center, the figure "$400,000" and inserting in lieu thereof the figure "$422,528".

Section 83. Said Act is further amended by striking from Section 64. relating to the Supervisor of Purchases, the figure "$1,144,504" and inserting in lieu thereof the figure "$1,020,000", and by adding at the end thereof the following:

"Changed Objects: Personal Services -__-_.__--........__.....___.._.__._..____.___________$540,351 Operating Expenses __.__._.___._____........._.._....--$ 90,000".

Section 84. Said Act is further amended by striking from Section 65. relating to the Capitol Square Improvement Committee, the figure "$150,000" and inserting in lieu thereof the figure "$772,880".

Section 85. Said Act is further amended by adding immediately before the word "Construction" in Section 65, relating to the Capitol Square Improvement Committee, the following:

"Special Repairs P. Y. 1972 --.--..-..-.-..__..______,,_____._____-___..__.$80,000".

Section 86. (a) Said Act is further amended by striking from Section 66, relating to the State Properties Control Commission, the figure "$50,000" and inserting in lieu thereof the figure "$91,588".

(b) Said Act is further amended by adding at the end of Section 66 the following:

"Changed Objects: Operating Expenses __________________.._.___.____.___.____.$58,797",

and by adding the following:

"Provided that of the above appropriation $45,000 is designated and committed for use at the old State Capitol in Milledgeville."

Section 87. Said Act is further amended by striking from Section 67. relating to the Department of Air Transportation, the figure "$314,756" and inserting in lieu thereof the figure "$310,317".

Section 88. Said Act is further amended by striking from Section 68. relating to the Executive Department--Office of the Governor, the figure "$638,200" and inserting in lieu thereof the figure "$621,200".

1050

JOURNAL OF THE HOUSE,

Section 89. Said Act is further amended by striking from Section 69, relating to the Executive Department--Governor's Emergency Fund,
the figure "$2,000,000" and inserting in lieu thereof the figure "$1,800,000",

Section 90. (a) Said Act is further amended by striking from Section 71, relating to the Bureau of State Planning and Community Affairs--Operations, the figure "$894,085" and inserting in lieu thereof the figure "$1,062,217",

(b) Said Act is further amended by adding at the end of Section 71 the following:
"Changed Objects: Operating expenses --.----__...--_.-_.-_-___......._..-..--_.__$725,404",
and by adding the following:
"Provided, that from the above appropriation $173,000 is desig nated and committed for continuing the methadone maintenance contract with the Narcotics Control Center."
Section 91. Said Act is further amended by striking from Section 71, relating to the Bureau of State Planning and Community AffairsGrants, the figure "$1,189,031" and inserting in lieu thereof the figure "$1,143,899".
Section 92. Said Act is further amended by adding a new Section to be known as Section 72A to read as follows:
"Section 72A. Department of Administrative Services.
Operations F. Y. 1972 --_._-__-..-._-......----__._____._...-.......__.__-._.$155,000".
Section 93. Said Act is further amended by adding a new Section to be known as Section 72B to read as follows:
"Section 72B. In addition to all other appropriations for the fiscal year ending June 30, 1972, there is hereby appropriated to the budget units designated hereinafter the amounts listed for each such budget unit for personal services:

Budget Unit

Amount

Department of Agriculture .__.----___,,,..--___^_---_--._--$ 4,268 Georgia Regional Hospital at Augusta --_------,,---- 269 Department of Banking _____-.___.______._____----____. 1,056 Battey State Hospital ,,,,____--__-_,,,,__......._._ 4,209 Central State Hospital ________________________ 46,810 Office of Comptroller General ______ _____________ 600

TUESDAY, FEBRUARY, li 1972

1051

Computer Service Center ...__.._..._..__......_________ 307

State Board of Corrections _______--__-__:_______.._______^__ 1,263

Dept. of Defense, Civil

Defense Division _____________._._._.._..._._....... 1,100

Dept. of Defense, Military Division ____________________ 615

State Board of Education ________,,_________________,__ 47,569

Employees' Retirement System--Federal ._.__________._.. 1,097

Georgia Factory for the Blind ___-_...___._.._..________ 573

Dept. of Family and Children Services--

Local--Fed. ____________________________________ 13,034

Dept. of Family and Children Services--

State -- Fed. ___,,_________,,___._______.______________ 4,944

Georgia Forestry Commission .._...._._....._____________ 321

State Game and Fish Commission _________________'____________ 1,290

Gracewood State Hospital ______________________________________ 5,398

Department of Public Health -- Local----________________ 12,227

Department of Public Health -- State __________________ 15,587

State Highway Department ______-.._______________122,457

Office of Coordinator of Highway Safety __________ 307

Department of Industry and Trade _______________ 486

Department of Labor _-__.--____________________._,,__ 190

State Library ____________,,__,,__________________________ 145

Georgia Mental Health Institute __,,__,,_________,, 1,056

Georgia Mental Retardation Center ______ ______________ 338

Merit System of Personnel Administration ______,,___ 631

Department of Mines, Mining, and Geology _____________ 369

Ocean Science Center of the Atlantic _,,____,,_____

155

State Board of Pardons and Paroles ____________________________ 1,152

Department of State Parks ____________________________ 824

State Board of Pharmacy __________________________ 97

State Board of Probation _______________________________ 145

Department of Public Safety ___________________________ 3,733

Georgia Public Service Commission ____________________________ 1,853

Georgia Recreation Commission ___,,__,,__.,,___,,______________ 255

State Purchasing Department _-_____-_____,,__________________ 445

State Revenue Department ____________________,,_______________________ 18,808

Department of Secretary of State ___________________ 3,309

Teacher Retirement System _____________________________________ 245

Department of Veterans Service _______________________ 769

State Board of Workmen's Compensation _______________ 880

Youth Development Center ____________________________________________ 4,071".

Section 94. Said Act is further amended by striking from the end of Section 76 the figure "$1,224,342,003.71", which was the total appropriations for F. Y. 1972, and inserting in lieu thereof the figure "$1,174,216,368.06".

ARTICLE II.

Section 95. All expenditures and appropriations made and au thorized under this Act shall be according to the Governor's recommenda tions contained in the Budget Report relating to changes for the fiscal year ending June 30, 1972, which report was presented to the General Assembly at the regular 1972 session, except as otherwise specified in this Act. Wherever in this Act the term "Changed Objects" is used it

1052

JOURNAL OF THE HOUSE,

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 aforesaid Budget Report.

Section 96. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 97. All laws and parts of laws in conflict with this Act are hereby repealed.

The Speaker resolved the House into a Committee of the Whole, designating Mr. Floyd of the 7th as Chairman thereof, for the purpose of considering HB 1204.

The Committee of the Whole arose and through its Chairman reported HB 1204 back to the House with the recommendation that the same Do Pass, by the Appropriations Committee Substitute, as amended by the Committee of the Whole.

By unanimous consent, the Clerk was directed to correct two typographical errors appearing in the Committee substitute to HB 1204 as follows:

On page 18 the figures "$482,000." should read "$482,200.".

On page 20, Section 83, the figures "$1,020,000." should read "$1,020,600.".

The following amendments were read and adopted:
The Committee of the Wohle moves to amend the Committee substitute to HB 1204 by adding to Section 71 the following:
"Provided that of the above appropriation, not less than $75,000 is designated and committed to the Herty Foundation for wood use research.".
The Committee of the Whole moves to amend the Committee substitute to HB 1204 by striking from Section 94 the figure "$1,174,216,368.06" and inserting in lieu thereof the figure "$1,174,236,368.06".

The Committee of the Whole moves to amend the Committee substitute to HB 1204 by:
Striking from Section 58 relating to 1971-72 the figure $1,747,600 and substituting in lieu thereof the figure $1,767,600.

TUESDAY, FEBRUARY 1, 1972

Changing object classes as listed below:

Object Class

Existing

Personal Services ..___-_...___...$1,369,791

1053
Proposed $1,388,791

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

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

Those voting in the affirmative were Messrs.

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

Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Davis, E. T. T>ns, 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 Gei singer Gignilliat Grahl Granade Grantham Greer Griffin Groover 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

Lambert

i

Lane, Dick

Lane, W. J.

Larsen, G. K.

Lee, W. J. (Bill)

Lee, W. S.

Leggett

Levitas

Lewis

Logan

Longino

Lowrey

1054
Marcus Mason Matthews, C. . Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Moyer Mulherin Mullinax Murphy Nessmith Noble Nunn Odom Oxford Patterson

JOURNAL OF THE HOUSE,

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

Smith, J.-R. Smith, V. T. Snow Sorrells
Stephens Strickland Sweat Thomason Thompson T'oles Townsend Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Collier

Conger

Phillips, W. R.

Those not voting were Messrs.

Buck Daugherty Hood

Larsen, W. W. Morgan

Northcutt Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 185, nays 3.
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 passed, by the requisite constitutional majority, the following Bill of the Senate, to-wit:

TUESDAY,:: FEBRUARY:!, 19.72

1055

SB 452. By Senator Dean of the 6th:
A Bill to;amend an Act entitled the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide that any person who shall be requested or required to submit to a chemical breath analysis shall have the right to have a witness present prior to and during the administration and analysis of such test; to repeal conflicting laws; and for other purposes.

Mr. Busbee of the 61st moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed;

The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

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JOURNAL OF THE HOUSE,

Representative Hall, Atlanta, Georgia Wednesday, February 2, 1972

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 Elder T. Roe Scott, Pastor, Metter Primitive Baptist Church, Metter, Georgia:
0 Lord, our Lord, how excellent is Thy Name in all the earth. Thou hast set Thy glory above the Heavens and yet Thou dost look down upon mankind.
Thou hast ordained the medium of prayer, by which mortal man can communicate with Thee, as the Lord of Heaven and earth.
May we ever be grateful to Thee for this blessed privilege, because through prayer we can find Thy will for us, as we sojourn in this world.
Our Father we come to Thee in the behalf of this General Assembly, and all the officials of our great State.
Grant these statesmen the wisdom they need, as they direct the affairs of our State. May they be willing to be led of Thee, that Thy will may be done, for the good of all people.
Dear Lord, bless our land and country; bless those who serve us, at home and throughout the world. Bless all world leaders with grace to seek Thy will, in their deliberations.
Holy Father, help us to find our way, back to Thy ways, then we can live together in peace. Give us grace to cultivate patience in our life so that we can feel Thy love and nearness in our very souls.
Lord, these are great favors and blessings that I have asked in Thy Name. But, Thou art a great God; Thou hast all power in heaven and among all the inhabitants of the earth.
Wilt Thou grant them according to Thy will, we ask humbly in Jesus' name. AMEN.

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

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

WEDNESDAY, FEBRUARY 2, 1972

1057

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

The Journal was confirmed.

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

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

Mr. Speaker:

,(

Your Committee on Rules met and fixed the calendar for today's business, Wednesday, February 2, 1972, and submits the following:

HB

324. Ad Val. Taxes, Tangible Property

HB

373. Mental Home Care of 111 and Aged

HB

571. Application, fugicides, herbicides

HB

809. Public Ass't. Act, Repayment of Sums

HB 1103. State Boxing Commission, create

HB 1107. Auto Wrecking Company, Custody

HB 1151. Motor Vehicle Liability Insurance

HB 1153. School Bus, Change Definition (postponed)

HB 116S. Banks, Checks, Drafts

HB 1255. Teachers, Health Insurance Plan

HB 1293. Foreclosure Sale, Real Estate, Notice

HB 1300. State Property Control, Amend HB 1304. Home Solicitation, Right to Cancel Sale HB 1308. Corporations, Amend Code Title 22 HB 1317. State Treasurer, open office HB 1346. State Board of Barbers, create

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JOURNAL OF THE HOUSE,

HB 1350. Public School Employees, Health Insurance HB 1394. Franchise, Petro. & Gas Dealers, Distributors HB 1424. Reorganization of State Government HB 1433. Deceptive practices, publication of information HB> 1446. Tobacco Boards of Trade, non-stock corp. HR 619-1446. State Programs Study Committee HB, 1471. Sales Tax, Date Dealers Remit Tax (postponed) HB 1482. Insurance, purchase unauthorized insurers

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 1574. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to amend the Charter of the City of Griffin by deleting from Section 5.6 "Punitive Powers" the words and figures "seven hundred fifty dollars" and "ten months" wherever the same appear and substituting in lieu thereof the words and figures "five hundred dollars" and "six months"; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1575. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to amend the Charter of the City of Griffin, so as to add a new sentence establishing the date on which newly elected Commissioners take office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 672-1575. By Mr. Colwell of the 5th:
A Resolution compensating Mr. Charles F. Trammell; and for other purposes.
Referred to the Committee on Appropriations.

WEDNESDAY, FEBRUARY 2, 1972

1059

HB 1576. By Mr. Hudson of the 48th:
A Bill to be entitled an Act to amend an Act creating the State Board of Nursing Homes, so as to authorize the Board to adopt rules and regulations; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 1577. By Messrs, Gignilliat of the 89th, Battle of the 90th, Alien of the 92nd, Jones of the 87th, Gaynor of the 88th, Triplett of the 93rd, Hill of the 94th and Blackshear of the 91st:
A Bill to be entitled an Act to amend and revise an Act implementing the provisions of Article V, now known as the Savannah Port Au thority, so as to confirm the powers heretofore granted said Authority and grant it additional powers; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1578. By Messrs. Collins of the 62nd, Matthews of the 63rd and Reaves of the 71st:
A, Bill to be entitled an Act to amend Code Section 92-5703, relating to the levy of ad valorem taxes, so as to change the provisions relative to the assessment of property at a percentage of its fair market value; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1579. By Messrs. Davis, Granade and Wood of the 75th, Savage of the 104th, Noble of the 73rd and Collins of the 72nd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change the corporate limits of the city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1580. By Messrs. Cheeks, Miles, and Mulherin of the 78th, Dent of the 79th, Connell of the 79th and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act providing a charter for the City of Augusta, so as to change the date of the general election in said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1581. By Mr. Rush of the 51st:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding and consolidating the laws relating

1060

JOURNAL OP THE HOUSE,

to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the Board of Corrections to pay to any qualified county the costs incurred by the county for the trial of indigents; and for other purposes.
Referred to the Committee on Appropriations.

HB 1582. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the Charter of the Town of Athens", so as to change the name to the City of Athens and to empower the Mayor and Council of said City with the right of eminent domain; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1583. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens", so as to change the name to the City of Athens and for the incorporation of said City under the name and style of "The Mayor and Council of the City of Athens"; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1584. By Messrs. Adams of the 100th, Townsend of the 115th, Lane of the 101st, Longino of the 98th and others:
A Bill to be entitled an Act to amend Georgia Title 34A, the Georgia Municipal Election Code, so as to provide that in certain counties the governing authority of any municipality lying wholly or partially within such county may authorize the governing authority of any county in which such municipality lies to conduct any election; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1585. By Messrs. Adams of the 100th, Townsend of the 115th, Lane of the 101st, Horton of the 95th and others:
A Bill to be entitled an Act to amend Code Section 36-606, so as to provide that certain counties shall acquire a fee simple title to property condemned upon payment of the condemnation money; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, FEBRUARY 2, 1972

1061

HR 674-1585. By Messrs. Moore and Gunter of the 6th:
A Resolution authorizing the lease of a certain tract of State-owned property located in Stephens County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 675-1585. By Messrs. Russell and Keyton of the 70th:
A Resolution compensating Mr. Howard S. Hopper; and for other purposes.
Referred to the Committee on Appropriations.

HR 676-1585. By Messrs. Russell and Keyton of the 70th:
A Resolution compensating Mr. John B. Hughes; and for other pur poses.
Referred to the Committee on Appropriations.

HR 677-1585. By Messrs. Russell and Keyton of the 70th:
A Resolution compensating Mr. Herman L. White; and for other purposes.
Referred to the Committee on Appropriations.

HR 678-1585. By Mr. Brown of the 32nd:
A Resolution proposing an amendment to the Constitution so as to provide the State shall grant scholarships to children of servicemen who are residents of this State and who are reported as missing in action or as a prisoner of the enemy, at any time since the beginning of the Viet Nam War; and for other purposes.
Referred to the Committee on University System of Georgia.

HR 679-1585. By Messrs. Chappell and Larsen of the 42nd:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Laurens County to issue general obligation bonds for the purpose of establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 680-1585. By Mr. Bell of the 73rd:
A Resolution compensating Mr. Harvey Pace; and for other purposes.
Referred to the Committee on Appropriations.

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JOURNAL OP THE HOUSE,

HR 681-1585. By Mr. Collins of the 62nd: A Resolution authorizing the lease of certain real property located in the City of Pelham; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 682-1585. By Messrs. Davis, Wood and Granade of the 75th, Russell and Parrar of the 77th and Bell of the 73rd:
A Resolution proposing an amendment to Article VII of the Constitu tion, so as to authorize DeKalb County to issue bonds for lawful public purposes other than school purposes without a referendum election under certain conditions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 683-1585. By Mr. Dean of the 13th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to provide for a system of control of dogs and cats within said county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

IIR 684-1585. By Mr. Dean of the 13th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Gwinnett County to provide systems of garbage disposal; to acquire and operate sanitary landfills; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 685-1585. By Messrs. Gignilliat of the 89th, Battle of the 90th, Alien of the 92nd, Jones of the 87th, Triplett of the 93rd, Gaynor of the 88th and others:

...,,.

A Resolution proposing an amendment to the Constitution so as to recognize the acquisition, construction, improvement or modification of any property used as air or water pollution control facilities within the territorial limits and the purposes of said Authority; and for other purposes.

Referred to the Committee on Natural Resources.

WEDNESDAY, FEBRUARY 2, 1972

1063

HR 686-1585. By Mr. Adams of the 100th, Townsend of the 115th, Lane : of the 101st, Longino of the 98th, Horton of the 95th, Stephens of the 103rd and others:
A Resolution proposing an amendment to Article XI, Section I, Para graph I of the Constitution of Georgia so as to authorize Fulton County to construct, maintain and operate a system of public libraries throughout said county and the corporate limits of any city located wholly or partially within said county, and to levy a tax throughout said county for the support of the same; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 687-1585. By Messrs. Adams of the 100th, Townsend of the 115th, Lane of the 101st, Longino of the 98th, Horton of the 95th, Stephens of the 103rd and others:
A Resolution proposing an amendment to the Constitution so as, to authorize the governing authority of Fulton County to maintain and operate facilities within or without the boundaries of said county for the detention, incarceration or confinement of all persons (including juveniles) subject to detention, incarceration or confinement under the laws of this State, under any county resolution or under any city ordinance; and for other purposes.
Referred to the Committee on State Planning & Community Affairs---Local Legislation.

HR 688-1585. By Messrs. Adams of the 100th, Alexander of the 96th, Hill of the 97th, Larsen of the 113th, Marcus of the 105th, Hawes of the. ,95th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a homestead exemption for each resident of Atlanta of $5,000 on his home which he owns and actually occupies as a residence and homestead; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1586. By Mr. Floyd of the 7th:

A Bill to be entitled an Act to amend an Act consolidating all of the laws chartering the City of Summerville, so as to close all that tract of land lying in Land Lot No. 57 in the 6th District and 4th Section of Chattooga County known as Selman Way; and for other purposes.

Referred to the Committee on State Planning & Community Affairs--Local

Legislation.

- ''

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JOURNAL OP THE HOUSE,

HB 1587. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to provide a uniform alternate appeal procedure for appeals from municipal Mayors or Recorders Courts to the State Courts or Superior Courts, in those counties not having State Courts; and for other purposes.
Referred to the Committee on Judiciary.

HB 1588. By Messrs. Hawes of the 95th, Snow of the 1st, Roach of the 10th, Gunter of the 6th, Nunn of the 41st and Lee of the 61st:
A Bill to be entitled an Act to amend Code Section 59-801, relating to panels of jurors, in felony trials, so as to change the provisions relative to jury panels in felony trials; and for other purposes.
Referred to the Committee on Judiciary.

HR 689-1588. By Messrs. Gunter and Moore of the 6th:
A Resolution compensating Mr. Robert L. Lawson; and for other purposes.
Referred to the Committee on Appropriations.

HB 1589. By Messrs. Smith of the 80th, Cheeks of the 78th, Dent of the 79th, Sherman of the 80th, Mulherin of the 78th, and Miles of the 78th:
A Bill to be entitled an Act to provide benefits for certain veterans to attend State-supported colleges or universities; and for other pur poses.
Referred to the Committee on University System of Georgia.
HB 1590. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Clarke County into the office of the tax com missioner of Clarke County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1591. By Messrs. Matthews of the 16th, Bell of the 73rd, Wood of the 75th, Bohannon of the 20th, King of the 86th, Ross of the 26th, Connell of the 79th and others:
A Bill to be entitled an Act to amend Code Section 84-906, relating to the prohibition against the practice of medicine without a license and exceptions thereto, so as to provide an exception for physician's assistants; and for other purposes.
Referred to the Committee on University System of Georgia.

WEDNESDAY, FEBRUARY 2, 1972

1065

HB 1592. By Messrs. Matthews of the 16th, Bell of the 73rd, Wood of the 75th, Bohannon of the 20th, King of the 86th, Ross of the 26th, Connell of the 79th and others:
A Bill to be entitled an Act to provide for physicians' assistants; and for other purposes.
Referred to the Committee on University System of Georgia.

HB 1593. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act creating the offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, so as to delete the provision that no State Highway funds shall be expended on roads or bridges in municipalities unless such roads are a part of the State Highway System or are a part of the urban, primary or secondary Federal-aid system or are a part of a county road system which is maintained by the county and extends from within the limits of the municipality concerned out into the county itself; and for other pur poses.
Referred to the Committee on Highways.
HB 1594. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to authorize the State Highway Depart ment to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 91st Congress of the United States, approved January 2, 1971, to provide for the promulgation of rules; to authorize the Highway Department to determine amounts to be paid as financial assistance; and for other purposes.
Referred to the committee on Highways.

HB 1595. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act relating to negotiation of contracts by the State Highway Department to provide for sub letting of contracts between the Department of Transportation and counties or incorporated municipalities; and for other purposes.
Referred to the committee on Highways.
HB 1596. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to provide for a referendum by which a majority of the qualified voters of Lowndes County voting in said referendum can place the Ordinary upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 1597. By Messrs. Bennett, Reaves and Barfield of the 71st:
A Bill to be entitled an Act to provide for a referendum by which a majority of the qualified voters of Lowndes County voting in said referendum can place the Tax Commissioner upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1598. By Messrs. Bennett, Reaves and Barfield of the 71st:
A Bill to be entitled an Act to provide for a referendum by which a majority of the qualified voters of Lowndes County voting in said referendum can place the clerk of the Superior Court upon an annual salary in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 690-1598. By Messrs. Atherton, McDaniell, Housley, Kreeger, Wilson and Burruss of the 117th:
A Resolution proposing an amendment to the Constitution so as to authorize and direct the governing authority of the City of Hiram to legalize and control the sale of alcoholic beverages and liquors within said City upon the petition of 35 percent or more of the voters of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1599. By Messrs. Mullinax of the 30th, Battle of the 90th, Hudson of the 48th, Reaves of the 71st and Patterson of the 20th:
A Bill to be entitled an Act to provide for occupational safety and health; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 1600. By Messrs. Mullinax of the 30th, Battle of the 90th, Hudson of the 48th, Reaves of the 71st and Patterson of the 20th:
A Bill to be entitled an Act to amend Code Section 88-111, relating to the administration of funds of the Department of Public Health, so as to delete certain provisions relating to the conducting of programs of industrial hygiene, control of ionizing and radiation, and occupational health; and for other purposes.
Referred to the Committee on Health and Ecology.

WEDNESDAY, FEBRUARY 2, 1972

1067

HB 1601. By Mr. Chappell of the 42nd:
A Bill to be entitled an Act to authorize the Board of Commissioners of any county by appropriate resolution to offer a bounty for the destruction of certain animals; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1602. By Mr. Adams of the 100th:
A Bill to be entitled an Act authorizing the State Personnel Board to provide a Health Insurance Plan for employees of the State of Georgia, so as to authorize the State Personnel Board to contract with various counties for the inclusion within any Health Insurance Plan of the employees of said county; and for other purposes.
Referred to the Committee on Retirement.

HB 1603. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Bacon County, so as to provide for a change in the compensation of the Chairman and other members of the Board under certain conditions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1604. By Mr. Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relative to feeding prison ers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1605. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Houston County upon an annual salary, so as to change the compensation of said officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1606. By Messrs. Nunn and Moyer of the 41st: A Bill to be entitled an Act to amend an Act placing the sheriff of

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JOURNAL OF THE HOUSE,

Houston County upon an annual salary, so as to change the compensa tion of said officer; arid for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1607. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Houston County upon an annual salary, so as to change the compensa tion of said officer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1608. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the tax com missioner of Houston County upon an annual salary, so as to change the compensation of said officer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1609. By Messrs. Hill of the 94th, Gaynor of the 88th, Battle of the 90th, Gignilliat of the 89th, Triplett of the 93rd and Blackshear of the 91st:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to provide for additional commissioners for the housing authorities of certain cities; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1610. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Butts County upon an annual salary, so as to change the compensation of the Ordinary of Butts County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1611. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act placing the treasurer of Butts County upon an annual salary, so as to change the compensation of the treasurer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

WEDNESDAY, FEBRUARY 2, 1972

1069

HB 1612. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act changing the compensation of the tax collector of Butts County from the fee system to a system whereby such tax collector shall be entitled to certain commissions and a salary, so as to change the compensation provisions relating to clerical personnel of the tax collector; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1613. By Messrs. Kreeger, Howard, Wilson, Housley, Atherton and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Smyrna, so as to increase the corporate limits; to change the compensation of the Mayor and Council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1614. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, Atherton and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Paulding County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1615. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, Atherton and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating the office of commissioner of Paulding County, so as to change the compensation of the commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1616. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, Atherton and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff, the ordinary and the coroner of Paulding County on a salary basis in lieu of a fee system, so as to change the compensation of the said officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HR 691-1616. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, and McDaniell of the 117th:
A Resolution proposing an amendment to the Constitution so as to provide that the Mayor and Council of the City of Smyrna shall be authorized to exempt certain property from ad valorem taxation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 692-1616. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, Atherton and McDaniell of the 117th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire pro tection districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain condi tions and requirements; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 693-1616. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, and McDaniell of the 117th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Paulding County to enact ordinances for policing and governing said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of such ordinances; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 694-1616. By Messrs. Collins of the 72nd, Davis of the 75th, Collins of the 62nd, Lane of the 44th, Mauldin of the 12th, Nessmith of the 44th, Harris of the 10th, Floyd of the 75th, Geisinger of the 72nd and Collier of the 54th:
A Resolution creating the Educational Voucher System Study Com mittee; and for other purposes.
Referred to the Committee on Education.

HR 695-1616. By Mr. Ham of the 33rd: A Resolution compensating Butts County; and for other purposes.
Referred to the Committee on Appropriations.

WEDNESDAY, FEBRUARY 2, 1972

1071

HB 1617. By Messrs. Geisinger of the 72nd, Ross of the 26th, Floyd of the 75th, Shanahan of the 8th and Collins of the 72nd:
A Bill to be entitled an Act to provide that all arrest warrants, bench warrants and search warrants issued in this State shall be numbered; to provide for the printing and distribution of such warrants; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1618. By Mr. Peters of the 2nd: A Bill to be entitled an Act to amend an Act placing the Ordinary and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to change the provisions relative to clerical help; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1619. By Mr. Peters of the 2nd: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Ringgold, so as to authorize the City to operate and maintain outside its corporate limits, facilities for the development, storage, treatment, purification and distribution of water; and for purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1620. By Messrs. Ham of the 33rd, Nunn of the 41st and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act implementing the require ments of the Federal Intergovernmental Cooperation Act of 1968, so as to change the provisions relative to the selection of representatives on Area Planning and Development Commissions; and for other pur poses.
Referred to the Committee on Industry.

HB 1621. By Messrs. Cook and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act providing for the annexation of certain areas by municipalities upon the petition of certain landowners and electors, so as to provide if there are no resident electors in the area proposed to be annexed, the application of the landowners of not less than 60% of the land area shall be sufficient; and for other purposes.
Referred to the Committee on Special Judiciary.

1072

JOURNAL OF THE HOUSE,

HR 696-1621. By Mr. Greer of the 95th:
A Resolution compensating Mr. Wingrave G. Morrison; and for other purposes.
Referred to the Committee on Appropriations.

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

HB 1526. By Mr. Grantham of the 55th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Coffee County; and for other purposes.

HB 1527. By Mr. Grantham of the 55th:
A Bill to be entitled an Act to amend an Act creating the Douglas-Coffee County Industrial Authority, so as to give the said industrial authority the power of eminent domain; and for other purposes.

HB 1528. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act placing the ordinary of Randolph County on a salary basis in lieu of a fee basis of compensation, so as to change the provisions relative to the allowance for clerical help; arid for other purposes.

HB 1529. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court of Randolph County, so as to change the provisions relative to the compensation of the deputy clerk or clerical assistants; and for other purposes.

HB 1530. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Washington, so as to change the date of the municipal election; and for other purposes.

HB 1531. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Lin coln County upon an annual salary, so as to authorize the Sheriff to employ additional deputies; and for other purposes.

WEDNESDAY, FEBRUARY 2, 1972

1073

HB 1532. By Messrs. Savage of the 104th, Brown of the 32nd and Groover of the 27th:
A Bill to be entitled an Act to amend Code Chapter 88-1, relating to the Department of Public Health, so as to increase the size of the Board of Health; to provide for the appointment of additional members and their terms of office; and for other purposes.

HB 1533. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to create the Coosa Water Authority and to authorize said Authority to acquire and maintain self-liquidating proj ects embracing sources of water supply and the distribution and sale of water and related facilities; and for other purposes.

HB 1534. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to create the Notla Water Authority and to authorize said Authority to acquire and maintain self-liquidating proj ects embracing sources of water supply and the distribution and sale of water and related facilities; and for other purposes.

HB 1535. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, so as to provide that the City Council may declare the office of Mayor vacant only in certain specified circumstances; and for other purposes.

HB 1536. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Appling County; and for other purposes.

HB 1537. By Mr. McDaniell of the 117th:
A Bill to be entitled an Act to authorize the names of certain minors to be published or broadcast under certain conditions; and for other purposes.

HB 1538. By Messrs. McDaniell, Howard, Housley, Kreeger, Wilson, Atherton and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act prohibiting the intentional inhaling or smelling of fumes from model glue for the purpose of causing a condition of intoxicating, stupefaction, euphoria, excitement, exhilara tion or dulling of the senses or nervous system, so as to provide for the posing of notices by sellers of model glue; and for other purposes.

1074

JOURNAL OF THE HOUSE,

HB 1539. By Mr. Lewis of the 37th:
A Bill to be entitled an Act to amend an Act creating the State Court of Burke County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

HR 654-1539. By Messrs. McDaniell of the 117th and Chandler of the 34th:
A Resolution creating the Legislative Building Study Committee; and for other purposes.

HR 655-1539. By Mr. Murphy of the 19th:
A Resolution compensating Mr. Dawson A. Thompson; and for other purposes.

HR 656-1539. By Messrs. Matthews and Patten of the 63rd: A Resolution compensating Mr. N. B. Mills; and for other purposes.

HR 657-1539. By Mr. Lowrey of the 9th: A Resolution compensating Mr. Andy A. Busby; and for other pur poses.
HB 1540. By Mr. Adams of the 39th: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Milner, so as to change the corporate limits of said City; and for other purposes.

HB 1541. By Mr. Smith of the 39th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Lamar County, so as to provide for residency require ments and the districting of Lamar County for purposes of electing said Board of Commissioners; and for other purposes.

HB 1542. By Mr. Smith of the 39th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Lamar County, known as the fee system; to provide in lieu thereof an annual salary for the Ordinary; and for other purposes.

HB 1543. By Mr. Smith of the 39th: A Bill to be entitled an Act to abolish the present mode of compensating

WEDNESDAY, FEBRUARY 2, 1972

1075

the Tax Commissioner of Lamar County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.

HB 1544. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Deputy Tax Commissioner of Pike County, so as to change the compensation of Deputy Tax Commissioner; and for other purposes.

HB 1545. By Messrs. Busbee of the 61st, Murphy of the 19th and Floyd of the 7th:
A Bill to be entitled an Act to require all State departments and agencies to make such purchases in excess of $50 through the State Purchasing Department; and for other purposes.

HB 1546. By Messrs. Busbee of the 61st, Lambert of the 25th and Floyd of the 7th:
A Bill to be entitled an Act to amend an Act approved March 28, 1970 so as to provide that District Attorneys shall bring all in rem pro ceedings under the provisions of said Act, rather than the Director of the State Game and Fish Commission; and for other purposes.

HB 1547. By Mr. Coney of the 118th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, sheriff, ordinary, and tax commissioner of Douglas County on an annual salary in lieu of the fee basis of compensation, so as to change the provisions relating to the compensation of said officers; and for other purposes.

HB 1548. By Messrs. Hays, Clements and Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Walker County, so as to provide for the election of the members of the Walker County Board of Education by the voters of Walker County residing outside the corporate limits of the City of Chickamauga; and for other purposes.

HB 1549. By Messrs. Nunn of the 41st, Farrar of the 77th, Edwards of the 45th, Horton of the 95th, Bennett of the 71st, Lee of the 61st, Lambert of the 25th and Chandler of the 34th:
A Bill to be entitled an Act to provide for educational accountability and improvement; and for other purposes.

1076

JOURNAL OF THE HOUSE,

HB 1550. By Messrs. Nunn of the 41st, Farrar of the 77th, Edwards of the 45th, Horton of the 95th, Bennett of the 71st, Lee of the 61st, Lambert of the 25th and Chandler of the 34th:
A Bill to be entitled an Act to provide tenure for the teachers of the public schools of Georgia; and for other purposes.

HB 1551. By Messrs. Nunn of the 41st, Farrar of the 77th, Edwards of the 45th, Horton of the 95th, Bennett of the 71st, Lee of the 61st, Lambert of the 25th and Chandler of the 34th:
A Bill to be entitled an Act to amend Code Title 32, relating to Educa tion, so as to change the provisions relative to the suspension of teachers by a county board of education; and for other purposes.

HB 1552. By Messrs. Rainey of the 47th, Housley of the 117th, Peters of the 2nd and Hudson of the 48th:
A Bill to be entitled an Act to amend an Act relating to the improve ment of real estate held by the State in fee simple or under quitclaim deed, so as to provide that appropriated State funds may be used by a Department for construction of a public ramp for the launching and re trieving of water craft and related facilities for use in connection there with; and for other purposes.

HB 1553. By Messrs. Coney of the 82nd, Evans, Scarborough, Bennett and Brown of the 81st, Wheeler of the 57th and Strickland of the 56th:
A Bill to be entitled an Act to amend Code Section 93-307, relating to the jurisdiction of the Georgia Public Service Commission, so as to provide that the power and authority to regulate and prescribe reasonable rates and charges for advertising in connection with directories published in connection to telephone services; and for other purposes.

HB 1554. By Messrs. Lowrey, Toles and Adams of the 9th:
A Bill to be entitled an Act to amend an Act providing that each county of this State, by appropriate resolution, shall require the issuance of certain permits relative to the location or relocation of certain mobile homes, so as to change the provisions relative to the annual renewal of permits authorizing the location of a mobile home within the confines of a county; and for other purposes.

HB 1555. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to authorize and empower Crisp County, acting by and through the Crisp County Power Commission, to sell or lease the generation and transmission facilities of its electric utility system or any part or portion thereof; and for other purposes.

WEDNESDAY, FEBRUARY 2, 1972

1077

HB 1556. By Messrs. Evans, Bennett and Brown of the 81st:
A Bill to be entitled an Act to amend Code Section 24A-1701, relating to summons in juvenile proceedings, so as to provide for a hearing within a certain period of time on petitions alleging deprivation of a child; and for other purposes.

HB 1557. By Mr. Evans of the 81st:
A Bill to be entitled an Act to amend an Act entitled "Uniform Act Regulating Traffic on Highways", so as to remove the provisions re lating to the annual inspection of motor vehicles; and for other purposes.

HB 1558. By Messrs. Evans and Bennett of the 81st:
A Bill to be entitled an Act to amend Code Section 24A-401, relating to definitions in the Juvenile Code of Georgia, so as to change the definition of "child"; and for other purposes.

HB 1559. By Mr. Hawes of the 95th:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, so as to establish a new Code Title 106A, relating to antitrust law and unfair and deceptive trade practices; and for other purposes.

HB 1560. By Mr. Hawes of the 95th:
A Bill to be entitled an Act to amend Title 114 of the Code of Georgia, relating to workmen's compensation, so as to provide that certain reme dies granted to an employee shall be exclusive; and for other purposes.

HB 1561. By Mr. Hawes of the 95th:
A Bill to be entitled an Act to amend Code Section 114-107, relating to those employers and employees to whom the workmen's compensation laws do not apply, so as to provide additional employees and employers to whom said laws apply and do not apply; and for other purposes.

HB 1562. By Messrs. Hawes and Cook of the 95th:
A Bill to be entitled an Act to amend Code Section 34-1402, relating to applications for absentee ballots, so as to provide for absentee ballots for runoff primaries or elections; and for other purposes.

HB 1563. By Messrs. Bohannon and Patterson of the 20th: A Bill to be entitled an Act to amend an Act known as the "Carroll

1078

JOURNAL OF THE HOUSE,

County Water Authority Act", so as to change the provisions relating to interest rate of bonds and to increase the amount of negotiable rev enue bonds said Authority may have outstanding at any one time; and for other purposes.

HB 1564. By Mr. Greer of the 95th:
A Bill to be entitled an Act to amend the State wide Probation Act to provide that all county probation systems heretofore excluded under said Act shall be financed from State funds; and for other purposes.

HB 1565. By Messrs. Salem and Rush of the 51st:
A Bill to be entitled an Act to amend an Act creating the State Court of Toombs County, so as to change the provisions relative to the compensa tion of the judge and the solicitor of said court; and for other purposes.

HB 1566. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Ordinary of Long County, so as to change the provi sions relative to the compensation of said Ordinary; and for other pur poses.

HB 1567. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act establishing the commis sioners of Long County, so as to change the provisions of the clerk of the commissioners; and for other purposes.

HB 1568. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to create the Eatonton-Putnam County Charter Commission; and for other purposes.

HB 1569. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to change the method of electing members for the Board of Education of Putnam County; to provide for the desig nation of posts; and for other purposes.

HB 1570. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to create the Eatonton-Putnam County Law Enforcement Study Commission; and for other purposes.

WEDNESDAY, FEBRUARY 2, 1972

1079

HB 1571. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Eatonton, so as to change the corporate limits of said city; and for other purposes.

HR 671-1571. By Mr. Hudson of the 28th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by local act for the creation of a Charter Commission to study all matters relating to the consolidation of the government of the City of Eatonton and Putnam County and for the establishment of a successor government; and for other purposes.

HB 1572. By Mr. Geisinger of the 72nd:
A Bill to be entitled an Act to amend Code Chapter 39-99, relating to criminal provisions in connection with executions and proceedings there under, so as to provide that it shall be lawful for a person to levy a judgment on any real property against a defendant in fi. fa. if the defendant has only an equitable title to such property; and for other purposes.

HB 1573. By Mr. Maxwell of the 17th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the clerk of the superior court, the ordinary, the tax commissioner and the coroner of Madison County, known as the fee system, so as to change the compensation of the ordinary; and for other purposes.

SR 206. By Senators Holloway of the 12th, Carter of the 14th and Lester of the 23rd:
A Resolution applying to the Congress of the United States to propose an amendment to the Constitution of the United States; and for other purposes.
SR 216. By Senators Zipperer of the 3rd, Kidd of the 25th and Fincher of the 51st:
A Resolution authorizing the State Properties Control Commission to grant to International Paper Company a license for the use of a portion of the Ogeechee River Bottom in Bryan County; and for other purposes.

SR 240. By Senator Smalley of the 28th:
A Resolution authorizing the conveyance of a certain tract of State owned property located in the City of Griffin; and for other purposes.

1080

JOURNAL OF THE HOUSE,

SR 247. By Senators Kidd of the 25th, Hamilton of the 26th, Bateman of the 27th and others:
A Resolution directing the Department of Public Health to cover chronic pediatric lung diseases, including cystic fibrosis, under the Crippled Children's Services program; and for other purposes.

SB 338. By Senator Cox of the 21st: A Bill to be entitled an Act to amend Code Section 59-120, relating to the compensating of jurors and court bailiffs, so as to change the minimum and maximum amount of compensation allowable for jurors; and for other purposes.
SB 389. By Senators Bateman of the 27th and Garrard of the 37th: A Bill to be entitled an Act to amend an Act providing for the control and operation of clinical laboratories, so as to delete therefrom that portion which exempts clinical laboratories licensed by the U.S. Govern ment from the operation of said Act; and for other purposes.
SB 385. By Senators Fincher of the 51st and London of the 50th: A Bill to be entitled an Act to amend Code Section 79A-406, relating to the annual registration of pharmacists, so as to provide educational re quirements as a prerequisite to the issuance of an annual certificate of registration; and for other purposes.
SB 441. By Senators Kidd of the 25th, Chapman of the 32nd, Henderson of the 33rd and others: A Bill to be entitled an Act to amend Code Section 79-9917, relating to conditional discharge for possession of certain drugs, as first offense, so as to change certain penalties; and for other purposes.
SB 442. By Senators Kidd of the 25th, Chapman of the 32nd, Henderson of the 33rd and others: A Bill to be entitled an Act to amend Code Title 88, relative to public health, so as to establish in the Department of Public Health a program for the control and prevention of kidney disease and for the care of patients suffering from chronic renal diseases; and for other purposes.
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

WEDNESDAY, FEBRUARY 2, 1972

1081

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

HB

630. Do Pass, by Substitute.

HB 1461. Do Pass.

HR 143- 425. Do Pass.

HR 586-1387. 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 Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HR 633-1485. Do Pass, as Amended.

HB

66. Do Pass, as Amended.

Respectfully submitted,

Snow of the 1st,

Chairman.

Mr. Smith of the 39th District, Chairman of the Committee on Motor Vehicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1463. Do Pass, by Substitute.

HB 716. Do Not Pass.

HB 1436. Do Not Pass.

HB 1435. Do Pass.

HB 1434. Do Pass.

Respectfully submitted,

Smith of the 39th,

Chairman.

1082

JOURNAL OF 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:

HR 510-1121. Do Pass.

Respectfully submitted,

Mason of the 13th,

Secretary.

Mr. Buck of the 84th District, Chairman of the Committee on Retirement, submitted the following report:

Mr. Speaker:

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

HB 1184. Do Pass.

HB 1342. Do Pass.

Respectfully submitted,

Buck of the 84th District,

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

HB 1315. Do Pass.

HB 1498. Do Pass.

HR 640-1493. Do Pass.

HR 630-1476. Do Pass.

HR 628-1476. Do Pass.

HR 265- 825. Do Pass.

HR 635-1488. Do Pass.

Respectfully submitted,

Chandler of the 34th,

Chairman.

WEDNESDAY, FEBRUARY 2, 1972

1083

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

HB 1367. Do Pass.

HB 1437. Do Pass.

HB 1438. Do Pass.

HB 1439. Do Pass.

HB 1440. Do Pass.

HB 1510. Do Pass.

HB 1511. Do Pass.

HB 1512. Do Pass.

HB 1513. Do Pass.

HB 1514. Do Pass.

HB 1515. Do Pass.

HB 1517. Do Pass.

HB 1518. Do Pass.

HR

597. Do Pass, by Substitute.

HR 637-1488. Do Pass.

HB 1298. Do Pass, by Substitute.

HB 1474. Do Pass.

HB 1475. Do Pass.

Respectfully submitted,

Levitas of the 77th,

Chairman.

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

HB 1367. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Glynn County upon an annual salary, as amended, so as to change the compensation of the sheriff and certain other personnel within the sheriff's office; and for other purposes.

1084

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 1437. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to amend an Act placing certain of the county officers of McDuffie County upon an annual salary, as amended, so as to change the compensation of the clerk of the superior court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1438. By Messrs. Johnson and Phillips of the 29th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of McDuffie County, as amended, so as to provide that all members of the board shall be elected countywide; and for other purposes.
The report 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 1439. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to provide for a seven member Board of Education of McDuffie County; and for other purposes.

WEDNESDAY, FEBRUARY 2, 1972

1085

The report 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 1440. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of McDuffie County into the office of tax com missioner of McDuffie County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1510. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend Code Section 34A-501, relating to municipal election qualifications for electors, so as to provide that certain municipalities in certain counties shall use the voters registra tion list of said county; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1511. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act placing the sheriff and the clerk of the superior court of Clayton County on an annual salary, as amended, so as to create the office of Deputy Clerk; and for other purposes.

1086

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 1512. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act placing the sheriff and the clerk of the superior court of Clayton County on an annual salary, as amended, so as to change the compensation of the sheriff and the clerk of the superior court of Clayton County; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1513. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating the State Court of Clayton County, as amended, so as to change the salary of the judge of said court; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1514. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the single office of tax commissioner of Clayton County, as amended, so as to

WEDNESDAY, FEBRUARY 2, 1972

1087

change the compensation of the tax commissioner; and for other pur poses.

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

On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1515. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the Ordinary of Clayton County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

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

HB 1517. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Clayton County, as amended, so as to authorize the sheriff and the chief of police to designate special unmarked vehicles for detective and investigative activities and assignments; and for other purposes.

The report 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.

1088

JOURNAL OP THE HOUSE,

HB 1518. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Commissioner, so as to create the office of Deputy Tax Commissioner of Clayton County; and for other purposes.

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

On the passage of the Bill, the ayes were 115, nays 0. The Bill, having received the requisite constitutional majority, was passed.

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 followingBills of the Senate, to-wit:

SB 398. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd, and Stephens of the 36th:
A Bill to enact the Interstate Corrections Compact; to provide for the purpose and policy of said Compact; and for other purposes.

SB 462. By Senators Zipperer of the 3rd, Kidd of the 25th, Riley of the 1st, and others:
A Bill to authorize county, city and independent Boards of Education to permit the use of school buses for athletic events and other school activities; and for other purposes.

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

HB 1169. By Messrs. Adams of the 100th, Smith of the 39th, Gary of the 21st and Johnson of the 29th:
A Bill to amend the "Uniform Act Regulating Traffic on Highways", so as to provide that trailers and semi-trailers of 2,500 pounds gross.

WEDNESDAY, FEBRUARY 2, 1972

1089

weight and less shall be exempt from the annual inspection provisions of said Act; and for other purposes.

HB 1238. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th and others:
A Bill to amend an Act creating the Department of Public Safety and providing for the issuance, suspension, revocation and cancellation of driver's licenses, so as to provide that the Director of the Depart ment of Public Safety shall formulate the rules and regulations for inmates subject to the custody of the Board of Corrections; and for other purposes.
The Senate has passed, as amended, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 1229. By Messrs. Merritt of the 46th, Collins of the 62nd, Nessmith of the 44th and others:
A Bill to amend Code Title 112, relating to weights and measures, so as to substantially revise, supersede and modernize the laws of this State relating to weights and measures; and for other purposes.
The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate, to-wit:

SR 246. By Senators Kidd of the 25th, McDuffie of the 19th, Kennedy of the 4th, and Zipperer of the 3rd:
A Resolution directing the State Department of Education to determine the number of buses and bus seats per bus being used in each school district and the number of children riding in said buses in order to ascertain whether or not the said school districts are requiring school children to ride in overcrowded buses; and for other purposes.

SR 253. By Senator Kidd of the 25th:
A Resolution authorizing and directing the State Board of Education to permit each person who is incarcerated to apply for and take the General Education Development Test and if the test is successfully passed, to issue the person a high school equivalency diploma even though he is ineligible to vote, is below age 20 or his high school class has not yet graduated; 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 452. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend an Act entitled the "Uniform Act Regulating Traffic on Highways", so as to provide that any person

1090

JOURNAL OF THE HOUSE,

who shall be requested or required to submit to a chemical breath analysis shall have the right to have a witness present prior to and during the administration and analysis of such test; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 398. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to enact the Interstate Corrections Com pact; to provide for the purpose and policy of said Compact; and for other purposes.
Referred to the Committee on State Institutions & Property.

SB 462. By Senators Zipperer of the 3rd, Kidd of the 25th, Riley of the 1st and others:
A Bill to be entitled an Act to authorize county, city and independent Boards of Education to permit the use of school buses for athletic events and other school activities; and for other purposes.
Referred to the Committee on Education.

SR 246. By Senators Kidd of the 25th, McDuffie of the 19th, Kennedy of the 4th and Zipperer of the 3rd:
A Resolution directing the State Department of Education to determine the number of buses and bus seats per bus being used in each school district and the number of children riding in said buses in order to ascertain whether or not the said school districts are requiring school children to ride in overcrowded buses; and for other purposes.
Referred to the Committee on Education.

SR 253. By Senator Kidd of the 25th:
A Resolution authorizing and directing the State Board of Education to permit each person who is incarcerated to apply for and take the General Education Development Test and if the test is successfully passed, to issue the person a high school equivalency diploma even though he is ineligible to vote, is below age 20 or his high school class has not yet graduated; and for other purposes.
Referred to the Committee on Education.

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

WEDNESDAY, FEBRUARY 2, 1972

1091

HB 1446. By Messrs. Collins of the 62nd and Matthews of the 63rd:
A Bill to be entitled an Act to amend an Act relating to Tobacco Boards of Trade, approved February 26, 1962, (Ga. L. 1962, p. 102), so as to authorize the organization of a nonstock corporation or voluntary association empowered to exercise on a statewide basis, with respect to tobacco markets, the powers and duties possessed by Tobacco Boards of Trade; and for other purposes.

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 Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.

Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Grahl Granade Grantham Greer Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes

Hays Hill, B. L. Hill, G. Horton 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. Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken Melton

1092
Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Peters

JOURNAL OP THE HOUSE,

Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross 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 Sweat Thompson Toles Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Battle Bennett, J. T. Bostick Bowen Carr Carter Collier Cook Drury Egan Pelton Gaynor

Gignilliat Hood Housley Howard Isenberg Jones, Herb King Lambert Leggett Levitas McDaniell McDonald Murphy

Oxford Pickard Rush Russell, A. B. Shepherd Thomason Townsend Triplett Vaughn Whitmire Williams Wilson Mr. Speaker

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

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 House when the roll was called on HB 1446, but had he been present would have voted "aye".

HB 324. By Messrs. Geisinger of the 72nd, Melton of the 32nd, Hawes and Pelton of the 95th, Wamble of the 69th, Collins of the 72nd and Granade of the 75th:
A Bill to be entitled an Act to amend an Act prescribing rates for

WEDNESDAY, FEBRUARY 2, 1972

1093

taxation of certain property classified for taxation as tangible property, so as to exempt certain tangible property for ad valorem taxes; and for other purposes.

The following Committee substitute was read:

A BILL

To be entitled an Act to amend an Act prescribing rates for taxation of certain property classified for taxation as tangible property, approved December 2, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 379), so as to exempt certain tangible property from ad valorem taxes; 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 prescribing rates for taxation of certain prop erty classified for taxation as tangible property, approved December 2, 1953 (Ga. Laws 1953, Nov.-Dec. Sess., p. 379), is hereby amended by striking subsection (c) of Section 1 in its entirety and inserting in lieu thereof a new subsection (c) of Section 1, to read as follows:

"(c) The tax imposed by subsection (a) of Section 1 of this Act shall not apply to money, interests in patent rights, copyrights, stocks, bonds, accounts receivable, collateral loans, and all notes, except notes secured by an interest in real estate which fall due more than three years from the date thereof or three years from the date of any instruments executed to secure such notes."

Section 2. Said Act is further amended by striking subsection (d) of Section 1 in its entirety.

Section 3. Said Act is further amended by striking Section 2 in its entirety.

Section 4. Said Act is further amended by striking Section 12 in its entirety.

Section 5. Said Act is further amended by striking Section 13 in its entirety and inserting in lieu thereof a new Section 13, to read as follows:

,

"Section 13. The tax required by this Act to be paid on

*

account of such long-term notes secured by real estate shall be

,;,

exclusive of all other taxes thereon, and such intangible property

,

shall not be taxed in any other manner by the State, or any

1v

county or municipality of the State, nor shall the owner or holder

thereof be required to pay any other tax thereon: Provided, that

nothing herein shall be construed to exempt any such owner or

1094

JOURNAL OF THE HOUSE,

holder from income taxes otherwise due on account of income derived from such property."

Section 6. The provisions of this Act shall become effective for all taxable years beginning after December 31, 1972, provided the constitutional amendment authorizing the General Assembly to exempt certain intangible property from all ad valorem intangible taxes in this State is ratified by the people of Georgia at the general election to be conducted in November, 1972.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:

Mr. Geisinger of the 72nd moves to amend the Committee substitute to HB 324 by deleting in lines 2, 4 and 9 the word "tangible" and inserting the word "intangible".

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 Battle Bell Bennett, J. T. Berry Black Blackshear Bohannon Bond

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

Collins, S. Coney, G. D.
Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy

Edwards Egan Evans Ezzard Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Griffin Groover Gunter Ham Hamilton 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

WEDNESDAY, FEBRUARY 2, 1972

1095

King Knowles
Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lewis
Logan Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell Melton Merritt Miles Milford Miller Moore Moyer Mulherin Mullinax
Murphy Nessmith Noble Northcutt Nunn Oxford Patterson Pearce

Peters <:

Phillips, G. S.

Pinkston :

Poole

Reaves

;

Roach

Ross

Russell, A. B.

Russell, H. P.

Salem

Savage

Shanahan

Sherman

Sims

:!

Smith, H. R.

Smith, J. R.

Smith, V. T.

Snow

Sorrells

Strickland

Sweat

Thompson

Toles

Townsend

Triplett

Tripp

Turner

Wamble ,

Wheeler, Bobby

Wheeler, J. A.

Whitmire

Williams

Wilson

Wood, J. T.

Wood, R. E.

Those voting in the negative were Messrs.

Knight Larsen, W. W.

Lee, W. S. Phillips, L. L.

Russell, W. B.

Those not voting were Messrs.:

Adams, Marvin Alexander, W. M. Bennett, Tom Bostick Bo wen Carr Carter Chandler

Chappell Collier Colwell Cook Dean, J. E. Drury Farrar Felton

Grahl Greer Harringtori Hood Isenberg Jordan Leggett Levitas

1096
Matthews, D. R. McCracken McDonald Morgan Odom Patten

JOURNAL OF THE HOUSE,

Phillips, W. R. Pickard Potts Rainey Rush Scarborough

Shepherd Stephens Thomason Vaughn Ware Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 148, nays 5.

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

HB 1317. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to authorize and direct the State Treasurer to open and maintain an office in the Treasury Department to cash personal and payroll checks of the members of the General Assembly, State officers and employees; to authorize the use of State funds to cash such checks; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D.

Adams, John

Adams, Marvin

Alexander, W. H.

Alexander, W. M.

Alien

Atherton

Barfield

Battle

Bell

Bennett, J. T.

Bennett, Tom

Berry

Black

Blackshear

Bohannon

._

Bond

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, M. Collins, S.

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

Floyd, J. H. Ployd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Groover
Gunter Ham Hamilton 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 Knight Knowles Kreeger

WEDNESDAY, FEBRUARY 2, 1972

1097

Lambert Lane, Dick Lane, W. J. 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
McCracken 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. Phillips, W. R. Pinkston Poole Reaves Roach Ross Rush Russell,, A. B. Russell,,H. P. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Stephens Strickland Thompson Toles Triplett Turner Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

King

Tripp

Williams

Those not voting were Messrs.:

Bostick Bo wen Bray Carter Collier Cook Dean, J. E. Dixon

Egan Farrar Felton Grahl Harrington Hood Howell Isenberg

Leggett Le vitas Oxford Pickard Potts Rainey Russell, W. B. Shepherd

1098
Smith, J. R. Snow Sorrells Sweat

JOURNAL OF THE HOUSE,

Thomason Townsend Vaughn

Ware Wilson Mr. Speaker

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

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

HB 1424. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to provide for the reorganization of State Government; to repeal conflicting laws; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for the reorganization of functions within the Executive Branch of State Government; to define certain terms; to provide for the creation of the Department of Offender Re habilitation; to provide for the creation, membership, and functions of the Board of Offender Rehabilitation; to provide for the continuation of the Board of Corrections and its functions; to provide for a Com missioner; to provide for the abolishment of the State Board of Proba tion and for the transfer of certain of its functions to the Board and Department of Offender Rehabilitation; to provide for the assignment of the State Board of Pardons and Paroles to the Department of Of fender Rehabilitation for administrative purposes; to provide for divi sions within the Department of Offender Rehabilitation; 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. The following terms when used in this Act shall have the following meanings:
(a) "Plan" means the Executive Reorganization Plan of 1972.
(b) The terms "function", "policy-making", "unit", and "agency" shall have the meanings ascribed to them in the Plan.
Section 2. There is hereby created the Department of Offender Rehabilitation.
Section 3. There is created a Board of Offender Rehabilitation

WEDNESDAY, FEBRUARY 2, 1972

1099

which shall establish the general policy to be followed by the Depart ment. The Board shall be composed of nine members. Five of the members shall be the members of the State Board of Corrections, created in Article V, Section V, Paragraph I of the Constitution, serving in an ex-officio capacity. They shall be appointed in the same manner and for the same term with respect to their membership on both Boards. The other four members of the Board of Offender Rehabilitation shall be appointed by the Governor with the consent of the Senate for terms of four years. The first appointment shall be for terms of one, two, three and four years and their successosr shall be appointed for terms of four years each. Nothing in this Act shall alter the duties of the State Board of Corrections with respect to the State penal institutions as provided in the Constitution.
Section 4. There is created the position of Commissioner of Of fender Rehabilitation. The Commissioner shall be the chief administra tive officer of the Department, and subject to the general policy estab lished by the Board, the Commissioner shall supervise, direct, account for, organize, plan, administer, and execute the functions vested in the Department by this Act. The position of Director of Corrections, pro vided for in Article V, Section V, Paragraph I of the Constitution, is continued and the Director shall serve ex-officio as the Commissioner of Offender Rehabilitation until such time as the Constitution is amended to delete the reference to the Director of Corrections. Following such constitutional amendment, the Commissioner of Offender Re habilitation shall be appointed as provided by statute.

Section 5. The State Board of Pardons and Paroles and its quasijudicial functions, provided for in Article V, Section I, Paragraph XI of the Constitution, are continued. The Board is assigned to the Department of Offender Rehabilitation for administrative purposes only as pre scribed in Section 105 of the Executive Reorganization Plan of 1972. In addition to the salary provided by the Constitution and notwith standing any other provision of this Act, the members of the State Board of Pardons and Paroles shall continue to receive the amount specified in Ga. Laws 1956, p. 27, as amended (Ga. Code Ann. Section 27-2703), as supplementary compensation, and, in lieu of performing duties with respect to the Statewide Probation System, shall serve exofficio in an advisory capacity to the Board of Offender Rehabilitation for which service they shall receive the supplementary compensation prescribed in the Statewide Probation Act.

Section 6. The State Board of Probation, created in Ga. Laws 1956, p. 27, as amended (Ga. Code Ann. Section 27-2703), is hereby abolished. The policy-making functions of the State Board of Probation are transferred to the Board of Offender Rehabilitation. Unless incon sistent with this Act, any reference in Georgia Laws to the State Board of Probation pertaining to its policy-making functions means the Board of Offender Rehabilitation. The administrative functions of the State Board of Probation are transferred to the Department of Offender Rehabilitation. Unless inconsistent with this Act, any reference in Georgia Laws to the State Board of Probation pertaining to its ad ministrative functions means the Department of Offender Rehabilitation.

Section 7. There is created within the Department of Offender

1100

JOURNAL OP THE HOUSE,

Rehabilitation the Division of Community-Based Services. This Division shall administer the supervision of parolees, probationers, and other offenders who are being treated outside correctional institutions. The Director of the Division shall be appointed by the Commissioner of Of fender Rehabilitation. Nothing in this Act shall alter the relationship between judges and probation supervisors prescribed in the Statewide
Probation Act, Ga. Laws 1956, pp. 27, 28 et seq. (Ga. Code Ann. Section 27-2702 et seq.).

Section 8. There is created within the Department of Offender Rehabilitation the Division of Institutional Services. This Division, which shall be subject to the governance of the State Board of Cor rections, shall administer the State's correctional institutions and re habilitative programs conducted therein. The Director of Corrections, pursuant to the Constitution, shall be the administrative head of the Division.
Section 9. Sections 2 through 8 of this Act shall be deemed to be Chapter 15A of the Plan entitled "Department of Offender Rehabili tation"; Section 2 shall be deemed to be Section 1501A of the Plan; Section 3 shall be deemed to be Section 1502A of the Plan; Section 4 shall be deemed to be Section 1503A of the Plan; Section 5 shall be deemed to be Section 1504A of the Plan; Section 6 shall be deemed to be Section 1505A of the Plan; Section 7 shall be deemed to be Section 1506A of the Plan; Section 8 shall be deemed to be Section 1507A of the Plan; and said Sections and Chapter may be cited as so designated.

Section 10. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 11. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall remain in full force and effect, as if the section, subsection, sentence, clause, or phrase declared or adjudged invalid or unconstitutional were not originally a part thereof.

Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

WEDNESDAY, FEBRUARY 2, 1972

1101

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

Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Groover 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. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan
Lowrey
Marcus
Mason
Matthews, C.

Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Snow Stephens Sweat
Thompson
Toles
Triplett
Tripp

1102
Turner Wheeler, Bobby Wheeler, J. A.

JOURNAL OF THE HOUSE,

Whitmire Williams Wilson

Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Bostick Bowen Carter Collier Collins, M. Cook Dean, J. E. Farrar Felton Gary

Grahl Hood Isenberg Longino Merritt Noble Oxford Pickard Shepherd

Smith, J. R. Sorrells Strickland Thomason Townsend Vaughn Wamble Ware Mr. Speaker

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

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

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 1471. By Mr. Hawes 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 that dealers shall remit on or before the 20th day of the month 50% of the estimated tax liability when said liability exceeds $500.00; and for other purposes.

The following substitute, offered by Mr. Hawes of the 95th, 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, so as to provide that dealers shall remit on or before the 20th day of the month fifty percent (50%) of the "estimated tax liability" for such month where such "estimated tax liability" exceeds $500.00; to provide for certain excep tions; to provide a definition of "estimated tax liability"; to provide for an effective date; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 2, 1972

1103

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act known as the "Georgia Retailers' and Con sumers' Sales and Use Tax Act," approved February 20, 1951 (Ga. Laws 1951, p. 360), as amended, is hereby amended by renumbering subsection (a) of Section 16 as paragraph (1) of subsection (a) and adding a new paragraph to be designated as paragraph (2) of sub section (a) of Section 16, to read as follows:

"(a) (2). If the "estimated tax liability" as herein defined of a dealer for any taxable period exceeds $500.00, the dealer shall file a return and remit to the State Revenue Commissioner not less than fifty percent (50%) of the "estimated tax liability" for such taxable period on or before the 20th day of such period. The amount of such payment of the "estimated tax liability" shall be credited against the amount to be due on the return required under para graph (1). Such estimated tax liability shall be based on the dealer's average monthly payments for the last fiscal year, or dealer's pay ment for the corresponding month of the last fiscal year; provided however, that no dealer shall fall under this section or have an "estimated tax liability" unless during the previous fiscal year his monthly payments exceed $500.00 per month for three consecutive months or more. No local sales taxes shall be included in determining any "estimated tax liability".

Section 2. This Act shall become effective on April 1, 1972.

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

The following amendments were read and adopted: Mr. Groover of the 27th moves to amend the floor substitute to
HB 1471 as follows: By striking from the title on line 7 of page 1 the following: "$500.00",
and inserting in lieu thereof the following: "$2,500.00", and
by striking from Section 1 on line 19 of page 1 the following: "$500.00",
and inserting in lieu thereof the following: "$2,500.00",

1104

JOURNAL OF THE HOUSE,

and by adding after the words "day of such month" in Section 1 on line 23 of page 1 the following:

"; provided, however, that if the twentieth day falls on a Saturday, Sunday or holiday, the dealer may remit the same no later than the first working day thereafter".

Mr. Ham of the 33rd moves to amend the floor substitute to HB 1471 as follows:

By striking "$500.00" on lines 5, 15, and 24 and inserting in lieu thereof "$2,500.00."

Amendments offered by Messrs. Cole of the 3rd and Milford of the 12th were read and withdrawn by unanimous consent.

The floor substitute, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.

Adams, Marvin Alexander, W. H. Alien Atherton Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Carr Chance

Chappell Cheeks Clements Cole Colwell Coney, G. D. Coney, J. L. Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dixon Dorminy Edwards Evans Ezzard Felton Fraser

Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Groover Ham Hamilton Hawes Hays Hill, B. L. Horton Howard Howell Hudson, C. M. Hudson, Ted Isenberg Jessup Jones, J. R.

WEDNESDAY, FEBRUARY 2, 1972

1105

Jordan Keyton Knight Knowles Kreeger Lambert Larsen, G. K. Lee, W. S. Leggett Levitas Lewis Longino Marcus Mason Matthews, D. R. Mauldin McCracken McDaniell McDonald Melton Miles Miller Moore

Morgan Moyer Mulherin Mullinax Noble Nunn Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Poole Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem

Savage Scarborough Shanahan Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Thompson Townsend Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Wilson
Wood, R. E.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Alexander, W. M. Bostick Bowen Brantley, H. H. Brantley, H. L. Busbee Carter Collins, S. Conger Connell Dean, N. Egan
Floyd, J. H.
Floyd, L. R.
Granade

Griffin Gunter Harrington Harris Harrison Hill, G. Hutchinson Johnson Jones, Herb King Lane, Dick Lane, W. J. Lee, W. J. (Bill) Logan
Lowrey
Matthews, C.

Maxwell Milford Murphy Nessmith Northcutt Odom Oxford Phillips, W. R. Pickard Potts Sherman Sweat Toles Whitmire
Williams
Wood, J. T.

Those not voting were Messrs.:

Barfield Chandler Collier Collins, M. Dean, J. E.

Drury Farrar Hood Housley Larsen, W. W.

Merritt Shepherd Thomason Mr. Speaker

1106

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 132, nays 49.

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

By unanimous consent, HB 1471, by substitute, as amended, was ordered immediately transmitted to the Senate.

The following Resolution of the House was read and adopted:

HR 702. By Mr. Dean of the 19th:
A RESOLUTION
Commending the Cedartown Touchdown Club; and for other pur poses.
WHEREAS, the Cedartown Touchdown Club has worked with diligence and dedication to instill a winning spirit and attitude and to foster the ideals of sportsmanship in the members of the Cedartown High School Bulldogs Football Team; and
WHEREAS, this outstanding organization has sponsored a kickoff banquet, a barbecue and numerous other fund raising projects, the proceeds of which have been used to send players to camps, to purchase athletic equipment and to buy trophies and awards for outstanding members of the Bulldogs; and
WHEREAS, Mr. Joe Anderson, the President of this outstanding organization, has given freely of his valuable time to promote the purposes and aims of good sportsmanship; and
WHEREAS, Mr. Earl Kelly serves as Vice President and Mr. Larry Dooley serves as Secretary-Treasurer of the Touchdown Club; and
WHEREAS, this outstanding organization has proven to be of immense assistance to Coach Jimmy Hightower and will assuredly pro vide valuable support to Coach Jimmy Carter, the new coach of the Bulldogs, as well as to Mr. R. T. (Tommy) Guillebeau, principal of the Cedartown High School.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby recog nize and commend the Cedartown Touchdown Club for their outstanding accomplishments during the past year.

WEDNESDAY, FEBRUARY 2, 1972

1107

BE IT FURTHER RESOLVED that the members of this Body do hereby recognize and commend Coach Jimmy Hightower and do hereby extend to him their best wishes for good luck in his new endeavors.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of this Resolution to each person hereinabove named.

Mr. Vaughn of the 74th moved that the following Resolution of the House be withdrawn from the Committee on Highways and referred to the Committee on State Planning and Community Affairs:

HR 643-1498. By Messrs. Levitas of the 77th and Vaughn of the 74th:
A Resolution proposing an amendment to the Constitution so as to make it possible for the State and State Agencies to fully comply with that certain Act of Congress known as the Uniform Relocation Assistance and Land Acquisition Policies Act in order to avoid the loss of large sums of money from the Federal Government and to authorize the General Assembly to require provisions be made for relocation assist ance; and for other purposes.

The motion prevailed.

The Speaker announced the House recessed until 2:00 o'clock, P.M.

AFTERNOON SESSION
The Speaker called the House to order.
Mr. Floyd of the 7th District, Chairman of the Committee on Appropriation, submitted the following report: Mr. Speaker:
Your Committee on Appropriation has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 535-1205. Do Not Pass. HR 534-1205. Do Not Pass. HR 538-1205. Do Not Pass.

1108

JOURNAL OF THE HOUSE,

HR 638-1493. Do Not Pass. HR 639-1493. Do Not Pass. HR 569-1357. Do Not Pass. HR 614-1427. Do Not Pass. HR 243- 756. Do Not Pass. HR 106- 270. Do Pass. HR 280- 929. Do Pass. HR 623-1459. Do Pass. HR 607-1421. Do Pass. HR 601-1404. Do Pass. HR 553-1264. Do Pass. HR 556-1278. Do Pass, as Amended. HR 551-1264. Do Pass, as Amended. HR 631-1476. Do Pass, as Amended. HR 624-1459. Do Pass, as Amended. HR 261- 821. Do Pass, as Amended. HR 157- 462. Do Pass, as Amended. HR 559-1289. Do Pass, as Amended. HR 600-1403. Do Pass, as Amended.

Respectfully submitted, Floyd of the 7th, 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 643-1498. Do Pass as Amended.
Respectfully submitted, Levitas of the 77th, Chairman.

WEDNESDAY, FEBRUARY 2, 1972

1109

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

Mr. Speaker:

Your Committee on Ways and Means has had under consideration the follow ing Bill of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1496. Do Pass, as Amended.
Respectfully submitted,
Wamble of the 69th,
Vice-Chairman.

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

HB 1229. By Mrs. Merritt of the 46th and Messrs. Collins of the 62nd, Nessmith of the 44th and others:
A Bill to be entitled an Act to amend Code Title 112, relating to weights and measures, so as to substantially revise, supersede and modernize the laws of this State relating to weights and measures; and for other purposes.

The following Senate amendments were read:
Senator Sutton of the 9th moves to amend HB 1229 as follows:
By inserting in line 28 on page 7 between the word "place" and the word "for" the following: ", which shall not be more than 25 miles distant from the location where the vehicle was stopped,".
Senator McGill of the 24th moves to amend HB 1229 as follows:
By striking Section 4 on page 12 in its entirety and inserting in lieu thereof a new Section 4 to read as follows:
"Section 4. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval."
Mrs. Merritt of the 46th moved that the House agree to the Senate amend ments.

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

1110

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom 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. Colwell
Coney, G. D.
Coney, J. L.
Conger
Connell
Cook
Dailey
Davis, W.
Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dixon
Dorminy
Drury
Edwards

Evans Ezzard Farrar Floyd, J. H. Fraser Gaynor Gignilliat Grahl Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Keyton Knight Kreeger Lane, Dick
Lane, W. J.
Larsen, G. K.
Leggett
Lewis
Logan
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
Maxwell
McDaniell
McDonald
Melton

Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Patterson Pearce Peters Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells
Stephens
Sweat
Thomason
Toles
Triplett
Tripp
Turner
Ware
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

WEDNESDAY, FEBRUARY 2, 1972

1111

Those not voting were Messrs.:

Adams, Marvin Blackshear Buck Collins, S. Daugherty Davis, E. T. Egan Felton Floyd, L. R. Gary Geisinger Granade Greer Hamilton
Jessup

Jordan King Knowles Lambert Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Levitas Longino Matthews, D. R. McCracken Murphy Northcutt Odom
Oxford

Patten Phillips, G. S. Phillips, L. L. Pickard Reaves Shanahan Smith, J. R. Strickland Thompson Townsend Vaughn Wamble Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 151, nays 0.

The motion prevailed and the Senate amendments to HB 1229 were agreed to.

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

HB 1255. By Messrs. Hutchinson of the 61st, Wheeler of the 57th, Knowles of the 22nd, Phillips of the 38th and others:
A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for Public School Teachers of the State of Georgia; and for other purposes.

Mr. Odom of the 61st moved that HB 1255 be recommitted to the Committee on Insurance for further study.

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

Those voting in the affirmative were Messrs.:

Alexander, W. H. Alexander, W. M. Alien Atherton Barfield

Battle Bennett, J. T. Bennett, Tom Bond Brown, S. P.

Cole Collier Collins, M. Collins, S. Coney, G. D.

1112
Conger Daugherty Dent Evans Farrar Felton Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Grantham Griffin Ham Harrington Harris

JOURNAL OF THE HOUSE,

Harrison Hays Hill, B. L. Hill, G. Horton Hudson, Ted Isenberg Johnson
Jordan Lane, Dick Lane, W. J. Lee, W. S. Leggett Lewis Mauldin

Miller Nessmith Odom Oxford Peters Pinkston Potts Russell, W. B. Savage Smith, V. T. Stephens Thomason
Townsend Tripp
Turner

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Bell Berry Black Bohannon Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, C. Busbee Carr Carter Chance Chappell Cheeks Clements Colwell Coney, J. L. Dailey Davis, E. T. Davis, W. Dean, Gib Dean, N. Dorminy Drury Ezzard Fraser

Granade Groover Gunter Hood Hutchinson Jessup Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Larsen, G. K. Larsen, W. W. Lowrey Mason Matthews, C. Matthews, D. R. Maxwell McCracken McDonald Miles Milford Moore Morgan Moyer Mulherin Mullinax Murphy

Noble Nunn Patterson Patten Phillips, G. S. Phillips, W. R. Pickard Poole Reaves Roach Ross . Russell, A. B. Russell, H. P. Salem Scarborough Shanahan Sims Smith, H. R. Smith, J. R. Snow Sorrells Sweat Thompson Toles Wheeler, Bobby Whitmire Williams Wood, J. T. Wood, R. E.

WEDNESDAY, FEBRUARY 2, 1972

1113

Those not voting were Messrs.:

Adams, G. D. Blackshear Brown, B. D. Buck Burruss Chandler Connell Cook Dean, J. E. Dixon Edwards Egan Gary Gaynor Grahl Greer

Hamilton Hawes Housley Howard Howell Hudson, C. M. Jones, Herb Lee, W. J. (Bill) Levitas Logan Longino Marcus McDaniell Melton Merritt Northcutt

Pearce Phillips, L. L. Rainey Rush Shepherd Sherman Strickland Triplett Vaughn Wamble Ware Wheeler, J. A. Wilson Mr. Speaker

On the motion, the ayes were 60, nays 89.

The motion was lost.

The following Committee amendment was read and adopted: The Committee on Insurance moves to amend HB 1255 as follows: By striking from line 14 of page 7 the following: "September 1, 1972, or".
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. Atherton Battle

Berry Black Bohannon Bostick Bowen Brantley, H. L.

Bray Brown, C. Busbee Carr Carter Chance

1114
Chappell Cheeks Clements Cole Coney, J. L. Conger Dailey Daugherty Davis, W. Dean, J. E. Dean, N. Dent Dixon Drury Edwards Farrar Felton Fraser Gary Gaynor Grahl Grantham Griffin Groover Gunter Ham Hamilton Harrington Harrison Hill, B. L. Horton Howard Howell

JOURNAL OP THE HOUSE,

Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lane, Dick Larsen, G. K. Larsen, W. W. Logan Lowrey Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Merritt Miles Moore Moyer Nessmith Northcutt Nunn Oxford Patterson

Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Shanahan Sherman Smith, H. R. Smith, V. T. Sorrells Strickland Thomason Thompson Triplett Tripp Turner Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Barfield Bennett, J. T. Brantley, H. H. Collier Collins, S.
Colwell Coney, G. D. Dean, Gib Dorminy

Egan Evans Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Granade Hudson, C M. Lambert

Lane, W. J. Lee, W. S. Longino Odom Rainey Savage Scarborough Snow Townsend

Those not voting were Messrs.:

Alexander, W. H. Alien Bell Bennett, Tom

Blackshear Bond Brown, B. D. Brown, S. P.

Buck Burruss Chandler Collins, M.

WEDNESDAY, FEBRUARY 2, 1972

1115

Connell Cook Davis, E. T. Ezzard Greer
Harris Hawes Hays
Hill, G. Hood Housley Knight Lee, W. J. (Bill)

Leggett Levitas Lewis Marcus Mason
Melton Milford Miller
Morgan Mulherin Mullinax Murphy Noble

Peters Pickard Pinkston Potts Shepherd
Sims Smith, J. R. Stephens
Sweat Toles Vaughn Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 117, nays 27.

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

Messrs. Toles of the 9th and Marcus of the 105th stated that they had been called from the floor of the House when the roll was called on HB 1255, as amended, but had they been present would have voted "aye".

Mr. Hays of the 1st stated that he was in a committee meeting when the roll was called on the passage of HB 1255, as amended, but had he been present would have voted "aye".

HB 809. By Messrs. Floyd of the 7th, Murphy of the 19th, Busbee of the 61st and Harris of the 10th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Public Assistance Act of 1965", so as to change the provisions relating to the repayment of sums which have been paid to a person receiving public assistance under the provisions of this Act; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act known as the "Georgia Public Assistance Act of 1965", approved March 30, 1965 (Ga. Laws 1965, p. 385), as amended, so as to change the provisions relating to the repayment of sums which have been paid to a person receiving public assistance under the provisions of the Act; to repeal conflicting laws; and for other purposes.

1116

JOURNAL OF THE HOUSE,

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act known as the "Georgia Public Assistance Act of 1965", approved March 30, 1965 (Ga. Laws 1965, p. 385), as amended, is hereby amended by striking from the last sentence of subsection (b) of Section 13 the words:

"the Director of the Department of Family and Children Services"

as they first appear in said sentence and inserting in lieu thereof the following:
"the Board commonly known as the Board of Settlements and Compromises provided for in Georgia Laws 1953, p. 185,", and by striking from said sentence the words:
"the Director of the Department of Family and Children Services",
as they appear last in said sentence and inserting in lieu thereof the words:
"said Board",
so that when so amended subsection (b) of Section 13 shall read as follows:
"(b) Any person who obtains any payment of public assistance to which he is not entitled, or in excess of that to which he is entitled, shall be liable to repay such sum, or if continued on as sistance, shall have future grants proportionately reduced until the excess amount received has been repaid. In any case in which, under this section, a person is liable to repay any sum, such sum may be collected without interest by civil action brought in the name of the Department of Family and Children Services of the State of Georgia. Any repayment required by this subsection may, in the discretion of the Board commonly known as the Board of Settlements and Compromises provided for in Georgia Laws 1953, p. 185, be waived in whole or in part, upon a finding by said Board that such repayment would deprive such person, his spouse, parent, or child of shelter or subsistence needed to enable such person, spouse, parent, or child to maintain a minimum standard of health and well-being."

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

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

WEDNESDAY, FEBRUARY 2, 1972

1117

On the passage of the Bill, by substitute, the ayes were 105, nays 1.

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

The Speaker Pro Tern assumed the Chair.

The following Resolution of the House was read and adopted:

HR 716. By Messrs. Adams of the 100th, Collins of the 72nd, Brantley of the 114th, Noble of the 73rd, Stephens of the 103rd, Savage of the 104th and Geisinger of the 72nd:
A RESOLUTION
Commending Mr. Ed Conrad; and for other purposes.
WHEREAS, the Metropolitan Atlanta Marine Trade Association will sponsor the 10th Annual Boat Show at the Atlanta Civic Center February 4-13, 1972; and
WHEREAS, the continuing success of the Atlanta Boat Show can be attributed to the promotional efforts of Mr. Ed Conrad, owner of Southeastern Exposition Management Company; and
WHEREAS, through the leadership and expertise of Mr. Conrad, the Atlanta Boat Show has become progressively larger show each year; and
WHEREAS, the Atlanta Boat Show now ranks third in prominence in the nation; and
WHEREAS, the show this year will attract approximately 100,000 people; and
WHEREAS, it is the desire of the members of this Body to recog nize Mr. Conrad for his outstanding accomplishments and achievements.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend and congratulate Mr. Ed Conrad for his dedicated and tireless efforts to make the Atlanta Boat Show the biggest and best event of its type in the United States.
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. Ed Conrad.

1118

JOURNAL OF THE HOUSE,

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

HR 619-1446. By Messrs. Groover of the 27th, Smith of the 43rd, Busbee of the 61st, Floyd of the 7th and others:
A RESOLUTION
Creating an interim study committee on State Programs; and for other purposes.
WHEREAS, there are many State programs that dictate local tax effort in the support of same; and
WHEREAS, it is the primary obligation of the State to provide for an adequate education for the citizens of this State; and
WHEREAS, many of the programs are in need of dramatic up grading; and
WHEREAS, notably, in the fields of Education, Public Health, and Welfare, the continued cost and future projected costs are and will become an intolerable burden on local units of government with limited revenue resources; and
WHEREAS, it is the feeling of the General Assembly that the costs in some or many fields of public services could best be borne by State Government, thereby affording substantial relief to local units of government and permitting a reduction in ad valorem taxes already out of balance, and, particularly in the field of education, affording to every citizen of Georgia, regardless of their place of residence, an equal opportunity for services of the same quality.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
(a) There is hereby created a Joint Committee of the House and Senate to study the possibility of shifting back to the State the tax burden now borne by local governments to finance State programs.
(b) Said Committee shall be composed of 14 members, 7 from the House and 7 from the Senate. Five of said members shall be appointed by the Speaker of the House and 5 appointed by the President of the Senate, the remaining four shall be (1) the Chairman of the Appro priations Committee of the House, (2) the Chairman of the Appropria tions Committee of the Senate, (3) the Chairman of the Ways and Means Committee of the House, and (4) the Chairman of the Banking and Finance Committee of the Senate.
(c) Said Committee is charged with recommending legislation to

WEDNESDAY, FEBRUARY 2, 1972

1119

the 1973 Session of the General Assembly designed to (1) shift back to the State the tax burden now borne by local governments to finance State programs, or a greater part thereof, of various programs to State Government, particularly in the field of public education, (2) to insure that the relief from said cost shall be passed on to property owners, and (3) to recommend ways and means of financing same.

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 101, nays 0.

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

Mr. Groover of the 27th asked unanimous consent that HR 619-1446 be im mediately transmitted to the Senate.

The consent was granted and HR 619-1446 was ordered immediately trans mitted to the Senate.

HB 1304. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act known as the "Retail Installment and Home Solicitation Sales Act", as amended, so as to change certain provisions relative to the right to cancel home solicitation sales agreements; and for other purposes.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Atherton Barfield

Battle Bell Bennett, J. T. Bennett, Tom Berry Black

Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

1120
Bray Brown, B. D. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy
Drury
Edwards
Egan
Farrar
Floyd, J. H.
Floyd, L. R.
Fraser
Gary
Gaynor
Geisinger
Gignilliat
Grahl
Grantham
Griffin
Groover
Gunter
Ham

JOURNAL OF THE HOUSE,

Hamilton Harrington Harris Harrison Hawes Hill, B. L. 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) Lse, W. S.
Leggett
Lewis
Logan
Longino
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
Maxwell
McCracken
McDaniell
McDonald
Merritt
Miles
Milford
Miller

Moore Morgan Mulherin Mullinax Nessmith Noble Northcutt Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pinkston Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Salem Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T.
Snow
Strickland
Thomason
Thompson
Toles
Townsend
Triplett
Tripp
Turner
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those voting in the negative were Messrs.:

Evans

Scarborough

WEDNESDAY, FEBRUARY 2, 1972

1121

Those not voting were Messrs.:

Alexander, W. M. Alien Blackshear Brown, C. Buck
Coney, J. L. Cook Ezzard Felton Granade Greer Hays

Hill, G. Hood Howell Le vitas Matthews, D. R. Melton Moyer Murphy Nunn Phillips, L. L. Pickard

Poole Reaves Russell, W. B. Savage Shepherd Sorrells Stephens Sweat Vaughn Wamble Mr. Speaker

On the passage of the Bill, the ayes were 159, nays 2.

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

Messrs. Scarborough and Evans of the 81st stated that they had inadvertently voted "nay" when the roll was called on HB 1304, but had intended to vote "aye".

Messrs. Brown and Melton of the 32nd stated that they had been called from the floor of the House when the roll was called on HB 1304, but had they been present would have voted "aye".

HB 1482. By Mr. McCracken of the 36th:
A Bill to amend Title 56 of the Code of Georgia relating to insurance, as amended, so as to authorize the purchase of insurance from unau thorized insurers by nuclear insureds 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 99, nays 0.

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

1122

JOURNAL OF THE HOUSE,

HB 1346. By Messrs. Brown of the 32nd and Lowrey of the 9th:
A Bill to be entitled an Act to create the Georgia State Board of Bar bers; and for other purposes.

The following amendments were read and adopted:
Mr. Northcutt of the 21st moves to amend HB 1346 by adding after the word "Governor" on line 11 on page 4 the following:
"submitted by a list of three from the three Professional Bar bers Associations in Georgia."
Mr. Gunter of the 6th moves to amend HB 1346 by striking the word "7th" from line 16 on page 8 and inserting in place thereof the word "5th".

The report of the Committee, which was favorable to the passage of the Bills, was agreed to, as amended.
On the passage of the Bill, as amended, the ayes were 103, nays 1.
The Bill, having received the requisite constitutional majority, was passed, as amended.
Mr. Brown of the 32nd asked unanimous consent that HB 1346 be immediately transmitted to the Senate.

The consent was granted and HB 1346 was ordered immediately transmitted to the Senate.
HB 1103. By Mr. Lane of the 101st: A Bill to be entitled an Act to create a State Boxing Commission; and for other purposes.
The following Committee substitute was read: A BILL
To be entitled an Act to create a State Boxing Commission; to pro vide the jurisdiction, duties and authority of said Commission; to pro-

WEDNESDAY, FEBRUARY 2, 1972

1123

vide for membership and meetings; to require each person, firm or cor poration desiring to act as a match maker for or to hold a professional boxing match to first obtain any required local license and a license from the State Boxing Commission; to provide for fees; to provide penalties; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. There is hereby created a State Boxing Commission (hereafter, the Commission) which shall have concurrent jurisdiction with county and municipal governments to license the promotion or holding of each and every professional boxing match promoted or held in Georgia. The Commission shall be composed of seven voting mem bers. Three members shall be appointed by the Governor (two from the field of professional athletics and one experienced in reporting professional athletic events) for initial terms of office of three, four and five years, respectively. Two members shall be appointed by the President of the Senate to initial terms of office of three and four years respectively. Two members shall be appointed by the Speaker of the House of Representatives to initial terms of office of three and four years, respectively. After initial terms of office have been served, appointments shall be made by the above appointing officers, as stated above, for terms of five years each. Each vacancy shall be filled by the officer making the original appointment, for the remainder of the vacat ing member's unexpired term. All appointments shall be subject to con firmation by the Senate. Each member of the Commission shall receive $25.00 per diem for each day spent on Commission business, plus ten cents per mile traveled on official business. The Commission shall elect a Chairman from among its membership for a term of two years. A Chairman may succeed himself. The Attorney General shall serve as an ex-officio member in a non-voting capacity.
Section 2. Before any person, firm or corporation (hereafter called "applicant" or "holder") shall promote or hold a professional boxing match in the State of Georgia, it shall first be necessary to obtain, in addition to any license (hereafter called "local license") now or hereafter required to be obtained by the governing authority of the county or municipality in which such match is to be held before such match can be held, a state license from the Commission. The applicant shall make application to the Commission on a form provided by the Commission. The Chairman of the Commission, upon receiving such an application accompanied by due proof that any required local license has been issued to the applicant and by a cashier's check made out to the State Boxing Commission for $100.00 which shall be a non-refund able fee, shall, within ten days of receiving same, call a meeting of the Commission for the purpose of approving or rejecting the application. The monies derived from said fees shall be kept and used by the Com mission for carrying out its duties, except that any monies not used at the end of the fiscal year shall lapse and become a part of the general funds in the State Treasury. At the discretion of the Commission, the $100.00 fee may be waived if the major portion of the gross receipts of any boxing match goes to charity. The meeting shall be held at a place designated by the Chairman within 20 days of his call (or at a place designated by the four calling members within 20 days of their call).

1124

JOURNAL OP THE HOUSE,

Section 3. The Commission shall meet on call of the Chairman (or upon the call of any four members) and shall decide by majority vote whether or not to issue any state license requested. The Commission is hereby authorized to inquire into the financial backing of any pro fessional boxing match, and to obtain answers to written or oral ques tions propounded to the applicant or others associated with such match. The Commissioner shall not issue the requested state license unless: (1) Any required local license has first been issued to the applicant, which local license remains valid and unrevoked thereafter, and (2) The Com mission has determined, on the basis of facts submitted or available to it, that no harm to the health, welfare, morals or safety of the citizens of Georgia will result from the holding of such match. The Commission may, by majority vote of those members present (and including the vote of any members not present who have submitted a written vote on such question) and after prior notice to the holder of the state license and after affording such holder an opportunity to be heard on the ques tion of revocation of the state license, revoke the state license.

Section 4. It shall be unlawful for any person, firm or corporation to promote or hold any professional boxing match without having first obtained a state license from the Commission or to continue to promote or to hold such match without valid, current state and required local licenses covering such match.

Section 5. As used in this act, anyone acting as a match maker, an agent of a match maker and those having a direct financial interest in the gross or net receipts from the boxing match who have worked actively to encourage interest in the match or to arrange for presenta tion thereof shall be deemed to be promoters.

Section 6. Violations of this Act shall be punished as for a mis demeanor.

Section 7. All laws and parts of law in conflict with this Act are hereby repealed.

An amendment, offered by Mr. Davis of the 86th, was read and ruled out of order by the Speaker Pro Tern.

An amendment, offered by Mr. Geisinger of the 72nd, was read and with drawn by unanimous consent.

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

WEDNESDAY, FEBRUARY 2, 1972

1125

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. M. Barfield Battle Black
Bohannon Brantley, H. L. Carr Carter Chance Clements Collier Collins, M. Conger Dailey Dixon Dorminy Egan Floyd, L. R. Gignilliat

Grahl Grantham Griffin Groover Hudson, C. M. Hudson, Ted Isenberg Johnson Jones, Herb Keyton Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Longino Miles Mulherin Nessmith

Noble Oxford Patterson Potts Rainey Roach Rush Russell, H. P. Russell, W. B. Salem Savage Shanahan Smith, V. T. Stephens Strickland
Toles Triplett Wheeler, Bobby Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

Alexander, W. H. Bond Bray Brown, B. D. Brown, S. P. Burruss Busbee Chappell Cole Colwell Davis, E. T. Dean, Gib Dean, J. E. Dean, N. Dent Drury Evans

Farrar Gary Gaynor Geisinger Ham Hamilton Harris Hawes Howard Howell Hutchinson Jessup Larsen, W. W. Le vitas Lewis Logan Marcus

Matthews, C. Mauldin Maxwell McDonald Melton Milford Moyer Nunn Pearce Scarborough Thomason Thompson Whitmire Williams Wood, J. T. Wood, R. E.

1126

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin
Alien Atherton Bell Bennett, J. T. Bennett, Tom Berry Blackshear Bostick Bowen
Brantley, H. H. Brown, C. Buck Chandler Cheeks
Collins, S. Coney, C. D. Coney, J. L. Connell Cook Daugherty Davis, W. Edwards Ezzard Felton Floyd, J. H. Fraser Granade

Greer
Gunter Harrington Harrison Hays Hill, B. L. Hill, G. Hood Horton Housley
Jones, J. R. Jordan King Knight Knowles
Larsen, G. K. Leggett Lowrey Mason Matthews, D. R. McCracken McDaniell Merritt Miller Moore Morgan Mullinax Murphy

Northcutt
Odom Patten Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole
Reaves Ross Russell, A. B. Shepherd Sherman
Sims Smith, H. R. Smith, J. R. Snow Sorrells Sweat Townsend Tripp Turner Vaughn Wamble Ware Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 61, nays 50.

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

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.

THURSDAY, FEBRUARY 3, 1972

1127

Representative Hall, Atlanta^ Georgia Thursday, February 3, 1972

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. S. W. Middleton, Pastor, Oak Hill Baptist Church, Millen, Georgia:
Almighty God, our Father, in Thy divine wisdom grant. to this august body today Thy blessings. In all of their deliberations may Christ be magnified so that all Georgians may see Him. We feel the awesome responsibility that has been thrust upon each of these Thy servants. May Thy grace abound in their hearts as each measure comes before them, and in Thy goodness, may all Georgians become an example of democracy in action within this nation. In Christ's Name, 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.

3. Second reading of Bills and Resolutions.

; i: :;

4. Reports of Standing Committees.

5. Third reading and passage of local uncontested Bills.

6. First reading and reference of Senate Bills and Resolutions.

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JOURNAL OF THE HOUSE,

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Thursday, February 3, 1972, and submits the following:

HB 373. Mental Home Care of 111 and Aged

HB

571. Application, fungicides, herbicides

HB 1107. Auto Wrecking Company, Custody

HB 1108. Electors, change population figures, where vote

HB 1151. Motor Vehicle Liability Insurance

HB 1153. School Bus, Change Definition (postponed)

HB 1167. Master Plumber, qualify for examination

HB 1168. Banks, Checks, Drafts

HR 525-1181. Cobb 18th District, survey properties

HB 1182. Teachers' Retirement System, membership

HB 1183. Teachers' Retirement System, creditable service

HB 1184. Teachers' Retirement System, Service retirement

HB 1206. Subdivided lands, regulate sale of

HB 1262. Teachers' Retirement System, define "teacher"

HB 1293. Foreclosure Sale, Real Estate, Notice

HB 1298. Real Estate Agents, Etc., Unlawful practice

HB 1300. State Property Control, amend

HB 1308. Corporations, Amend Code Title 22

HB 1350. Public School employees, Health Insurance

HB 1394. Franchise, petroleum and gas dealers

HB 1433. Deceptive practices, publication of information

HR 628-1476. Lease Property, Cobb County

HB 1488. Reapportionment, General Assembly

HB 1496. Tenn. Valley Authority, payments to the State

HR 641-1496. State Court of Claims, create

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.

THURSDAY, FEBRUARY 3, 1972

1129

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

HB 1622. By Messrs. Ham of the 33rd, Adams of the 39th, Knowles of the 22nd and Smith of the 39th:
A Bill to be entitled an Act to amend an Act placing the District At torney of the Flint Judicial Circuit on an annual salary in lieu of the fee system, so as to create the office of Assistant District Attorney of the Flint Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1623. By Messrs. Ham of the 33rd, Adams of the 39th, Smith of the 39th and Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act authorizing the judge of the superior courts of the Flint Judicial Circuit to employ and fix the compensation of a secretary, so as to authorize the judge to employ and fix the compensation of a secretary or secretaries; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1624. By Mr. Gunter of the 6th:
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 accusations, so as to provide for accusations in certain misdemeanor cases; and for other purposes.
Referred to the Committee on Judiciary.

HB 1625. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to change the number of strikes which the accused and the State shall have in selecting juries to try misdemeanors and felonies; and for other purposes.
Referred to the Committee on Judiciary.

HB 1626. By Messrs. Gunter of the 6th, Snow of the 1st, Nunn of the 41st and Lee of the 61st:
A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to change the number of strikes which the accused and the State shall have in selecting juries to try felonies; and for other purposes.
Referred to the Committee on Judiciary.

1130

JOURNAL OF THE HOUSE,

HB 1627. By Messrs. Gunter of the 6th and Lee of the 61st:
A Bill to be entitled an Act to amend Code Section 27-905, relating to procedures to forfeit recognizances, so as to provide that the bond or recognizance given by a person charged with a penal offense may be forfeited on the day set for the appearance, if a jury has been sum moned for service in such court on such day; and for other purposes.
Referred to the Committee on Judiciary.

HR 697-1627. By Messrs. Gunter of the 6th, Hawes of the 95th and Nunn of the 41st:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may prescribe any number of jurors, not less than five, to constitute a trial or traverse jury in any court in this State; and for other purposes.
Referred to the Committee on Judiciary.

HR 698-1627. By Mr. Gunter of the 6th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for the trial of civil cases before the judge sitting without a jury in any superior court or other court created by an Act of the General Assembly, if the amount in controversy is less than $1,000; and for other purposes.
Referred to the Committee on Judiciary.

HR 699-1627. By Mr. Russell of the 14th:
A Resolution designating the Lake at Fort Yargo State Park as the "C. 0. Maddox, Sr. Lake"; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1628. By Mr. Roach of the 10th:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Canton, so as to authorize the governing authority of said City to close certain streets; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1629. By Messrs. Farrar of the 77th, Wheeler of the 57th, Cole of the 3rd, Davis of the 86th, Davis of the 75th, Moore of the 6th, Ware of the 30th and others:
A Bill to be entitled an Act to amend an Act providing that school bus drivers in the public schools shall be entitled to sick leave, so as to pro-

THURSDAY, FEBRUARY 3, 1972

1131

vide that up to a maximum of 3 days accumulated sick leave may be used by any school bus driver; and for other purposes.
Referred to the Committee on Education.

HB 1630. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Carroll County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1631. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Carroll County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1632. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Carroll County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1633. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act establishing a City Court of Carrollton (now State Court), so as to change the compensation of the judge; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1634. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Carroll County, so as to change the compensation of said commissioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

1132

JOURNAL OF THE HOUSE,

HB 1635. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Carroll County, known as the fee system; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 700-1635. By Messrs. Dent of the 79th, Miles of the 78th, Smith of the 80th, Mulherin of the 78th and Sherman of the 80th:
A Resolution compensating Mrs. Betty Jane Azar; and for other purposes.
Referred to the Committee on Appropriations.

HR 701-1635. By Messrs. Cheeks of the 78th, Keyton of the 70th, McCracken of the 36th, Miles of the 78th, Bray of the 31st, Ham of the 33rd, Northcutt of the 21st, Hays of the 1st, Mullinax of the 30th and others:
A Resolution proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly; and for other purposes.
Referred to the Committee on State of Republic.

HB 1636. By Messrs. Salem of the 51st, Leggett of the 67th, Gunter of the 6th, Black of the 45th, Grantham of the 55th, Collins of the 62nd and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the minimum foundation program of education for each local unit of ad ministration shall be paid entirely from state funds; and for other purposes.
Referred to the Committee on Education.

HB 1637. By Messrs. Coney of the 82nd, Miller of the 83rd, Brown of the 81st, Pinkston of the 81st, Greer of the 95th and Wood of the llth:
A Bill to be entitled an Act to amend Code Section 56-801A, relating to definitions relative to agents and counselors for life, accident and sickness insurance, so as to change the definition of the term "agent"; and for other purposes.
Referred to the Committee on Insurance.

HB 1638. By Messrs. Coney of the 82nd, Miller of the 83rd, Brown of the 81st, Greer of the 95th and Wood of the llth:
A Bill to be entitled an Act to amend Code Section 56-1703, relating to

THURSDAY, FEBRUARY 3, 1972

1133

corporations, insurance companies and bonds or deposits required, so as to provide that the fee and tax provisions of Code Chapter 56-13 shall be applicable to hospital service non-profit corporations organized and operated under Chapter 56-17; and for other purposes.
Referred to the Committee on Insurance.

HB 1639. By Messrs. Atherton, Burruss, Housley, Wilson, McDaniell and Kreeger of the 117th:
A Bill to be entitled an Act to amend the Act of the General Assembly known as the "Georgia Health Code", so as to provide a new definition for "Hospital Authority" and inserting a new section between Sections 88-1803 and 88-1803.1 creating an additional Hospital Authority in cer tain counties; and for other purposes.
Referred to the Committee on State Planning and Community Affairs.

HR 703-1639. By Messrs. Bostick and Patten of the 63rd:
A Resolution proposing an amendment to the Constitution so as to create the office of purchasing agent for the City of Tifton and Tift County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1640. By Messrs. Adams of the 100th, Lane of the 101st, Sims of the 106th, Longino of the 98th, Horton of the 95th, Marcus of the 105th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor General, so as to provide that the compensation of assistant district attorneys shall be fixed by the district attorney within specified limits; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 1641. By Messrs. Adams of the 100th, Sims of the 106th, Longino of the 98th, Horton of the 95th, Larsen of the 113th, Marcus of the 105th, Alexander of the 96th and others:
A Bill to be entitled an Act to provide that certain counties shall have the right to impose additional taxes upon the sale of alcoholic beverages; and for other purposes.
Referred to the Committee on Temperance.

1134

JOURNAL OF THE HOUSE,

HB 1642. By Messrs. Farrar of the 77th and Wheeler of the 57th:
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 initial and midterm adjustments of allotments; and for other purposes.
Referred to the Committee on Education.

HB 1643. By Messrs. Housley, Kreeger, McDaniell, Atherton and Wilson of the 117th:
A Bill to be entitled an Act to provide for the distribution and allocation of the proceeds derived from the taxes and licenses levied and collected by Cobb County pursuant to the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 704-1643. By Mr. Dean of the 19th: A Resolution compensating Cedartown-Atlanta Freight Lines, Inc.; and for other purposes.
Referred to the Committee on Appropriations.
HR 705-1643. By Mr. Dean of the 19th: A Resolution compensating Cedartown-Atlanta Freight Lines, Inc.; and for other purposes.
Referred to the Committee on Appropriations.
HR 706-1643. By Mr. Dean of the 19th: A Resolution compensating Mr. Dwain Shifflett; and for other purpose;:-.
Referred to the Committee on Appropriations.
HR 707-1643. By Mr. Dean of the 19th: A Resolution compensating Mr. Jerry Adair; and for other purposes.
Referred to the Committee on Appropriations.
HR 708-1643. By Messrs. Levitas and Farrar of the 77th, Davis and Granade of the 75th, Bell of the 73rd, Russell of the 77th, Dean of the 76th, Vaughn of the 74th, Floyd of the 75th, Jordan of the 74th and Wood of the 75th: A Resolution proposing an amendment to the Constitution so as to

THURSDAY, FEBRUARY 3, 1972

1135

authorize DeKalb County to create subordinate service areas in the county in which one or more governmental services or additions to the countywide services may be provided by the county and to levy taxes as may be necessary to provide services or additions; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1644. By Messrs. Lane of the 101st, Sims of the 106th, Longino of the 98th, Horton of the 95th, Marcus of the 105th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the city of Hapeville, so as to provide authority for Mayor and Council under certain conditions to forego assessment for such paving of streets and sidewalks; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1645. By Messrs. Lane of the 101st, Bond of the lllth, Hood of the 99th, Sims of the 106th, Stephens of the 103rd, Ezzard of the 102nd, Savage of the 104th, Brantley of the 114th, Larsen of the 113th and others:
A Bill to be entitled an Act to provide for homestead exemption of $5,000 for each resident of Fulton County on his home which he owns and which he occupies as a residence and homestead; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1646. By Messrs. Lane of the 101st, Hawes, Horton and Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to incor porate the City of Hapeville", so as to provide for a recorder pro tern, to serve in the absence of the mayor or recorder; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 709-1646. By Messrs. Lane of the 101st, Adams of the 100th, Savage of the 104th, Shepherd of the 107th, Hood of the 99th, Stephens of the 103rd, Farrar of the 77th, Brantley of the 114th, Ezzard of the 102nd and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a homestead exemption up to $5,000 for each resident of Fulton County on his home which

1136

JOURNAL OF THE HOUSE,

he owns and which he actually occupies as a residence and homestead; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1647. By Mr. Greer of the 95th:
A Bill to be entitled an Act to fix the salary of the Solicitor-General of the Criminal Court of Fulton County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 710-1647. By Messrs. Cook of the 95th, Lee of the 61st, Lambert of the 25th, Bennett of the 81st, Farrar of the 77th, Matthews of the 16th, Larsen of the 113th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide the procedures whereby certain counties shall have but one govern ing authority to assume, administer and discharge the obligations, duties, rights, responsibilities, and affairs of each county and all municipalities located therein; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1648. By Mr. Russell of the 14th:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Barrow County into the office of Tax Commissioner of Barrow County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 1649. By Messrs. Toles, Lowrey and Adams of the 9th:
A Bill to be entitled an Act to amend an Act providing a health in surance plan for State employees, so as to provide that certain tax commissioners, tax collectors, tax receivers and employees of such officers may participate in the State Health Insurance Plan; and for other purposes.
Referred to the Committee on Insurance.

HR 711-1649. By Ross of the 26th: A Resolution compensating Mr. John M. King; and for other purposes.
Referred to the Committee on Appropriations.

THURSDAY, FEBRUARY 3, 1972

1137

HR 712-1649. By Mr. Ross of the 26th: A Resolution compensating Mr. Ollie Taylor; and for other purposes.
Referred to the Committee on Appropriations.

HR 713-1649. By Mr. Ross of the 26th:
A Resolution compensating Mrs. Louie Lunceford; and for other purposes.
Referred to the Committee on Appropriations.

HR 714-1649. By Mr. Ross of the 26th: A Resolution compensating Mr. P. H. Dawkins; and for other purposes.
Referred to the Committee on Appropriations.

HR 715-1649. By Messrs. Dean of the 19th and Kreeger of the 117th:
A Resolution compensating Mrs. Vylee F. Chandler; and for other purposes.
Referred to the Committee on Appropriations.

HB 1650. By Messrs. Burruss and Atherton of the 117th:
A Bill to be entitled an Act to create a Board of Natural Resources; to to provide for membership of said Board; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1651. By Mr. Wamble of the 69th: A Bill to be entitled an Act to provide that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1662. By Messrs. Groover of the 27th and Collier of the 54th: A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to provide that the Public Service Commission may receive certain evidence in its discretion; and for other purposes.
Referred to the Committee on Industry.

1138

JOURNAL OF THE HOUSE,

HB 1653. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to provide for the election of the Board of Education of Jeff Davis County; to provide for residence requirements; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1654. By Mr. Lee of the 61st:
A Bill to be entitled an Act creating the State Board of Pardons and Paroles, so as to repeal that portion of the Act which provides that the Board may employ expert assistance in specific cases; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 717-1654. By Mr. Lee of the 61st:
A Resolution proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall be composed of not less than three or more than five members; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1655. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Alexander of the 96th and Horton of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change the corporate limits; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1656. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend the "Georgia Surface Mining Act of 1968", so as to provide for the Director of the Division of Envi ronmental Protection to issue orders, conduct hearings and institute and prosecute court actions as may be necessary to enforce compliance of the provisions of this Act; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1657. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend the Coastal Marshlands Protec tion Act of 1970, so as to provide for the Department of Natural Re sources to issue orders, conduct hearings and institute and prosecute

THURSDAY, FEBRUARY 3, 1972

1139

court actions as necessary to enforce compliance of the provisions of this Act; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1658. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend the "Georgia Surface Mining Act of 1968", so as to provide a new definition of "surface mining"; to pro vide a new definition of "mining operator"; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1659. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to provide that the hearings therein provided for shall be governed by the provisions of the Georgia Administrative Procedure Act, as amended, to provide for judicial review of any final order of the Division of Environmental Protection of the Department of Natural Resources; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1660. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to empower the Director of the Division of En vironmental Protection of the Department of Natural Resources to re quire persons engaged in operations which may result in air pollution to install, maintain and use emission monitoring devices; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1661. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to make it unlawful to emit into the atmosphere any air contaminant or contaminants which cause a condition of air pollution; and for other purposes.
Referred to the Committee on Natural Resources.
HB 1662. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide that any order issued by the Division of Environmental Protection of the Department of Natural Resources under this Act shall become final unless a hearing is re-

1140

JOURNAL OF THE HOUSE,

quested before the Director no later than 30 days after such order is served; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1663. By Mr. Wheeler of the 18th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide for civil penalties for the violation of any provision of this Act, or any final or emergency order of the Division of Environmental Protection of the Department of Natural Resources; and for other purposes.
Referred to the Committee on Natural Resources.

HB 1664. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend Section 92-3108 of the Code of Georgia defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meanings in the U. S. Internal Revenue Code of 1954 in force and effect on January 1, 1972; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1665. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend Section 3 of the Current Income Tax Payment Act of 1960, to change the amount of wages subject to withholding; and for other purposes.
Referred to the Committee on Ways and Means.

HR 718-1665. By Mr. Melton of the 32nd: A Resolution compensating Mr. Charles G. Pitts; and for other purposes.
Referred to the Committee on Appropriations.

HR 719-1669. By Mr. Bell of the 73rd: A Resolution compensating Mr. Alan Twiggs Merritt, III; and for other purposes.
Referred to the Committee on Appropriations.
By unanimous consent, the rules were suspended in order that the following Bill of the House might be introduced, read the first time and referred to the Committee on Rules:

THURSDAY, FEBRUARY 3, 1972

1141

HB 1689. By Messrs. Smith of the 43rd, Busbee of the 61st, Murphy of the 19th, Floyd of the 7th, Harris of the 10th, Lane of the 44th and Nessmith of the 44th:
A Bill to be entitled an Act to provide a procedure by which a budget unit may seek to have appropriated funds provided to such unit if the Budget Bureau has failed or refused to provide such funds; to create a committee to carry out such procedure; and for other purposes.

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

HB 1574. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to amend the Charter of the City of Griffin by deleting from Section 5.6 "Punitive Powers" the words and figures "seven hundred fifty dollars" and "ten months" wherever the same appear and substituting in lieu thereof the words and figures "five hundred dollars" and "six months"; and for other purposes.

HB 1575. By Mr. Melton of the 32nd:
A Bill to be entitled an Act to amend the Charter of the City of Griffin, so as to add a new sentence establishing the date on which newly elected Commissioners take office; and for other purposes.

HR 672-1575. By Mr. Colwell of the 5th: A Resolution compensating Mr. Charles F. Trammell; and for other purposes.
HB 1576. By Mr. Hudson of the 48th: A Bill to be entitled an Act to amend an Act creating the State Board of Nursing Homes, so as to authorize the Board to adopt rules and regulations; and for other purposes.
HB 1577. By Messrs. Gignilliat of the 89th, Battle of the 90th, Alien of the 92nd, Jones of the 87th, Gaynor of the 88th, Triplett of the 93rd, Hill of the 94th and Blackshear of the 91st: A Bill to be entitled an Act to amend and revise an Act implementing the provisions of Article V, now known as the Savannah Port Authority, so as to confirm the powers heretofore granted said Authority and grant it additional powers; and for other purposes.

1142

JOURNAL OF THE HOUSE,

HB 1578. By Messrs. Collins of the 62nd, Matthews of the 63rd and Reaves'of the 71st:
A Bill to be entitled an Act to amend Code Section 92-5703, relating to the levy of ad valorem taxes, so as to change the provisions relative to the assessment of property at a percentage of its fair market value; and for other purposes.

HB 1579. By Messrs. Davis, Granade and Wood of the 75th, Savage of the 104th, Noble of the 73rd and Collins of the 72nd: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change the corporate limits of the city; and for other purposes.
HB 1580. By Messrs. Cheeks, Miles, and Mulherin of the 78th, Dent of the 79th, Connell of the 79th and Sherman of the 80th: A Bill to be entitled an Act to amend an Act providing a charter for the City of Augusta, so as to change the date of the general election in said city; and for other purposes.
HB 1581. By Mr. Rush of the 51st: A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and consolidating the laws relating to the State Board of Corrections and to prisons, public works camps and prisoners, so as to authorize the Board of Corrections to pay to any qualified county the costs incurred by the county for the trial of indigents; and for other purposes.
HB 1582. By Messrs. Matthews and Logan of the 16th: A Bill to be entitled an Act to amend an Act entitled "An Act to amend the Charter of the Town of Athens", so as to change the name to the City of Athens and to empower the Mayor and Council of said City with the right of eminent domain; and for other purposes.
HB 1583. By Messrs. Matthews and Logan of the 16th: A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens", so as to change the name to the City of Athens and for the incorporation of said City under the name and style of "The Mayor and Council of the City of Athens"; and for other purposes.
HB 1584. By Messrs. Adams of the 100th, Townsend of the 115th, Lane of the 101st, Longino of the 98th and others: A Bill to be entitled an Act to amend Georgia Title 34A, the Georgia

THURSDAY, FEBRUARY 3, 1972

1143

Municipal Election Code, so as to provide that in certain counties the governing authority of any municipality lying wholly or partially within such county may authorize the governing authority of any county in which such municipality lies to conduct any election; and for other purposes.

HB 1585. By Messrs. Adams of the 100th, Townsend of the 115th, Lane of the 101st, Horton of the 95th and others:
A Bill to be entitled an Act to amend Code Section 36-606, so as to provide that certain counties shall acquire a fee simple title to prop erty condemned upon payment of the condemnation money; and for other purposes.

HR 674-1585. By Messrs. Moore and Gunter of the 6th:
A Resolution authorizing the lease of a certain tract of State-owned property located in Stephens County; and for other purposes.

HR 675-1585. By Messrs. Russell and Keyton of the 70th:
A Resolution compensating Mr. Howard S. Hopper; and for other purposes.

HR 676-1585. By Messrs. Russell and Keyton of the 70th: A Resolution compensating Mr. John B. Hughes; and for other purposes.
HR 677-1585. By Messrs. Russell and Keyton of the 70th: A Resolution compensating Mr. Herman L. White; and for other pur poses.
HR 678-1585. By Mr. Brown of the 32nd: A Resolution proposing an amendment to the Constitution so as to provide the State shall grant scholarships to children of servicemen who are residents of this State and who are reported as missing in action or as a prisoner of the enemy, at any time since the beginning of the Viet Nam War; and for other purposes.
HR 679-1585. By Messrs. Chappell and Larsen of the 42nd: A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Laurens County to issue general obligation bonds for the purpose of establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.

1144

JOURNAL OF THE HOUSE,

HR 680-1585. By Mr. Bell of the 73rd: A Resolution compensating Mr. Harvey Pace; and for other purposes.

HR 681-1585. By Mr. Collins of the 62nd:
A Resolution authorizing the lease of certain real property located in the City of Pelham; and for other purposes.

HR 682-1585. By Messrs. Davis, Wood and Granade of the 75th, Russell and Farrar of the 77th and Bell of the 73rd:
A Resolution proposing an amendment to Article VII of the Constitution, so as to authorize DeKalb County to issue bonds for lawful public purposes other than school purposes without a referendum election under certain conditions; and for other purposes.

HR 683-1585. By Mr. Dean of the 13th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Gwinnett County to provide for a system of control of dogs and cats within said county; ad for other purposes.

HR 684-1585. By Mr. Dean of the 13th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Commissioners of Gwinnett County to provide systems of garbage disposal; to acquire and operate sanitary landfills; and for other purposes.

HR 685-1585. By Messrs. Gignilliat of the 89th, Battle of the 90th, Alien of the 92nd, Jones of the 87th, Triplett of the 93rd, Gaynor of the 88th and others:
A Resolution proposing an amendment to the Constitution so as to recognize the acquisition, construction, improvement or modification of any property used as air or water pollution control facilities within the territorial limits and the purposes of said Authority; and for other purposes.

HR 686-1585. By Mr. Adams of the 100th, Townsend of the 115th, Lane of the 101st, Longino of the 98th, Horton of the 95th, Stephens of the 103rd and others:
A Resolution proposing an amendment to Article XI, Section I, Para graph I of the Constitution of Georgia so as to authorize Fulton County to construct, maintain and operate a system of public libraries through out said county and the corporate limits of any city located wholly or

THURSDAY, FEBRUARY 3, 1972

1145

partially within said county, and to levy a tax throughout said county for the support of the same; and for other purposes.

HR 687-1585. By Messrs. Adams of the 100th, Townsend of the 115th, Lane of the 101st, Longino of the 98th, Horton of the 95th, Stephens of the 103rd and others:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Pulton County to maintain and operate facilities within or without the boundaries of said county for the detention, incarceration or confinement of all persons (including juveniles) subject to detention, incarceration or confinement under the laws of this State, under any county resolution or under any city ordinance; and for other purposes.

HR 688-1585. By Messrs. Adams of the 100th, Alexander of the 96th, Hill of the 97th, Larsen of the 113th, Marcus of the 105th, Hawes of the 95th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a homestead exemption for each resident of Atlanta of $5,000 on his home which he owns and actually occupies as a residence and homestead; and for other purposes.
HB 1586. By Mr. Ployd of the 7th:
A Bill to be entitled an Act to amend an Act consolidating all of the laws chartering the City of Summerville, so as to close all that tract of land lying in Land Lot No. 57 in the 6th District and 4th Section of Chattooga County known as Selman Way; and for other purposes.

HB 1587. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to provide a uniform alternate appeal pro cedure for appeals from municipal Mayors or Recorders Courts to the State Courts or Superior Courts, in those counties not having State Courts; and for other purposes.

HB 1588. By Messrs. Hawes of the 95th, Snow of the 1st, Roach of the 10th, Gunter of the 6th, Nunn of the 41st and Lee of the 61st:
A Bill to be entitled an Act to amend Code Section 59-801, relating to panels of jurors, in felony trials, so as to change the provisions relative to jury panels in felony trials; and for other purposes.

HR 689-1588. By Messrs. Gunter and Moore of the 6th:
A Resolution compensating Mr. Robert L. Lawson; and for other purposes.

1146

JOURNAL OP THE HOUSE,

HB 1589. By Messrs. Smith of the 80th, Cheeks of the 78th, Dent of the 79th, Sherman of the 80th, Mulherin of the 78th and Miles of the 78th:
A Bill to be entitled an Act to provide benefits for certain veterans to attend State-supported colleges or universities; and for other pur poses.

HB 1590. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Clarke County into the office of the tax commis sioner of Clarke County; and for other purposes.

HB 1591. By Messrs. Matthews of the 16th, Bell of the 73rd, Wood of the 75th, Bohannon of the 20th, King of the 86th, Ross of the 26th, Connell of the 79th and others:
A Bill to be entitled an Act to amend Code Section 84-906, relating to the prohibition against the practice of medicine without a license and exceptions thereto, so as to provide an exception for physician's assist ants ; and for other purposes.

HB 1592. By Messrs. Matthews of the 16th, Bell of the 73rd, Wood of the 75th, Bohannon of the 20th, King of the 86th, Ross of the 26th, Connell of the 79th and others:
A Bill to be entitled an Act to provide for physicians' assistants; and for other purposes.

HB 1593. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act creating the offices of the State Highway Board, Chairman of the State Highway Board, and Treasurer of the State Highway Department, so as to delete the pro vision that no State Highway funds shall be expended on roads or bridges in municipalities unless such roads are a part of the State Highway System or are a part of the urban, primary or secondary Federal-aid system or are a part of a county road system which is maintained by the county and extends from within the limits of the municipality concerned out into the county itself; and for other purposes.

HB 1594. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to authorize the State Highway Department to comply with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, 91st Congress of the United States, approved January 2, 1971, to provide for the promulgation of rules; to authorize the Highway Department to determine amounts to be paid as financial assistance; and for other purposes.

THURSDAY, FEBRUARY 3, 1972

1147

HB 1595. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act relating to negotiation of contracts by the State Highway Department to provide for subletting of contracts between the Department of Transportation and counties or incorporated municipalities; and for other purposes.

HB 1596. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to provide for a referendum by which a majority of the qualified voters of Lowndes County voting in said referendum can place the Ordinary upon an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 1597. By Messrs. Bennett, Reaves and Barfield of the 71st:
A Bill to be entitled an Act to provide for a referendum by which a majority of the qualified voters of Lowndes County voting in said referendum can place the Tax Commissioner upon an annual salary in lieu of the fee system of compensation; and for other purposes.

HB 1598. By Messrs. Bennett, Reaves and Barfield of the 71st:
A Bill to be entitled an Act to provide for a referendum by which a majority of the qualified voters of Lowndes County voting in said referendum can place the clerk of the Superior Court upon an annual salary in lieu of the fee system of compensation; and for other purposes.

HR 690-1598. By Messrs. Atherton, McDaniell, Housley, Kreeger, Wilson and Burruss of the 117th:
A Resolution proposing an amendment to the Constitution so as to authorize and direct the governing authority of the City of Hiram to legalize and control the sale of alcoholic beverages and liquors within said City upon the petition of 35 percent or more of the voters of said City; and for other purposes.

HB 1599. By Messrs. Mullinax of the 30th, Battle of the 90th, Hudson of the 48th, Reaves of the 71st and Patterson of the 20th:
A Bill to be entitled an Act to provide for occupational safety and health; and for other purposes.

HB 1600. By Messrs. Mullinax of the 30th, Battle of the 90th, Hudson of the 48th, Reaves of the 71st and Patterson of the 20th:
A Bill to be entitled an Act to amend Code Section 88-111, relating to the administration of funds of the Department of Public Health, so as to delete certain provisions relating to the conducting of programs

1148

JOURNAL OF THE HOUSE,

of industrial hygiene, control of ionizing and radiation, and occupa tional health; and for other purposes.

HB 1601. By Mr. Chappell of the 42nd:
A Bill to be entitled an Act to authorize the Board of Commissioners of any county by appropriate resolution to offer a bounty for the destruction of certain animals; and for other purposes.

HB 1602. By Mr. Adams of the 100th:
A Bill to be entitled an Act authorizing the State Personnel Board to provide a Health Insurance Plan for employees of the State of Georgia, so as to authorize the State Personnel Board to contract with various counties for the inclusion within any Health Insurance Plan of the employees of said county; and for other purposes.

HB 1603. By Mr. Wheeler of the 57th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners for Bacon County, so as to provide for a change in the compensation of the Chairman and other members of the Board under certain conditions; and for other purposes.
HB 1604. By Mr. Wheeler of the 57th: A Bill to be entitled an Act to amend an Act placing the Sheriff of Bacon County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relative to feeding pri soners; and for other purposes.
HB 1605. By Messrs. Nunn and Moyer of the 41st: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Houston County upon an annual salary, so as to change the compensation of said officer; and for other purposes.
HB 1606. By Messrs. Nunn and Moyer of the 41st: A Bill to be entitled an Act to amend an Act placing the sheriff of Houston County upon an annual salary, so as to change the compensa tion of said officer; and for other purposes.
HB 1607. By Messrs. Nunn and Moyer of the 41st: A Bill to be entitled an Act to amend an Act placing the Ordinary of Houston County upon an annual salary, so as to change the compensa tion of said officer; and for other purposes.

THURSDAY, FEBRUARY 3, 1972

1149

HB 1608. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the tax com missioner of Houston County upon an annual salary, so as to change the compensation of said officer; and for other purposes.

HB 1609. By Messrs. Hill of the 94th, Gaynor of the 88th, Battle of the 90th, Gignilliat of the 89th, Triplett of the 93rd and Blackshear of the 91st:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", so as to provide for additional commissioners for the housing authorities of certain cities; and for other purposes.
HB 1610. By Mr. Ham of the 33rd: A Bill to be entitled an Act to amend an Act placing the Ordinary of Butts County upon an annual salary, so as to change the compensa tion of the Ordinary of Butts County; and for other purposes.

HB 1611. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act placing the treasurer of Butts County upon an annual salary, so as to change the compensation of the treasurer; and for other purposes.

HB 1612. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act changing the compensa tion of the tax collector of Butts County from the fee system to a system whereby such tax collector shall be entitled to certain com missions and a salary, so as to change the compensation provisions relating to clerical personnel of the tax collector; and for other pur poses.

HB 1613. By Messrs. Kreeger, Howard, Wilson, Housley, Atherton and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Smyrna, so as to increase the corporate limits; to change the compensation of the Mayor and Council; and for other purposes.

HB 1614. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, Atherton and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Paulding County, so as to change the compensa tion of the tax commissioner; and for other purposes.

1150

JOURNAL OF THE HOUSE,

HB 1615. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, Atherton and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating- the office of commissioner of Paulding County, so as to change the compensation of the commissioner; and for other purposes.

HB 1616. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, Atherton and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff, the ordinary and the coroner of Paulding County on a salary basis in lieu of a fee system, so as to change the compensation of the said officers; and for other purposes.

HR 691-1616. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, and McDaniell of the 117th:
A Resolution proposing an amendment to the Constitution so as to provide that the Mayor and Council of the City of Smyrna shall be authorized to exempt certain property from ad valorem taxation; and for other purposes.

HR 692-1616. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, Atherton and McDaniell of the 117th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire pro tection districts within the bounds of said county and levy taxes or special assessments therefor within such districts under certain condi tions and requirements; and for other purposes.

HR 693-1616. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, and McDaniell of the 117th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to empower the governing authority of Paulding County to enact ordinances for policing and governing said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of such ordinances; and for other purposes.

HR 694-1616. By Messrs. Collins of the 72nd, Davis of the 75th, Collins of the 62nd, Lane of the 44th, Mauldin of the 12th, Nessmith of the 44th, Harris of the 10th. Ployd of the 75th, Geisinger of the 72nd and Collier of the 54th:
A Resolution creating the Educational Voucher System Study Com mittee ;. and for other purposes.

THURSDAY, FEBRUARY 3, 1972

1151

HR 695-1616. By Mr. Ham of the 33rd: A Resolution compensating Butts County; and for other purposes.

HB 1617. By Messrs. Geisinger of the 72nd, Ross of the 26th, Floyd of the 75th, Shanahan of the 8th and Collins of the 72nd:
A Bill to be entitled an Act to provide that all arrest warrants, bench warrants and search warrants issued in this State shall be numbered; to provide for the printing and distribution of such warrants; and for other purposes.

HB 1618. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act placing the Ordinary and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, so as to change the provisions relative to clerical help; and for other purposes.

HB 1619. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Ringgold, so as to authorize the City to operate and maintain outside its corporate limits, facilities for the development, storage, treatment, purification and distribution of water; and for other purposes.

HB 1620. By Messrs. Ham of the 33rd, Nunn of the 41st and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act implementing the require ments of the Federal Intergovernmental Cooperation Act of 1968, so as to change the provisions relative to the selection of representatives on Area Planning and Development Commissions; and for other pur poses.

HB 1621. By Messrs. Cook and Hawes of the 95th:
A Bill to be entitled an Act to amend an Act providing for the annexation of certain areas by municipalities upon the petition of certain landowners and electors, so as to provide if there are no resident electors in the area proposed to be annexed, the application of the landowners of not less than 60% of the land area shall be sufficient; and for other purposes.

HR 696-1621. By Mr. Greer of the 95th:
A Resolution compensating Mr. Wingrave G. Morrison; and for other purposes.

1152

JOURNAL OF THE HOUSE,

SB 452. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend an Act entitled the "Uniform Act Regulating Traffic on Highways", so as to provide that any person who shall be requested or required to submit to a chemical breath analysis shall have the right to have a witness present prior to and during the administration and analysis of such test; and for other purposes.

SB 398. By Senators Kennedy of the 4th, Chapman of the 32nd, Lester of the 23rd and Stephens of the 36th:
A Bill to be entitled an Act to enact the Interstate Corrections Com pact; to provide for the purpose and policy of said Compact; and for other purposes.

SB 462. By Senators Zipperer of the 3rd, Kidd of the 25th, Riley of the 1st, and others:
A Bill to be entitled an Act to authorize county, city and independent Boards of Education to permit the use of school buses for athletic events and other school activities; and for other purposes.

SR 246. By Senators Kidd of the 25th, McDuffie of the 19th, Kennedy of the 4th and Zipperer of the 3rd:
A Resolution directing the State Department of Education to deter mine the number of buses and bus seats per bus being used in each school district and the number of children riding in said buses in order to ascertain whether or not the said school districts are requiring school children to ride in overcrowded buses; and for other purposes.

SR 253. By Senator Kidd of the 25th:
A Resolution authorizing and directing the State Board of Education to permit each person who is incarcerated to apply for and take the General Education Development Test and if the test is successfully passed, to issue the person a high school equivalency diploma even though he is ineligible to vote, is below age 20 or his high school class has not yet graduated; and for other purposes.

Mr. Gaynor of the 88th District, Chairman of the Committee on Banks & Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks & Banking has had under consideration the fol-

THURSDAY, FEBRUARY 3, 1972

1153

lowing Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1150. Do Pass, as Amended. HB 1383. Do Pass, as Amended. HB 1125. Do Pass, by Substitute. HB 1319. Do Pass, by Substitute. SB 179. Do Pass, by Substitute.

Respectfully submitted, Gaynor of 88th, Chairman.

Mr. Pickard of the 84th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1114. Do Pass, by Substitute. HB 1212. Do Not Pass. SB 445. Do Pass. SB 446. Do Pass. SB 447. Do Pass.
Respectfully submitted, Pickard of 84th, Chairman.

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 Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 511-1121. Do Pass, by Substitute.
Respectfully submitted, McCracken of the 36th, Chairman.

1154

JOURNAL OF THE HOUSE,

Mr. Snow of the 1st District, Chairman of the Committee on Judiciary, sub mitted the following report:

Mr. Speaker:

Your Committee on Judiciary has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1393. Do Pass. HB 1588. Do Pass. HB 1627. Do Pass. HR 698-1627. 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:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the fol lowing Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 685-1585. 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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1495. Do Pass. Respectfully submitted, Lambert of the 25th, Vice-Chairman.

THURSDAY, FEBRUARY 3, 1972

1155

Mr. Roach of the 10th District, Chairman of the Committee on Special Ju diciary, submitted the following report:

Mr. Speaker:

Your Committee on Special Judiciary has had under consideration the follow ing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1335. Do Pass.
Respectfully submitted, Roach of the 10th, 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 Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:

HR 527-1188. Do Pass.

HB 1124. No Recommendation.

HB 1126. Do Pass.

HB 1137. Do Not Pass.

HR 611-1427. Do Pass, as Amended.

SB

11. Do Pass.

Respectfully submitted, Brown of the 81st, Acting Secretary.

Mr. Howell of the 60th District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the fol lowing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 487. Do Pass, by Substitute. Respectfully submitted, Howell of the 60th, Chairman.

1156

JOURNAL OF THE HOUSE,

Mr. 'Levitas Of the 77th District, Chairman of the Committee on. State Plan ning and Community Affairs, submitted the following report:

Mr. Speaker:

Your' Committee on State Planning and Community Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 671-1571. Do Pass.
HB 1359. Do Pass.
HB 1507. Do Pass.
HB 1522. Do Pass.
HB 1526. Do Pass. HB 1527. Do Pass. HB 1528, Do Pass. HB 1529. Do Pass. HB 1530. Do Pass. HB 1531. Do Pass. HB 1533. Do Pass. HB 1534. Do Pass. HB 1539. Do Pass. HB 1540. Do Pass. HB 1541. Do Pass. HB 1542. Do Pass. HB 1543. Do Pass. HB 1544. Do-Pass. HB 1547. Do Pass. HB 1548. Do Pass. HB 1555. Do Pass. HB 1563. Do Pass. HB 1565. Do Pass. HB 1566. Do Pass. HB 1567. Do Pass.

THURSDAY, FEBRUARY 3, 1972

1157

HB 1568. Do Pass. HB 1569. Do Pass, HB 1570. Do Pass. HB 1571. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman.

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

HB 1359. By Messrs. Parrar, Thomason, Levitas and Russell of the 77th and others:
A Bill to be entitled an Act to provide for a supplement to the compen sation, expenses and allowances of the judges of the superior court of the Stone Mountain 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 1335. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit; to provide for the powers, duties and responsibilities of the District Attorney's investigators; and for other purposes.

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

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

.s

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

1158

JOURNAL OF THE HOUSE,

HB 1507. By Messrs. Miles and Mulherin of the 78th, Dent of the 79th and others:
A Bill to be entitled an Act to provide additional compensation for cer tain employees of certain counties whose compensation is fixed by the General Assembly; and for other purposes.

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

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

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

HB 1522. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act incorporating the City of Clayton, as amended, so as to change the method of electing the Mayor and Councilmen of the City of Clayton; and for other purposes.

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

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

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

HB 1526. By Mr. Grantham of the 55th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Coffee 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.

THURSDAY, FEBRUARY 3, 1972

1159,

HB 1527. By Mr. Grantham of the 55th:
A Bill to be entitled an Act to amend an Act creating the Douglas-Coffee County Industrial Authority, so as to give the said industrial authority the power of eminent domain; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1528. By Mr. Dailey of the 53rd:
A Bill to be entitled an Act to amend an Act placing the ordinary of Randolph County on a salary basis in lieu of a fee basis of compensation, as amended, so as to change the provisions relative to the allowance for clerical help; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1529. By Mr. Dailey of the 53rd: A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating the clerk of the superior court of Randolph County and providing in lieu thereof an annual salary, as amended, so as to change the provisions relative to the compensation of the deputy clerk or clerical assistants; and for other purposes.

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

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

;

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

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HB 1530. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Washington, as amended, so as to change the date of the municipal election; and for other purposes.

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

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

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

HB 1531. By Mr. Ross of the 26th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Lincoln County upon an annual salary, as amended, so as to authorize the Sheriff to employ additional deputies; and for other purposes.

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

HB 1533. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to create the Coosa Water Authority and to authorize said Authority to acquire and maintain self-liquidating proj, , ects embracing sources of water supply and the distribution and sale of water and related facilities; and for other purposes.

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

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

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

THURSDAY, FEBRUARY 3, 1972

1161

HB 1534. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to create the Notla Water Authority and to authorize said Authority to acquire and maintain self-liquidating proj ects embracing sources of water supply and the distribution and sale of water and related facilities; and for other purposes.

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

On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1539. By Mr. Lewis of the 37th: A Bill to be entitled an Act to amend an Act creating the State Court of Burke County, as amended, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1540. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Milner, 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.

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HB 1541. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners for Lamar County, as amended, so as to provide for residency requirements; and for other purposes.

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

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

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

HB 1542. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Lamar County; to provide in lieu thereof an annual salary; and for other purposes.

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

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

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

HB 1543. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Commissioner of Lamar County; to provide in lieu thereof an annual salary; and for other purposes.

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

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

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

THURSDAY, FEBRUARY 3, 1972

1163

HB 1544. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the Deputy Tax Commissioner of Pike County; and for other purposes.

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

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

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

HB 1547. By Mr. Coney of the 118th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, sheriff, ordinary and tax commissioner of Douglas County on an annual salary, as amended, so as to change the provisions relating to the compensation of said officers; and for other purposes.

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

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

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

HB 1548. By Messrs. Hays, Clements and Snow of the 1st:
A Bill to be entitled an Act to amend an Act providing for the election of the members of the Board of Education 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 110, nays 0.

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

1164

JOURNAL OF THE HOUSE,

HB 1555. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to authorize and empower Crisp- County, acting by and through the Crisp County Power Commission, to sell or lease the generation and transmission facilities of its electric utility system or any part or portion 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 1563. 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", as amended, so as to change the provi sions relating to interest rate of bonds and to increase the amount of negotiable revenue bonds said Authority may have outstanding at any one time; and for other purposes.

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

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

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

HB 1565. By Messrs, Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act creating the State Court of Toombs County, as amended, so as to change the provisions relative to the compensation of the judge and the solicitor of said court; and for other purposes.

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

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

THURSDAY, FEBRUARY 3, 1972

1165

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

HB 1566. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act supplementing the com pensation of the Ordinary of Long County, as amended, so as to change the provisions relative to the compensation of said 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 1567. By Messrs. Rush and Salem of the 51st:
A Bill to be entitled an Act to amend an Act establishing the commis sioners of Long County, as amended, so as to change the provisions relative to the compensation of the clerk 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 1568. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to create the Eatonton-Putnam County Charter Commission; and for other purposes.

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

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

1166

JOURNAL OF THE HOUSE,

HB 1569. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to change the method of electing members for the Board of Education of Putnam County; to provide for the desig nating of posts; and for other purposes.

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

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

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

HB 1570. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to create the Eatonton-Putnam County Law Enforcement Study Commission; and for other purposes.

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

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

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

HB 1571. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act creating and establishing a new charter for the City of Eatonton, 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.

THURSDAY, FEBRUARY 3, 1972

1167

HR 671-1571. By Mr. Hudson of the 28th:

A RESOLUTION

Proposing a constitutional amendment so as to authorize the General Assembly to provide by local Act for the creation of a Charter Commis sion to study all matters relating to the consolidation of the government of the City of Eatonton and Putnam County and for the establishment of a successor government with powers and jurisdiction throughout the territorial limits of Putnam County and to draft a charter to create such successor government, which proposed charter shall be submitted to the voters of Putnam County for approval or rejection in such manner as the General Assembly shall provide by said local Act; 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 XI, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following:

"Any other provision of this Constitution to the contrary not withstanding, the General Assembly is hereby authorized to provide by local Act for the creation of a Charter Commission to study all matters relating to the establishment of a single county-wide gov ernment with powers and jurisdiction throughout the territorial limits of Putnam County which single government shall supersede and replace the existing governments of the City of Eatonton and Putnam County and may also supersede and replace any public au thorities and special service districts located and operating within Putnam County.

Said local Act may further authorize said Charter Commission to draft a proposed charter creating such county-wide government and for the submission of such charter to the voters of Putnam County for approval or rejection in such manner as the General Assembly shall provide by said local Act.

To carry out the purposes of this amendment, the General As sembly is hereby expressly authorized to delegate its power by said local Act to said Charter Commission and may authorize said Com mission to draft a proposed county-wide government charter which may include any provisions necessary to effectuate the purposes of this amendment. To that end, and without limiting the generality of the foregoing, the General Assembly is hereby authorized to provide by said local Act that said Charter Commission may draft a pro posed charter which would provide for any one or more of the following:

1. For the modification or abolishment of the existing gov ernments of the City of Eatonton and Putnam County and for the creation of a new single government having all powers formerly ex ercised by the City of Eatonton and Putnam County, and having

1168

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such other powers as may be necessary or desirable, including such rights, powers, duties and liabilities as are now or may hereafter be vested in municipalities or counties, or both, by the Constitution of Georgia or by other provision of law; the form and composition of said new government to be as said charter shall provide.

2. For the new county-wide government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants in aid, funds, loans, aid, appropri ations and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or Federal programs.

3. For the modification or abolishment of any city and county courts, juvenile courts, and any other courts, including courts created in lieu of constitutional courts, presently existing in the City of Eatonton and Putnam County, except the superior court and court of ordinary, and for the creating of one or more new courts having the jurisdiction and powers of the former courts in such manner as their charter shall provide.

4. For the modification or abolishment of any public authorities and special service districts located within Putnam County whether created by law or by provisions of this Constitution, and for the transfer of all powers, duties and obligations of such authorities and districts to the new county-wide government in such manner as said charter shall provide.

5. For the modification or abolishment of any one or more public offices, including coroner, county surveyor, tax collector, tax re ceiver, and county treasurer, or positions of public employment of the City of Eatonton and Putnam County and any public authorities or special service districts located and operating within Putnam County.

6. For the creation of the governing authority of the single county-wide government, including the number of members of said governing authority, their powers, duties, terms of office, manner of election or appointment, compensaton, method of removal, and all other matters incidental or necessary to the creation of said countywide governing authority.

7. For the creation of the various departments, agencies, bu reaus, offices, commissions and positions of public employment of said county-wide government and all other matters necessary or in cidental thereto.

8. For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said county-wide government in accordance with the kind, character, type and degree of services provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district.

THURSDAY, FEBRUARY 3, 1972

1169

from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such new govern ing authority so created may vary from district to district.

9. For the assumption by said county-wide government of all bonded indebtedness and all other obligations of whatever kind of all governmental units, public authorities and special service districts which are consolidated by said charter and a method by which said county-wide government shall assume the payment of any obliga tions issued under the Revenue Bond Law.

10. For the transfer to said county-wide government of assets, contracts and franchises of all governmental units, and any public authorities and special services districts which have consolidated or merged with said county-wide government.
11. The purposes for which said county-wide government or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such county-wide government or any agency thereof.
12. For the method or methods by which said charter may be amended.
Said local Act may further provide for the qualifications and compensation of the members of said Charter Commission and for the expenses of said Charter Commission. The compensation of the members of the Charter Commission and the expenses of the Com mission shall be shared by the City of Eatonton and Putnam County in such manner as the General Assembly shall provide by said local Act, and the governing authority of the City of Eatonton and the governing authority of Putnam County are hereby authorized to expend public funds for such purposes.
Nothing herein shall be construed so as to authorize the General Assembly or any Charter Commission created pursuant to any local Act passed by the General Assembly in pursuance of this amend ment to:
1. Alter the status of the Putnam County School District or any constitutional provision by which such named agency was au thorized or preserved.
2. Impair or diminish any civil service pension and retirement rights existing at the time of the ratification of this amendment.
3. Abolish the office of sheriff.

4. Impair or diminish any homestead or other exemptions from taxation now or hereafter specified in this Constitution.

Provided, however, that none of the foregoing limitations shall be construed as prohibiting the General Assembly from exercising

1170

JOURNAL OF THE HOUSE,

any legislative power with respect to the school district, office of sheriff, civil service and pension rights and homestead exemptions which existed prior to the adoption of this amendment.

The powers herein granted to the General Assembly:

1. Are remedial and shall be liberally construed to effectuate their purpose.

2. May be exercised by the General Assembly notwithstanding any other provisions of this Constitution or of law.

3. Shall not be exhausted by their initial exercise but may be exercised from time to time as said General Assembly may de termine.

4. Are cumulative of all other powers now held by the General Assembly are are not in lieu thereof."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended to as to authorize the General Assembly to provide by local Act for
NO ( ) the creation of a Charter Commission to study all matters relating to the consolidation of the govern ment of the City of Eatonton and Putnam County and for the establishment of a successor government with powers and jurisdiction throughout the terri torial limits of Putnam County and to draft a charter to create such successor government, which proposed charter shall be submitted to the voters of Putnam County for approval or rejection in such manner as the General Assembly shall provide by said local Act?"

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

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

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

THURSDAY, FEBRUARY 3, 1972

1171

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole 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 Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes 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 Lane, Dick Lane, W. J.

Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard, Mac Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, H. P.

1172
Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R.

JOURNAL OF THE HOUSE,

Smith, V. T. Snow Stephens Strickland Sweat Thomason Thompson Toles Townsend

Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Blackshear Bostick Bowen Dean, J. E. Farrar Greer Hill, G.

Hood Howard Larsen, W. W. McDaniell Moore Northcutt Russell, A. B.

Shepherd Sorrells Triplett Vaughn Wamble Williams, W. M. Mr. Speaker

On the adoption of the Resolution, the ayes were 174, nays 0.
The Resolution, having received the requisite two-third constitutional ma jority, was adopted.
The following message was received from the Senate through Mr. McWhorter, the Secretary thereof: Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 472. By Senator Starr of the 44th:
A Bill to amend an Act incorporating the City of Jonesboro, as amended, so as to provide for the appointment of a Recorder by the Mayor and Council; and for other purposes.

SB 475. By Senators Ward of the 39th, Patton of the 40th, Stephens of the 36th and others:
A Bill to amend an Act granting to the incorporated municipalities of this State having a population of more than 300,000 certain basic pow ers, approved March 4, 1966 (Ga. L. 1966, p. 3089), so as to provide additional powers of the Public Officer; and for other purposes.

THURSDAY, FEBRUARY 3, 1972

1173

SB 479. By Senators Ward of the 39th, Fatten of the 40th, Stephens of the 36th and others:
A Bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.

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

HB 1371. By Mr. Wheeler of the 18th:
A Bill to amend an. Act providing a Board of Commissioners for the County of Elbert, so as to authorize the Board to establish, operate and maintain a recreation program, recreation areas and recreation facilities for the citizens of Elbert County; and for other purposes.

HB 1407. By Messrs. Dorminy and Hudson of the 48th:
A Bill to provide that the county School Superintendent of Wilcox County shall be appointed by the Board of Education of Wilcox County; and for other purposes.

HB 1418. By Messrs. Rush and Salem of the 51st:
A Bill to amend an Act creating a board of commissioners by the electors of Tattnall County; and for other purposes.

HB 1419. By Messrs. Rush and Salem of the 51st:
A Bill to amend an Act abolishing the fee system of compensating the sheriff of Tattnall County and providing in lieu thereof an annual salary, so as to change the provisions relative to the compensation of the sheriff's deputies; and for other purposes.

HB 1422. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to merge the Independent School System of the City of Americus and the Sumter County School System into one new School System; and for other purposes.

HB 1428. By Mr. Lewis of the 37th:
A Bill to abolish the present mode of compensating the tax commissioner of Burke County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

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

HB 1146. By Messrs. Snow, Hays and Clements of the 1st:
A Bill to amend an Act incorporating the City of Rossville, so as to change the number of councilmen; and for other purposes.

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

SR 248. By Senators Coggin of the 35th, Ward of the 39th, Garrard of the 37th and others:
A Resolution to amend HR 233-698, proposing an amendment to the Constitution relative to an increased homestead exemption for certain residents of the City of Hapeville, so as to change the effective date; and for other purposes.

SR 249. By Senator McGill of the 24th:
A Resolution proposing an amendment to the Constitution so as to change the method of electing the members of the Wilkes County Board of Education; and for other purposes.

The Senate has adopted, by Substitute, by the requisite constitutional ma jority the following Resolutions of the House, to-wit:
HR 531-1205. By Messrs. Jordan of the 74th, Davis, Floyd, Wood and Granade of the 75th and others: A Resolution proposing an amendment to the Constitution so as to authorize and direct the governing authority of DeKalb County to pay to the Board of Education of DeKalb County 50% of the total revenue realized by said County from the sale of malt beverages and wines therein; and for other purposes.
HR 549-1256. By Mr. Wheeler of the 57th: A Resolution proposing an amendment to the Constitution so as to au thorize and empower the Board of Commissioners of Pierce County to license and regulate businesses in the unincorporated areas of Pierce County; and for other purposes.
The Senate has adopted by requisite constitutional majority the following Resolutions of the House, to-wit:

THURSDAY, FEBRUARY 3, 1972

1175

HR 560-1299. By Messrs. Rush and Salem of the 51st:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for the election of the members of the Board of Education of Tbombs County; and for other purposes.

HR 573-1370. By Messrs. Black and Edwards of the 45th:
A Resolution proposing an amendment to the Constitution so as to create the Chattahoochee County Airport Authority; and for other purposes.

HR 585-1387. By Messrs. Wood, Whitmire and Williams of the llth: A Resolution proposing an amendment to the Constitution so as to pro vide that the members of the Hall County Board of Education shall be elected by the electors of the Hall County School District, and to pro vide that the School Superintendent shall be appointed by the Board of Education of Hall County; and for other purposes.
HR 609-1425. By Mrs. Merritt and Mr. Oxford of the 46th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for the merger of the Independent School System of the City of Americus and the existing Sumter County School System into one system, coextensive with the limits of Sumter County; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

HB 361. By Messrs. Smith of the 3rd, and Brown of the 32nd:
A Bill to create the Georgia State Board of Physical Therapy; and for other purposes.

HB 1236. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th and others:
A Bill to amend the "Georgia Prison Industries Act", so as to change the name of the Georgia Prison Industries Administration to the Georgia Correctional Industries Administration; and for other purposes.

HB 1239. By Messrs. Chandler of the 34th, Fraser of the 59th, McDaniell of the 117th and others:
A Bill to amend Code Chapter 27-1, relating to proceedings prior to

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arrest, so as to provide for a reward to be paid to certain persons fur nishing information leading to the capture of escaped inmates of penal institutions; and for other purposes.

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

SB 465. By Senators Starr of the 44th and Zipperer of the 3rd: A Bill to amend an Act creating the Georgia Educational Improvement Council, as amended, so as to change the membership and the method of appointing members; and for other purposes.
SB 499. By Senator London of the 50th: A Bill to create the Electronic Data Processing-Printing Committee; to provide for the membership of the Committee; to repeal conflicting laws; for other purposes.
By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SR 248. By Senators Coggin of the 35th, Ward of the 39th, Garrard of the 37th, and others: A Resolution to amend HR 233-698, proposing an amendment to the Constitution relative to an increased homestead exemption for certain residents of the City of Hapeville, so as to change the effective date; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SR 249. By Senator McGill of the 24th: A Resolution proposing an amendment to the Constitution so as to change the method of electing the members of the Wilkes County Board of Education; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
SB 465. By Senators Starr of the 44th and Zipperer of the 3rd: A Bill to be entitled an Act to amend an Act creating the Georgia Educational Improvement Council, so as to change the membership and the method of appointing members; and for other purposes.
Referred to the Committee on Education.

THURSDAY, FEBRUARY 3, 1972

1177

SB 472. By Senator Starr of the 44th:
A Bill to be entitled an Act to amend an Act incorporating the City of Jonesboro, so as to provide for the appointment of a Recorder by the Mayor and Council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 475. By Senators Ward of the 39th, Patton of the 40th, Stephens of the 36th and others:
A Bill to be entitled an Act to amend an Act granting to the incorpo rated municipalities of this State having a population of more than 300,000 certain basic powers, so as to provide additional powers of the Public Officer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 479. By Senators Ward of the 39th, Patton of the 40th, Stephens of the 36th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 499. By Senator London of the 50th:
A Bill to be entitled an Act to create the Electronic Data ProcessingPrinting Committee; to provide for the membership of the Committee; and for other purposes.
Referred to the Committee on Rules.

The following Resolution of the House was read and adopted:

HR 720. By Mr. Smith of the 43rd:
A RESOLUTION
Amending HR 3; and for other purposes.
BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that HR 3, adopted at the regular 1971 session of the General Assembly, is hereby amended by adding at the end of Part II a new paragraph to read as follows:

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"The provisions of Part I and Part II of this resolution shall also be effective during any period of adjournment of the regular 1972 session."

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:

HR 106-270. By Mr. Sims of the 106th:
A Resolution compensating the Sessions Company, Inc., Enterprise, Ala bama; 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 143, nays 0.

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

HR 280-929. By Mr. Bray of the 31st:
A Resolution compensating Rufus Carter O'Neal; 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 143, nays 0.

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

HR 553-1264. 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.

THURSDAY, FEBRUARY 3, 1972

1179

On the adoption of the Resolution, the ayes were 143, nays 0.

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

HR 601-1404. By Mr. Ham of the 33rd: A Resolution compensating Mr. Harry D. Edge; 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 143, nays 0.

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

HR 607-1421. By Mr. Stephens of the 103rd: A Resolution compensating Mr. Irwin Arnold; 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 143, nays 0.

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

HR 623-1459. By Messrs. Clements, Snow and Hays of the 1st: A Resolution compensating Mr. Alvin J. Burns; 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 143, nays 0.

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

HR 157-462. By Mr. Davis of the 75th: A Resolution compensating Mrs. Mary E. Doty; and for other purposes.

The following Committee amendment was read and adopted :
The Committee on Appropriations moves to amend HR 157-462 by changing the figure $602.00 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $100.00.

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

On the adoption of the Resolution, as amended, the ayes were 143, nays 0.

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

HR 261-821. By Mr. Matthews of the 16th: A Resolution compensating Mr. Bishop Goddard; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 261-821 by changing the figure $832.00 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $500.00.

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

On the adoption of the Resolution, as amended, the ayes were 143, nays 0.

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

THURSDAY, FEBRUARY 3, 1972

1181

HR 551-1264. By Mr. Strickland of the 56th:
A Resolution compensating Mr. Curtis Lee Hamilton; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 551-1264 by changing the figure $760.58 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $500.00.

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

On the adoption of the Resolution, as amended, the ayes were 143, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 556-1278. By Mr. Dailey of the 53rd:
A Resolution compensating the Propane Gas Company, Inc. of Cuthbert, Georgia; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 556-1278 by changing the figure $724.17 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $689.17.

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 143, nays 0.

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

HR 559-1289. By Mr. Praser of the 59th: A Resolution compensating Mr. John O. Home; and for other purposes.

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JOURNAL OF THE HOUSE,

The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 559-1289 by changing the figure $700.00 as it appears in the last paragraph of said Resolution and substiuting in lieu thereof the figure $500.00.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to
On the adoption of the Resolution, as amended, the ayes were 143, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 600-1403. By Mr. Carter of the 64th: A Resolution compensating Mr. Earl Bruce Shepard; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 600-1403 by substituting in Line 19 the name "Mr. R. B. Shepard" for "Earl Bruce Shepard".

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 143, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 624-1459. By Messrs. Clements, Hays and Snow of the 1st: A Resolution compensating Mrs. Virginia Gray; and for other purposes.

The following Committee amendment was read and adopted: The Committee on Appropriations moves to amend HR 624-1459 by

THURSDAY, FEBRUARY 3, 1972

1183

changing the figure $955.08 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $587.08.

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 143, nays 0.

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

HR 631-1476. By Mr. Davis of the 75th: A Resolution compensating Mr. and Mrs. Lewis J. Burnett; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 631-1476 by changing the figure $194.27 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $138.44.

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 143, nays 0.

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

HB 1107. By Mr. Adams of the 9th: A Bill to be entitled an Act to amend an Act authorizing automobile wrecking companies to sell or otherwise dispose of certain motor vehicles, so as to change the time limit in which motor vehicles must be kept in custody; and for other purposes.
The following amendment was read and adopted:
Mr. Jordan of the 74th moves to amend HB 1107 by changing the

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period at the end of Section 1 to a comma and adding the following language:

"Provided however the person removing and storing such ve hicle shall diligently seek the identity of the owner and shall notify such owner of the vehicle. If the owner cannot be ascertained, the person impounding the vehicle shall advertise in a newspaper of general circulation in the county where the vehicle was obtained a, description of the vehicle and shall furnish in writing a description of the vehicle, including its serial and license numbers, to the Depart ment of Public Safety. Upon a person removing and storing a vehicle without making a good faith effort to ascertain and notify the owner, the said person shall not be entitled to expenses for removal and storage."

Trie 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., Jr. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bennett, J. T1., Jr. Bennett, Tom Berry Blackshear Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance

Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Evans Ezzard Pelton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor

Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter 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

THURSDAY, FEBRUARY 3, 1972

1185

Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W.J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken Melton Merritt

Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P.

Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman
Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Toles Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire WilliamsWilson
Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Bell Black Collier Dailey Dean, J. E. Dorminy

Drury Edwards Egan Farrar Larsen, W. W. McDaniell McDonald

Patten Phillips, G. S. Pickard Thompson Townsend Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 174, nays 0.

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

HB 1151. By Mr. Alexander of the 100th:
A Bill to be entitled an Act to amend Code Section 56-407A, relating to motor vehicle liability insurance and requirements and uninsured motor

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JOURNAL OF THE HOUSE,

vehicle coverage, as amended, so as to provide for service of summons by publication; and for other purposes.

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., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T., Jr. Bennett, Tom Berry Blackshear Bohannon Bond Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, 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 Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Griffin Groover Gunter 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. 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 Mason Matthews, C. Mauldin Maxwell McCracken Melton Merritt Miles Milford Miller Moore Morgan Mulherin Mullinax Murphy Nessmith Noble

Northcutt Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross

THURSDAY, FEBRUARY 3, 1972

1187

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

Sweat Thompson Toles Townsend Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Black Bostiek Collier Collins, M. Dailey Dean, J. E. Egan Floyd, J. H. Granade Greer

Hill, G. Hood Jordan Lane, W. J. Marcus Matthews, D. R. McDaniell McDonald Moyer Nunn

Phillips, G. S. Pickard Shepherd Smith, V. T. Strickland Thomason Triplett Ware 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 1168. By Mr. Adams of the 9th:
A Bill to be entitled an Act to amend Code Section 13-9933, relating to checks or drafts without funds, as amended, so as to change the pro visions relating to checks or drafts without funds; 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 109, nays 2.

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JOURNAL OF THE HOUSE,

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

HB 1433. By Messrs. Gaynor of the 88th, McCracken of the 36th, Groover of the 27th, Snow of the 1st and Lambert of the 25th:
A Bill to be entitled an Act to amend Code Chapter 26-17, relating to deceptive practices, as amended, so as to prohibit the publication of information relating to telephone numbers, credit numbers or other credit devices, which information is used for theft or fraudulent prac tices; to define certain terms; and for other purposes.

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

Those voting in the affirmative were Messrs.

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

Cole Collins, M. Collins, S. Colwell Coney, G, D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl

Granade Grantham Greer Griffin Groover Gunter 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 King Knight Knowles Kreeger

THURSDAY, FEBRUARY 3, 1972

1189

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 McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan

Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem

Savage Scarborough 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 Wheeler, Bobby Wheeler, J. A. Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Bell Blackshear Brantley, H. H. Chandler Collier Dean, J. E.

Dorminy Egan Hamilton Hood Keyton Maxwell

Rainey Russell, H. P. Shanahan Shepherd Whitmire Mr. Speaker

On the passage of the Bill, the ayes were 177, nays 0.

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

Mr. Whitmire of the llth stated that he had been called from the floor of
the House when the roll was called on HB 1433, but had he been present would have voted "aye".

Mr. Matthews of the 16th asked unanimous consent that the following Resolu tion of the House be withdrawn from the Committee on the University System of Georgia and referred to the Committee on Defense and Veterans Affairs:

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JOURNAL OF THE HOUSE,

HR 678-1585. By Mr. Brown of the 32nd:
A Resolution proposing an amendment to the Constitution so as to provide the State shall grant scholarships to children of servicemen who are residents of this State and who are reported as missing in action or as a prisoner of the enemy, at any time since the beginning of the Viet Nam War; and for other purposes.

The consent was granted.
The following Resolutions of the House were taken up for the purpose of considering the Senate substitutes thereto:

HR 549-1256. By Mr. Wheeler of the 57th:
A Resolution proposing- an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Pierce County to license and regulate businesses in the unincorporated areas of Pierce County; and for other purposes.

The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and empower the Board of Commissioners of Pierce County to levy, assess and collect a license fee from any person, firm or corporation who may maintain a place of business or who may in any manner engage in any type of business in any area of Pierce County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Pierce County; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"The Board of Commissioners of Pierce County is hereby au thorized and empowered to levy, assess, and collect a license fee from any person, firm, or corporation, except those subject to regulation by the State Public Service Commission, who may main tain a place of business or who may in any manner engage in any type of business in any area of Pierce County outside the incorpo rated limits of municipalities. To provide for public welfare, health and security of the people of Pierce County, the Board shall have the right to regulate and exercise police powers over any businesses : operated within the unincorporated areas of said county, except

THURSDAY, FEBRUARY 3, 1972

13:91

those subject to regulation by the State Public Service Commission, and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted. Violation of any regulations adopted by the Board shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize and empower the Board of Commissioners of Pierce County to levy, assess and collect a license fee from any person, firm or corporation who may maintain a
NO ( ) place of business or who may in any manner engage in any type of business in any area of Pierce County outside the incorporated limits of municipalities and to otherwise regulate businesses in the unincorporated areas of Pierce County?"

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. Wheeler of the 57th 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 549-1256 was agreed to.

HR 531-1205. By Messrs. Jordan of the 74th, Davis, Floyd, Wood and Granada of the 75th and others:

A Resolution proposing an amendment to the Constitution so as to

authorize and direct the governing authority of DeKalb County to pay

to the Board of Education of DeKalb County 50% of the total revenue

realized by said County from the sale of malt beverages and wines

therein; and for other purposes.

:

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JOURNAL OP THE HOUSE,

The following Senate substitute was read:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize and direct the governing authority of DeKalb County to pay to the Board of Education of DeKalb County fifty percent of the net revenue realized by said County from the sale of malt beverages, wines and spirituous liquors therein; to provide for further allocation of alcoholic beverage revenues; to provide for the submission of this amendment for ratifica
tion or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV of the Constitution is hereby amended by adding at the end thereof the following:

"The governing authority of DeKalb County is hereby au thorized and directed to pay to the Board of Education of DeKalb County, on a quarterly basis, fifty percent of the net revenue realized by said County from the sale of malt beverages, wines and spirituous liquors within said County, such funds to be used by said Board of Education for educational purposes. A portion of any revenue received by DeKalb County from the sale of alcoholic beverages and liquors shall be allocated to and used for the treat ment and rehabilitation of chronic users of alcoholic beverages and liquors."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize and direct the governing authority of DeKalb County to pay to the Board of Education of DeKalb County
NO ( ) fifty percent of the net revenue realized by said County from the sale of malt beverages, wines and spirituous liquors therein and to provide for the further allocation of alcoholic beverage revenues?"

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.

THURSDAY, FEBRUARY 3, 1972

1193

Mr. Jordan of the 74th 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 531-1205 was agreed to.

The following Resolutions of the House were read and referred to the com mittees :

HR 726. By Messrs. Savage of the 104th, Chappell of the 42nd, Shanahan of the 8th, Adams of the 100th and others:
A RESOLUTION
Relative to the Market Bulletin; and for other purposes.
WHEREAS, the Market Bulletin has long served the people of this State in providing them with vital information concerning agriculture; and
WHEREAS, the Market Bulletin is one of the most widely read publications within the State of Georgia; and
WHEREAS, this outstanding publication has proven to be a major economic tool to the citizens of our State; and
WHEREAS, certain proposals have been put forth to discontinue the publication of the Market Bulletin.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby urge the continuation of the publication of Market Bulletin.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to the Honorable Jimmy Carter, Governor the State of Georgia, and to the Honorable Thomas T. Irvin, Commis sioner of Agriculture.
Referred to the Committee on Agriculture.

HR 727. By Messrs. Ware of the 30th, Gignilliat of the 89th, Nunn of the 41st, Hays of the 1st and others:
A RESOLUTION
Urging the Board of Regents to investigate the feasibility of

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allowing children of active military personnel stationed in Georgia to enter any branch of the University System of Georgia and pay resident tuition rates; and for other purposes.

WHEREAS, several of the largest military installations in the world are located in the State of Georgia; and

WHEREAS, these personnel and their families contribute signifi cantly to the economy of the State of Georgia; and

WHEREAS, many retired military personnel return'to Georgia to live after completing their tours of military service; and

WHEREAS, the children of active military personnel stationed in Georgia cannot qualify for resident tuition rates unless the service member entered the military while a resident of the State of Georgia and still claims Georgia as his domicile; and

WHEREAS, approximately 17 states now allow children of active military personnel to qualify for admission in state-supported colleges and universities at resident rates.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby urge the Board of Regents to conduct a detailed study into the feasibility of allowing children of active military personnel stationed in Georgia to qualify for admission at any branch of the University System of Georgia and pay resident tuition rates.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Dr. George L. Simpson, Jr., Chancellor of the Board of Regents of the University System of Georgia.

Referred to the Committee on Defense and Veterans' Affairs.

The following Resolutions of the House were read and adopted:
HR 728. By Messrs. Davis, Wood, Granade and Floyd of the 75th:
A RESOLUTION
Expressing appreciation to Mrs. Ruth Schaeffer; and for other purposes.
WHEREAS, Mrs. Ruth Schaeffer, the dietician at Chapel Hill Elementary School, and her staff have provided members of the House of Representatives with a delicious selection of cookies during the 1972 session; and

THURSDAY, FEBRUARY 3, 1972

1195

WHEREAS, these cookies have been enjoyed by members of the General Assembly and staff; and

WHEREAS, Mrs. Schaeffer and her staff have gained a welldeserved reputation for the excellence of their recipes and the quality of their baked goods; and

WHEREAS, it is only fitting and proper that Mrs. Schaeffer and her staff be recognized and commended for their generosity.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their appreciation to Mrs. Ruth Schaeffer and her staff for the delicious cookies which they have very generously provided to the members 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 appropriate copy of this Resolution to Mrs. Ruth Schaeffer.

HR 729. By Messrs. Wood, Davis, Granade and Floyd of the 75th:
A RESOLUTION
Expressing appreciation to Mrs. Barbara Owens; and for other purposes.
WHEREAS, Mrs. Barbara Owens, the dietician at Shamrock High School in Decatur, Georgia, and her staff have provided members of the House of Representatives with a delicious selection of cookies during the 1972 session; and
WHEREAS, these cookies have been enjoyed by members of the General Assembly and staff; and
WHEREAS, Mrs. Owens and her staff have gained a well-deserved reputation for the excellence of their recipes and the quality of their baked goods; and
WHEREAS, it is only fitting and proper that Mrs. Owens and her staff be recognized and commanded for their generosity.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their appreciation to Mrs. Barbara Owens and her staff for the delicious cookies which they have very generously provided to the members 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 appropriate copy of this Resolution to Mrs. Barbara Owens.

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JOURNAL OP THE HOUSE,

HR 730. By Messrs. Davis, Granade, Wood and Floyd of the 75th:

A RESOLUTION

Expressing appreciation to Mrs. Virginia Smith; and for other pur poses.

WHEREAS, Mrs. Virginia Smith, the dietician at Walker High School in Atlanta, Georgia, and her staff have provided members of the House of Representatives with a delicious selection of cookies during the 1972 session; and

WHEREAS, these cookies have been enjoyed by members of the General Assembly and staff; and

WHEREAS, Mrs. Smith and her staff have gained a well-deserved reputation for the excellence of their recipes and the quality of their baked goods; and

WHEREAS, it is only fitting and proper that Mrs. Smith and her staff be recognized and commended for their generosity.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby ex press their appreciation to Mrs. Virginia Smith and her staff for the delicious cookies which they have very generously provided to the members 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 appropriate copy of this Resolution to Mrs, Virginia Smith.

HR 731. By Messrs. Davis, Granade, Wood and Floyd of the 75th:
A RESOLUTION
Expressing appreciation to Mrs. Grace McNew; and for other pur poses.
WHEREAS, Mrs. Grace McNew, the dietician at Columbia High School in Decatur, Georgia, and her staff have provided members of the House of Representatives with a delicious selection of cookies during the 1972 session; and
WHEREAS, these cookies have been enjoyed by members of the General Assembly and staff; and
WHEREAS, Mrs. McNew and her staff have gained a welldeserved reputation for the excellence of their recipes and the quality of their baked goods; and

THURSDAY, FEBRUARY 3, 1972

1197

WHEREAS, it is only fitting and proper that Mrs. McNew and her staff be recognized and commended for their generosity.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their appreciation to Mrs. Grace McNew and her staff for the delicious cookies which they have very generously provided to the members 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. Grace McNew.

HR 732. By Messrs. Bond of the lllth, Brown of the 110th, Dean of the 76th, Hill of the 94th, Alexander of the 108th, Blackshear of the 91st, Dent of the 79th, Hood of the 99th and others:
A RESOLUTION
Expressing regrets at the passing of Miss Mahalia Jackson; and for other purposes.
WHEREAS, Miss Mahalia Jackson, one of the greatest singers in the world, passed away on January 27,1972; and
WHEREAS, Miss Jackson was born in poverty in a shanty in New Orleans on October 25, 1911, the grandchild of slaves; and
WHEREAS, in 1927, at the age of 16, Miss Jackson moved to Chicago and began work there as a laundress; and
WHEREAS, Miss Jackson joined the Greater Salem Baptist Church in Chicago, and it was from this church that her musical career was launched; and
WHEREAS, she won national attention after her recording of "Move On Up A Little Higher" in 1946; and
WHEREAS, Miss Jackson was active in the civil rights movement, singing in Dr. King's march in Washington and singing on numerous other occasions in support of the black struggle in America; and
WHEREAS, from poverty to Carnegie Hall to command perform ances in Europe, Miss Jackson never forgot her origins or her church; and
WHEREAS, her personal faith coupled with her magnificent voice brought hope and solace to millions, and this daughter of the South will be missed by us all.

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NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby express their sincerest and deepest regrets at the passing of Miss Mahalia Jack son, and her personal faith and beautiful and magnificent voice will be sorely missed by all Georgians.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the family of Miss Mahalia Jackson.

HR 734. By Messrs. Collins of the 72nd, Davis of the 75th, Thomason of the 77th, Jordan of the 74th and others:
A RESOLUTION
Expressing sympathy at the passing of William David Corn; and for other purposes.
WHEREAS, William David Corn served as a distinguished member of the DeKalb County Police Department; and
WHEREAS, the citizens of Georgia were saddened by his untimely passing on February 1, 1972; and
WHEREAS, Officer Corn was known and respected for his dili gence, his dedication to duty and for the exemplary manner in which he performed his duties as an officer of the DeKalb County Police Department.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regrets at the passing of William David Corn, and do hereby extend their sincerest sympathy to his mother, Mrs. Hazel J. Corn, and the other members of his family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mrs. Hazel J. Corn.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third time:
HB 1206. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to regulate the sale and offer to sale of certain subdivided lands and practices pertaining thereto; and for other purposes.

THURSDAY, FEBRUARY 3, 1972

1199

By unanimous consent, further consideration of HB 1206 was postponed until the afternoon session.

The Speaker Pro Tern, announced the House recessed until 2:05 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 Bill of the House was again taken up for consideration:
HB 1206. By Mr. Levitas of the 77th: A Bill to be entitled an Act to regulate the sale and offer to sale of certain subdivided lands and practices pertaining thereto; and for other purposes.
The following Committee substitute was read and withdrawn, by unanimous consent:
A BILL
To be entitled an Act to regulate the sale and offer to sale of certain subdivided lands and practices pertaining thereto; to provide for definitions; to provide for exceptions; to require registration with the Secretary of State; to require the filing of certain information pertain ing to subdivided lands; to provide for the powers, duties and responsi bilities of the Secretary of State; to require certain information be given to prospective purchasers of subdivided lots; to prohibit certain advertisements, representations and sales practices pertaining to the sale of such lots; to prohibit certain acts; to provide for penalties; to provide for registration fees; to provide for the recision of certain con tracts for the purchase of lots and damages; to provide the procedures connected with the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. When used in this Act, unless the context otherwise requires:
(a) "subdivided land" and "subdivision" means improved or unim proved lands, divided or proposed to be divided, into 50 or more lots

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or parcels, and also includes any land, whether contiguous or not, if
50 or more lots, parcels, units or interests are offered as a part of a common promotional plan of advertising and sale, and if such land is known, designated or advertised as a common unit or by a common name.

(b) "sale" includes sale, lease, assignments, award by lottery, or any other solicitation or offer to do any of the foregoing concerning a subdivision or any part of a subdivision, if undertaken for gain or profit;

(c) "person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity;
(d) "offer" includes every inducement, solicitation or attempt to encourage a person to acquire an interest in a subdivision or subdivided land, if undertaken for gain or profit;

(e) "contiguous lands" means any additional subdivided land adjacent to or adjoining the subdivided land included in any earlier sub division for which a certificate of registration has been issued and which are offered under the same common subdivision name and the same common promotional plan of advertising and sale;

(f) "blanket encumbrance" means a deed to secure debt, trust, deed or mortgage or mechanics lien or any other lien or financial en cumbrance, securing or evidencing money debt and affecting land to be subdivided or affecting more than one lot or parcel of subdivided land; or an agreement affecting more than one such lot or parcel by which the subdivider holds such subdivision under an option, contract to purchase, or trust agreement. But taxes and assessments levied by public authority are not deemed to be an encumbrance under this Act..

(g) "fully developed lots" means lots for which all announced, advertised and planned access streets, water, sewage, and utility services have been constructed or installed and where all announced, advertised and planned amenities have been constructed or installed, or if said announced, advertised or planned amenities have not been con structed or installed, where an adequate bond or other sufficient finan cial arrangement for completion has been posted with the governingauthority of the county or municipality where such county or municipal ity has in effect a comprehensive planning and zoning ordinance.

Section 2. Unless the method of sale is adopted for the purpose of evasion of this Act, the provisions of this Act subject to the provisions, of Section 15 do not apply to offers or dispositions of an interest in land:

(a) by a purchaser of subdivided lands for his own account in a. single or isolated transaction;

THURSDAY, FEBRUARY 3, 1972

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(b) if fewer than 50 separate lots, parcels, units or interests in subdivided lands are offered by a person;

(c) on which there is a commercial or industrial building, con dominium, shopping center, house, apartment house, or as to which there is a legal obligation on the part of the seller to construct such a building within two years from date of disposition; or to the sale or lease of land which is restricted by zoning ordinance, covenant, or other legally enforceable means to commercial or nonresidential purposes; or to the sale or lease of land pursuant to plan of development for commercial or nonresidential purposes.

(d) as cemetery lots or interests;

(e) a subdivision as to which the plan of sale is to dispose to ten or fewer persons;

(f) in lots or parcels of 10 or more acres, unconditionally, or of 5 or more acres if there is free and ready access leading to county maintained roads;

(g) the sale or lease of lots or parcels to persons who acquire such lots or parcels for the purpose of engaging in the business of con structing residences;

(h) the sale or lease of lots or parcels in a subdivision if at least 95% of the lots or parcels of such subdivision are to be sold or leased only to persons who acquire such lots or parcels for the purpose of engaging in the business of constructing residences;

(i) subdivisions consisting of lots which are fully developed lots as described herein.

Section 3. Before subdivided lands are offered for sale, the subdivider or his agent shall file with the Secretary of State an application, upon forms to be supplied by the Secretary of State. A registration fee must accompany the application. The application shall contain the following information:

(a) The name and address of the fee title owner.

(b) The name and address of the subdivider.

(c) The legal description and acreage of lands, together with a map showing the layout as recorded as proposed, in relation of land to existing streets or roads, waterway, schools, churches, and shopping centers, bus and rail transportation, in the immediate vicinity.

(d) A true statement as to title to the subdivided land, including all encumbrances and unpaid taxes thereon.
(e) A true statement of the general terms and conditions by which it is proposed to dispose of the lots in the subdivision, including

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specimen copies of the general types of forms of contracts or conveyance intended to be used.

(f) A true statement of provision for sewage disposal and public utilities, if any, in the proposed or existing subdivision, including water, electricity, gas and telephone facilities.

(g) Correct reference to applicable zoning ordinances and regula tions.

(h) A proposed public property report, suitable for distribution to any proposed purchaser, if a certificate of registration is issued, which shall contain the following information:

(1) The name and principal address of the subdivider;

(2) A general description of the subdivided lands, stating the total number of lots, parcels, units or interests in the offering;

(3) The significant terms of any encumbrances, easements, liens and restrictions, including zoning and other regulations affect ing the subdivided lands and each lot or unit, and a statement of all existing taxes and existing or proposed special taxes or assessments which affect the subdivided lands;

(4) A statement of the use for which the property is offered;

(5) Information concerning all usual and necessary improve ments, and all existing or contemplated future improvements which will be made available, including, without limitation, any improve ments depicted or represented in advertising or otherwise as being available or completed, including streets, water supply, levees, drainage control systems, irrigation systems, sewage disposal facilities, club houses, golf courses and other recreational facilities, and customary utilities, and the estimate costs, date of completion and responsibility for construction and maintenance of existing and proposed improvements which are referred to in connection with the offering or disposition of any interest in subdivided lands;

(6) Such additional information consistent with this Act which may be required by the Secretary of State to assure full and fair disclosure to prospective purchasers.

(7) The Secretary of State shall accept as the property report under this Section the property report covering the subdivision filed by the subdivider with the Office of Interstate Land Registration of the Department of Housing and Urban Development, provided that such report is supplemented by any additional information required under this Act.

(i) The subdivider shall report all material changes with respect to subdivided lands then registered for sale under this Act and the Secre tary of State may require that the public property report shall be

THURSDAY, FEBRUARY 3, 1972

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amended to reflect such material change; and in the event the subdivider wishes to update the public property report, he may do so upon proper application to the Secretary of State.

(j) If the subdivider registers additional subdivided lands to be offered for sale, he may consolidate the subsequent registration with any earlier registration offering subdivided lands for sale under the same promotional plan, and the public property report shall be amended to include the additional subdivided lands so registered.

(k) One of the following:

(1) A surety bond, payable to the Secretary of State and issued by a bonding company doing business in Georgia, in an amount established or provided by rules or regulations issued by the Secretary' of State pursuant to the Administrative Procedure Act for purposes of covering the costs of improvements provided for in (5) of (h) above, and conditioned upon the satisfactory completion and payment for all such improvements.

(2) A letter of credit or guarantee from a commercial bank doing business in Georgia and issued in favor of and payable to the Secretary of State in the same amount and for the same purposes as set forth for the bond permitted in (1) last above.

The Secretary of State may provide that the amount of such bond or letter of credit or guarantee may be reduced from time to time as the improvements being bonded or guaranteed are installed.

(1) A certificate of approval or compliance of the proposed de velopment of the subdivision by the local governing authority, if it has a planning and zoning ordinance in effect, that the subdivision is in compliance therewith or the certificate of approval of the proposed development of the subdivision by the appropriate Area Planning and Development Commission when the subdivision is located in a county or municipality in which no planning and zoning ordinance is in effect.

(m) A copy of a title insurance policy or certificate of title issued by a practicing attorney concerning title to the land of the subdivision.
(n) A true copy of a duly recorded plat of the subdivision which indicates thereon each individual lot within the subdivision.

(o) Approval of the appropriate local or State governmental agency for the installation of any facilities provided in (5) of (h) above, such as, but not limited to, approvals needed for installation of a sewage system, septic tank, roads, water systems or the like.

Section 4. Upon receipt of the application for registration in proper form, the Secretary of State shall issue a notice of filing to the applicant. Within 30 days from the date of the notice of filing, the Secretary of State shall enter an order registering the subdivided lands or rejecting the registration. If no order of rejection is entered within

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30 days from the date of notice of filing, the land shall be deemed registered.

Section 5. If the Secretary of State affirmatively determines, upon inquiry and examination, that the requirements of this Act have been met, he shall issue a certificate of registration registering the subdivided lands and shall approve the form of the public property report.

Section 6. If the Secretary of State determines, upon inquiry and examination, that any of the requirements of this Act have not been met, the Secretary of State shall notify the applicant that the application for registration must be corrected in the particulars speci fied within 15 days after receipt of such notice, or such greater time as he may allow. If the requirements are not met within the time al lowed, the Secretary of State shall enter an order rejecting the registration which shall include the findings of fact upon which the order is based. The order rejecting the registration shall not become effective for twenty days during which time the applicant may petition for reconsideration and shall be entitled to a hearing.

Section 7. A certificate of registration which has not been re voked or is not suspended shall be renewed annually on the anniversary date of the issuance of the original certificate upon payment of the required fee.

Section 8. A copy of the report, when a certificate of registration is granted by the Secretary of State, shall be given by the owner, subdivider or agent to each prospective purchaser prior to the execution of any binding contract or agreement for the sale of any lot or parcel in a subdivision. If such a report is not given at least forty-eight hours prior to such execution, the purchaser may rescind the contract at any time up to forty-eight hours after receiving a copy of the report, except that the contract or agreement may stipulate that the foregoing rescis sion shall not apply in the case of a purchaser who (1) has received the property report and inspected the lot to be purchased or leased in ad vance of signing the contract or agreement, and (2) acknowledges by his signature that he has made such inspection and has read and under stood such report. A receipt in duplicate shall be taken from each purchaser evidencing compliance with this provision. Any such election by the purchaser to void the contract or agreement must, to be valid, be in writing, and telegraphed, mailed or delivered in person within the said forty-eight hour period and must be mailed to the address of the subdivider which appears on the contract or agreement. Receipts taken for any published report shall be kept on file in possession of the owner, subdivider or agent, subject to inspection by the Secretary of State for three years from the date the receipt is taken. The report shall not be used for advertising purposes unless the report is used in its entirety. No portion of the report shall be underscored, italicized, or printed in larger or heavier type than the balance of the report, unless specifically approved or required by the Secretary of State in order to better inform prospective purchasers.

Section 9. It is unlawful for the owner or subdivider to sell lots

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1205

or parcels within a subdivision subject to a blanket encumbrance unless one of the following conditions is complied with:

(a) Such blanket encumbrance shall contain provisions evidencing the subordination of the lien of the holder (s) of the blanket encumbrance to the rights of those persons purchasing from the subdivider, or further evidencing that the subdivider is able to secure releases from such blanket encumbrances with respect to the property; or

(b) The fee title to the subdivision is placed in trust under an agreement or trust acceptable to the Secretary of State until a proper release from each blanket encumbrance, including all taxes, is obtained and title contracted for is delivered to such purchaser; or

(c) A bond to the State of Georgia is furnished to the Secretary of State for the benefit and protection of purchasers of such lots or parcels, in such amount and subject to terms approved by the Secre tary of State. The bond shall be executed by a surety company which is authorized to do business in the State of Georgia, and has given con sent to be sued in this State. The bond shall provide for the return of monies paid or advanced by any purchaser, on account of purchase of any such lot or parcel if (1) the title contracted for is not delivered, and (2) a full release from each blanket encumbrance is not obtained. If it is determined that such purchaser, by reason of default or other wise, is not entitled to the return of such monies, or any portion thereof, then such bond is released by the amount of monies to which such pur chaser of parcel is not entitled.

Section 10. The Secretary of State shall investigate every such subdivision offered for sale in this State and may:

(a) Rely upon any relevant information concerning a subdivision obtained from the Federal Housing Administration, the United States Veterans Administration or any other federal agency having compa rable duties in relation to subdivision of real property.

(b) Require the applicant to submit reports prepared by competent engineers as to any hazard to which any subdivision offered for sale is subject in the opinion of the Secretary of State, or any factor which affects the utility of lots or parcels within the subdivision.

(c) May make an on-site inspection of each subdivision. In connec tion with any on-site inspection, the owner, subdivider or agent shall defray all reasonable expenses incurred by the inspector (s) in the course of the inspection.

(d) May make an annual on-site reinspection of each subdivision. In connection with any such reinspection, the ower, subdivider or agent shall defray all reasonable tand necessary expenses incurred by the inspector(s) in the course of the inspection.

(e) Require the owner, subdivider or agent to deposit the expenses to be incurred in any inspection or reinspection, in advance, based upon

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an estimate by the Secretary of State of the said expenses likely to be incurred.

(f) In those cases where an on-site inspection of any subdivision has been made under the provisions of this Act, an inspection of a sub sequent registration submitted as an amendment to said registration covering subdivided land to be sold under the same common promotional plan, shall be waived, and an inspection thereof shall be made in connec tion with the next succeeding annual on-site reinspection.

(g) In those cases where an on-site inspection of any subdivision has been made under the provisions of this Act, the report reflecting the findings and conclusions resulting from such inspection shall be made available to the developer within thirty (30) days after such inspection is completed.

Section 11. (a) Every sales contract relating to the purchase of real property in a subdivision shall state clearly the legal description of the parcel being sold, the principal balance of purchase price outstanding at the date of the sales contract, after full credit is given for down payment, and the terms of the sales contract.

(b) Every sales contract relating to the purchase of real property in the subdivision shall provide that the purchaser shall receive his war ranty deed to the property (together with a copy of any purchase money deed to secure debt, or purchase money mortgage, as may be specified in the sales contract) within not more than 120 days from the date of execution of the contract; provided, however, that in the case of contracts to purchase dwelling units not yet completed, the warranty deed need not be delivered until 120 days after such completion.

Section 12. A copy of the instruments executed in connection with the sale of parcels within a subdivision shall be kept available in this State and subject to inspection by the Secretary of State. The Secre tary of State shall be notified when any change of address affecting the location of the owner's, subdivider's or agent's records or of any change in depository for the impounding of purchasers' payments under this Act. The Secretary of State may adopt rules and regulations to enforce this Act.
Section 13. Any owner, agent or subdivider who fails to pay, when due, the registration and inspection fees stated by this Act, and continues to sell or offers to sell subdivided lands, shall be liable civilly in an action brought by the Secretary of State for a penalty in an amount equal to treble the unpaid fees.
Any owner, agent or subdivider who fails to pay, when due, any registration and inspection fees required by this Act, shall be liable, in an action brought by the Secretary of State, for cancellation and revocation of the underlying certificate of registration.
Section 14. Whenever, in the opinion of the Secretary of State, any person violates any provision of this Act, or if an examination of the project discloses that the sale would constitute misrepresentation or

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deceit or fraud as to any purchaser of any lot or parcel in a sub division, the Secretary of State may issue against the subdivider a rule to show cause why an order to cease and desist should not be entered against him. The said rule shall clearly set forth the grounds relied upon by the Secretary of State and shall provide the subdivider a period of seven days from date of receipt of the rule to answer the said rule to the satisfaction of the Secretary of State, and if the subdivider fails to answer the said rule to the satisfaction of the Secretary of State, an order to cease and desist the sale of the subdivided lands shall issue forthwith. If, after such an order is made, a requst for a hearing is filed in writing and a hearing is not held within sixty days thereafter, that order is rescinded by such inaction.

Section 15. Notwithstanding the provisions of Section 2, every subdivider and every officer, agent or employee of any landowner or subdivider and every other person, who knowingly authorizes, directs or aids in the utterance, publication, advertisement, distribution or circularization of any false statement or misrepresentation concerning
any such land or subdivision offered for sale, and every person with knowledge that any advertisement, pamphlet, report, prospectus or letter concerning any such land or subdivision contains any written statement that is false or fraudulent, who issues, circulates, publishes or distributes the same, or causes the same to be issued, circulated, published or distributed, is guilty of a felony. Without limiting the generality of the foregoing, any advertisement, brochure, representa tion or depiction that illustrates or represents any improvements which do not exist in the subdivision at the time the same is made shall be deemed to be a misrepresentation unless the same is clearly identified as not being in existence at such time. Upon conviction such person may be imprisoned for not more than one year or fined not to exceed $5,000.00, or both such fine and imprisonment.

Section 16. In the event any subdivider or his agents or employees shall contact prospective purchasers by means of unsolicited telephone calls, and such prospective purchaser notifies the subdivider in writing, that such prospective purchaser has no interest in purchasing a lot in
the subdivision and does not desire to be called again, it shall be there
after a violation of this Act for such subdivider, his employees or
agents, to subsequently contact such prospective purchaser by tele
phone with respect to the subdivision without prior request by the
prospective purchaser.

Section 17. Except as hereinafter provided, only persons, licensed and acting pursuant to provisions of Code Chapter 84-14, as amended, shall engage in the sale, offer to sell or solicitation to buy a lot in any subdivision. Nothing herein shall limit the right of an individual to sell or otherwise deal with his own land; in the case of a corporation, the two principal executive officers may sell lots otherwise covered by this Act, without regard to the requirements of this Section, or the corpora tion may designate to the Georgia Real Estate Commission two other bona fide officers who may do so in lieu of the two principal executive officers.

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Section 18. The following acts shall be unlawful:

(a) To engage in the business of selling and conveying parcels of land from real estate subdivisions without a certificate of registra tion from the Secretary of State pursuant to this Act.

(b) Willful violation or failure to comply with any provision of this Act.

(c) Willful violation, or failure to obey, and to comply with any order, decision, or requiremnt lawfully made by the Secretary of State pursuant to this Act.

(d) The offering for sale as an agent, salesman, or broker for a subdivider, developer, or owner of subdivided lands or a subdivision, wherever situated, which is being offered for sale within this State with out first complying with this Act.

The above acts shall constitute a misdemeanor and, upon conviction thereof, a person shall be punished as for a misdemeanor. Each separate violation shall be deemed a separate offense and punished accordingly.

Section 19. The fee for the filing of the application of the initial certificate of registration shall be $500.00. There shall be no fee charged for amendments to certificates of registration as a result of amendments to the initial filing. The fee for annual renewal of a certificate of registration is $100.00.

Section 20. The purchaser may rescind any contract for the pur chase of a lot in a subdivision and receive return of all monies paid by him together with interest at the rate of 7 % per annum if the subdivider or his agents or employees shall violate any provision of this Act or fail to comply with the public property report required by subsection (h) of Section 3, or, in the alternative, maintain an action to recover the actual damages incurred by such purchaser due to such noncompliance or violation. In any action for recision or damages, the pur chaser, if he prevails, shall receive his reasonable attorney's fees and expenses of litigation.

Section 21. Whenever the certificate of approval of a subdivision by any Area Planning and Development Commission shall be required, the Area Planning and Development Commission shall apply as criteria for the approval of such development standards which will lessen con gestion in the roads and streets; secure safety from fire, flood, erosion, and other dangers; provide adequate light and air; promote the health and general welfare; encourage such distribution of population and such classification of land uses and distribution of land development and utilization as will tend to facilitate economic and adequate pro visions for transportation, communications, roads, airports, water supply, drainage, sanitation, education, recreation or other public re quirements; conserve and develop the natural resources; and protect the food supply. Such criteria shall be developed with reasonable con sideration, among others, to the existing character of the surrounding territory and its peculiar suitability for particular uses, and to the

THURSDAY, FEBRUARY 3, 1972

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minimum and maximum amounts of land required for particular uses, and with a general view of promoting desirable living conditions and the sustained stability of neighborhoods, protecting property against blight and depreciation, securing economy in governmental expenditures, and encouraging the most appropriate use and management of land in the county.

Section 22. Nothing contained within this Act shall be deemed or construed to affect in any way or repeal the "Out of State Land Sales Act", approved April 12, 1971 (Ga. Laws 1971, p. 856).

Section 23. All rules or regulations issued and all hearings con ducted by the Secretary of State, and any appeals therefrom, shall be conducted in accordance with the Georgia Administrative Procedure Act.

Section 24. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 25. This Act shall be known and may be cited as the "Georgia Land Development Act of 1972".

Section 26. All laws and parts of laws in conflict with this Act are hereby repealed.

The following substitute, offered by Mr. Levitas of the 77th, was read:
A BILL
To be entitled an Act to regulate the sale and offer to sale of certain subdivided lands and practices pertaining thereto; to provide for definitions; to provide for exceptions; to require registration with the Secretary of State; to require the filing of certain information pertain ing to subdivided lands; to provide for the powers, duties and responsi bilities of the Secretary of State; to require certain information be given to prospective purchasers of subdivided lots; to prohibit certain advertisements, representations and sales practices pertaining to the sale of such lots; to prohibit certain acts; to provide for penalties; to provide for registration fees; to provide for the recision of certain contracts for the purchase of lots and damages; to provide the pro cedures connected with the foregoing; to provide for severability; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

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Section 1. When used in this Act, unless the context otherwise requires:

(a) "subdivided land" and "subdivision" means improved or un improved lands, divided or proposed to be divided, into 150 or more lots or parcels, and also includes any land, whether contiguous or not, if 150 or more lots, parcels, units or interests are offered as a part of a com mon promotional plan of advertising and sale, and if such land is known, designated or advertised as a common unit or by a common name.

(b) "sale" includes sale, lease, assignments, award by lottery, or any other solicitation or offer to do any of the foregoing concerning a subdivision or any part of a subdivision, if undertaken for gain or profit;

(c) "person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or com mercial entity;

(d) "offer" includes every inducement, solicitation or attempt to encourage a person to acquire an interest in a subdivision or subdivided land, if undertaken for gain or profit;

(e) "contiguous lands" means any additional subdivided land ad jacent to or adjoining the subdivided land included in any earlier sub division for which a certificate of registration has been issued and which are offered under the same common subdivision name and the same common promotional plan of advertising and sale;

(f) "blanket encumbrance" means a deed to secure debt, trust deed or mortgage or mechanics lien or any other lien or financial en cumbrance, securing or evidencing money debt and affecting land to be subdivided or affecting more than one lot or parcel of subdivided land; or an agreement affecting more than one such lot or parcel by which the subdivider holds such subdivision under an option, contract to pur chase, or trust agreement. But taxes and assessments levied by public authority are not deemed to be an encumbrance under this Act.

(g) "fully developed lots" means lots for which all announced, advertised and planned access streets, water, sewage, and utility services have been constructed or installed and where all announced, advertised and planned amenities have been constructed or installed, or if said announced, advertised or planned amenities have not been constructed or installed, where an adequate bond or other sufficient financial ar rangement for completion has been posted with the governing author ity of the county or municipality where such county or municipality has in effect a comprehensive planning and zoning ordinance.

Section 2. Unless the method of sale is adopted for the purpose of evasion of this Act, the provisions of this Act subject to the provisions of Section 15 do not apply to offers or dispositions of an interest in
land:

THURSDAY, FEBRUARY 3, 1972

1211

(a) by a purchaser of subdivided lands for his own account in a single or isolated transaction;

(b) if fewer than 150 separate lots, parcels, units or interests in subdivided lands are offered by a person;

(c) on which there is a commercial or industrial building, condo minium, shopping center, house, apartment house, or as to which there is a legal obligation on the part of the seller to construct such a building within two years from date of dispositon; or to the sale or lease of land which is restricted by zoning ordinance, covenant, or other legally en forceable means to commercial or nonresidential purposes; or to the sale or lease of land pursuant to plan of development for commercial or nonresidential purposes.

(d) as cemetery lots or interests;

(e) a subdivision as to which the plan of sale is to dispose to ten or fewer persons;

(f) in lots or parcels of 10 or more acres, unconditionally, or of 5 or more acres if there is free and ready access leading to county main tained roads;

(g) the sale or lease of lots or parcels to persons who acquire such lots or parcels for the purpose of engaging in the business of construct ing residences;
(h) the sale or lease of lots or parcels in a subdivision if at least 95% of the lots or parcels of such subdivision are to be sold or leased only to persons who acquire such lots or parcels for the purpose of en gaging in the business of constructing residences;

(i) subdivisions consisting of lots which are fully developed lots as described herein.
Section 3. Before subdivided lands are offered for sale, the subdivider or his agent shall file with the Secretary of State an application upon forms to be supplied by the Secretary of State. A registration fee must accompany the application. The application shall contain the fol lowing information:

(a) The name and address of the fee title owner.

(b) The name and address of the subdivider.

(c) The legal description and acreage of lands, together with a map showing the layout as recorded as proposed, in relation of land to existing streets or roads, waterway, schools, churches, and shopping centers, bus and rail transportation, in the immediate vicinity.

(d) A true statement as to title to the subdivided land, including all encumbrances and unpaid taxes thereon.

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(e) A true statement of the general terms and conditions by which, it is proposed to dispose of the lots in the subdivision, including specimen copies of the general types of forms of contracts or conveyance intended to be used.

(f) A true statement of provision for sewage disposal and public utilities, if any, in the proposed or existing subdivision, including water, electricity, gas and telephone facilities.

(g) Correct reference to applicable zoning ordinances and regula tions.

(h) A proposed public property report, suitable for distribution to any proposed purchaser, if a certificate of registration is issued, which shall contain the following information:

(1) The name and principal address of the subdivider;

(2) A general description of the subdivided lands, stating the total number of lots, parcels, units or interests in the offering;

(3) The significant terms of any encumbrances (except those which will be released from a lot at the time of delivery of warranty deed), easements, liens and restrictions, including zoning and other regulations affecting the subdivided lands and each lot or unit, and a statement of all existing taxes and existing special taxes or assess ments which affect the subdivided lands;

(4) A statement of the use for which the property is offered;

(5) Information concerning all usual and necessary improve ments, and all existing or contemplated future improvements which will be made available, including, without limitation, any improve ments depicted or represented in advertising or otherwise as being available or completed, including streets, water supply, levees, drain age control systems, irrigation systems, sewage disposal facilities, club houses, golf courses and other recreational facilities, and cus tomary utilities, and the estimate costs, date of completion and responsibility for construction and maintenance of existing and pro posed improvements which are referred to in connection with the of fering or disposition of any interest in subdivided lands;

(6) Such additional information consistent with this Act which may be required by the Secretary of State to assure full and fair disclosure to prospective purchasers.

(7) The Secretary of State shall accept as the property report under this Section the property report covering the subdivision filed by the subdivider with the Office of Interstate Land Registration of the Department of Housing and Urban Development, provided that such report is supplemented by any additional information
required under this Act.

THURSDAY, FEBRUARY 3, 1972

1213

(i) The subdivider shall report all material changes with respect to subdivided lands then registered for sale under this Act and the Secretary of State may require that the public property report shall be amended to reflect such material change; and in the event the subdivider wishes to update the public property report, he may do so upon proper application to the Secretary of State.

(j) If the subdivider registers additional subdivided lands to be of fered for sale, he may consolidate the subsequent registration with any earlier registration offering subdivided lands for sale under the same promotional plan, and the public property report shall be amended to include the additional subdivided lands so registered.

(k) One of the following:

(1) A performance bond, payable to the Secretary of State and issued by a bonding company doing business in Georgia, in an amount established or provided by rules or regulations issued by the Secretary of State pursuant to the Administrative Procedure Act for purposes of covering the costs of improvements provided for in (5) of (h) above, and conditioned upon the satisfactory completion and payment for all such improvements.

(2) A letter of credit or guarantee from a commercial bank doing business in Georgia and issued in favor of and payable to the Secretary of State in the same amount and for the same pur poses as set forth for the bond permitted in (1) last above.

(3) A financial statement of the subdivider, certified by a certified public accountant licensed to practice in Georgia, disclosing a net worth equal to at least one and half times the proposed devel opment costs of the subdivision as certified by the said accountant, and the subdivider shall enter into an agreement approved by the Secretary of State, that the said net worth will be maintained until the development is completed or the subdivision is no longer regis tered with the Secretary of State.
The Secretary of State may provide that the amount of such, bond or letter of credit or guarantee may be reduced from time to time as the improvements being bonded or guaranteed are installed.

(1) A certificate of approval or compliance of the proposed de velopment of the subdivision by the local governing authority, if it has a planning and zoning ordinance in effect, that the subdivision is in compliance therewith of the certificate of approval of the proposed de velopment of the subdivision by the appropriate Area Planning and Development Commission when the subdivision is located in a county or municipality in which no planning and zoning ordinance is in effect.

(m) A copy of a title insurance policy or certificate of title issued by a practicing attorney concerning title to the land of the subdivision.

(n) A true copy of a duly recorded plat of the subdivision which indicates thereon each individual lot within the subdivision.

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JOURNAL OF THE HOUSE,

(o) Approval of the appropriate local or State governmental agency for the installation of any facilities provided in (5) of (h) above, such as, but not limited to, approval needed for installation of a sewage system, septic tank, roads, water systems or the like.

Section 4. Upon receipt of the application for registration in proper form, the Secretary of State shall issue a notice of filing to the appli cant. Within 30 days from the date of the notice of filing, the Secretary of State shall enter an order registering the subdivided lands or rejecting the registration. If no order of rejection is entered within 30 days from the date of notice of filing, the land shall be deemed registered.

Section 5. If the Secretary of State affirmatively determines, upon inquiry and examination, that the requirements of this Act have been met, he shall issue a certificate of registration registering the sub divided lands and shall approve the form of the public property report.

Section 6. If the Secretary of State determines, upon inquiry and examination, that any of the requirements of this Act have not been met, the Secretary of State shall notify the applicant that the application. for registration must be corrected in the particulars specified within 15 days after receipt of such notice, or such greater time as he may allow. If the requirements are not met within the time allowed, the Secretary of State shall enter an order rejecting the registration which shall in clude the findings of fact upon which the order is based. The order re jecting the registration shall not become effective for twenty days during which time the applicant may petition for reconsideration and shall be entitled to a hearing.

Section 7. A certificate of registration which has not been re voked or is not suspended shall be renewed annually on the anniver sary date of the issuance of the original certificate upon payment of the. required fee.

Section 8. A copy of the report, when a certificate of registration is granted by the Secretary of State, shall be given by the owner, subdivider or agent to each prospective purchaser prior to the execution of any binding contract or agreement for the sale of any lot or parcel in a subdivision. If such a report is not given at least forty-eight hours prior to such execution, the purchaser may rescind the contract at any time up to forty-eight hours after receiving a copy of the report, except that the contract or agreement may stipulate that the foregoing rescis sion shall not apply in the ease of a purchaser who (1) has received the property report and inspected the lot to be purchased or leased in ad vance of signing the contract or agreement, and (2) acknowledges by his signature that lie has made such inspection and has read and under stood such report. A receipt in duplicate shall be taken from each pur chaser evidencing compliance with this provision. Any such election by the purchaser to void the contract or agreement must, to be valid, be in writing, and telegraphed, mailed or delivered in person within the said forty-eight hour period and must be mailed to the address of the subdivider which appears on the contract or agreement. Receipts taken for any published report shall be kept on file in possession of the owner, subdivider or agent, subject to inspection by the Secretary of State for three years from the date the receipt is taken. The report shall not be

THURSDAY, FEBRUARY 3, 1972

1215

used for advertising purposes unless the report is used in its en tirety. A subdivider whose subdivision is registered under this Act may state in any advertisement of the subdivision the following: "This sub division has been certificated by the Secretary of State of Georgia". No portion of the report shall be underscored, italicized, or printed in larger or heavier type than the balance of the report, unless specifically ap proved or required by the Secretary of State in order to better inform prospective purchasers.

Section 9. It is unlawful for the owner or subdivider to sell lots or parcels within a subdivision subject to a blanket encumbrance unless one of the following conditions is complied with:

(a) Such blanket encumbrance shall contain provisions evidencing the subordination of the lien of the holder (s) of the blanket encum brance to the rights of those persons purchasing from the subdivider, or further evidencing that the subdivider is able to secure releases from such blanket encumbrances with respect to the property; or

(b) The fee title to the subdivision is placed in trust under an agreement or trust acceptable to the Secretary of State until a proper release from each blanket encumbrance, including all taxes, is obtained and title contracted for is delivered to such purchaser; or

(c) A bond to the State of Georgia is furnished to the Secretary of State for the benefit and protecton of purchasers of such lots or par cels, in such amount and subject to terms approved by the Secretary of State. The bond shall be executed by a surety company which is authorized to do business in the State of Georgia, and has given consent to be sued in this State. The bond shall provide for the return of monies paid or advanced by any purchaser, on account of purchase of any such lot or parcel if (1) the title contracted for is not delivered, and (2) a full release from each blanket encumbrance is not obtained. If it is determined that such purchaser, by reason of default or otherwise, is not entitled to the return of such monies, or any portion therof, then such bond is released by the amount of monies to which such purchaser of parcel is not entitled.

Section 10. The Secretary of State shall investigate every such subdivision offered for sale in this State and may:

(a) Rely upon any relevant information concerning a subdivision obtained from the Federal Housing Administration, the United States Veterans Administration or any other federal agency having comparable duties in relation to subdivision of real property.

(b) Require the applicant to submit reports prepared by competent engineers as to any hazard to which any subdivision offered for sale is subject in the opinion of the Secretary of State, or any factor which affects the utility of lots or parcels within the subdivision.

(c) May make an on-site inspection of each subdivision. In con nection with any on-site inspection, the owner, subdivider or agent shall

1216

JOURNAL OF THE HOUSE,

defray all reasonable expenses incurred by the inspector(s) in the course of the inspection.

(d) May make an annual on-site reinspection of each subdivision. In connection with any such reinspection, the owner, subdivider or agent shall defray all reasonable and necessary expenses incurred by the in spector (s) in the course of the inspection.

(e) Require the owner, subdivider or agent to deposit the expenses to be incurred in any inspection or reinspection, in advance, based upon an estimate by the Secretary of State of the said expenses likely to be incurred.

(f) In those cases where an on-site inspection of any subdivision has been made under the provisions of this Act, an inspection of a sub sequent registration submitted as an amendment to said registration covering subdivided land to be sold under the same common promotional plan, shall be waived, and an inspection thereof shall be made in con nection with the next succeeding annual on-site reinspection.

(g) In those cases where an on-site inspection of any subdivision has been made under the provisions of this Act, the report reflecting the findings and conclusions resulting from such inspection shall be made available to the developer within thirty (30) days after such in spection is completed.

Section 11. (a) Every sales contract relating to the purchase of real property in a subdivision shall state clearly the legal description of the parcel being sold, the principal balance of purchase price out standing at the date of the sales contract, after full credit is given for down payment, and the terms of the sales contract.

(b) Every sales contract relating to the purchase of real property in the subdivision shall provide that the purchaser shall receive his warranty deed to the property (together with a copy of any purchase money deed to secure debt, or purchase money mortgage, as may be. specified in the sales contract) within not more than 120 days from the date of execution of the contract; provided, however, that in the case of contracts to purchase dwelling units not yet completed, the warranty deed need not be delivered until 120 days after such completion.

Section 12. A copy of the instruments executed in connection with the sale of parcels within a subdivision shall be kept available in this State and subject to inspection by the Secretary of State. The Secretary of State shall be notified when any change of address affecting the location of the owner's, subdivider's or agent's records or of any change in depository for the impounding of purchasers' payments under this Act. The Secretary of State may adopt rules and regulations to enforce this Act.

Section 13. Any owner, agent or subdivider who fails to pay, when due, the registration and inspection fees stated by this Act, and con tinues to sell or offers to sell subdivided lands, shall be liable civilly in

THURSDAY, FEBRUARY 3, 1972

1217

an action brought by the Secretary of State for a penalty in an amount equal to treble the unpaid fees.

Any owner, agent or subdivider who fails to pay, when due, any registration and inspection fees required by this Act, shall be liable, in an action brought by the Secretary of State, for cancellation and revo cation of the underlying certificates of registration.

Section 14. Whenever, in the opinion of the Secretary of State, any person violates any provision of this Act, or if an examination of the project discloses that the sale would constitute misrepresentation or deceit or fraud as to any purchaser of any lot or parcel in a subdivi sion the Secretary of State may issue against the subdivider a rule to show cause why an order to cease and desist should not be entered against him. The said rule shall clearly set forth the grounds relied upon by the Secretary of State and shall provide the subdivider a period of seven days from date of receipt of the rule to answer the said rule to the satisfaction of the Secretary of State, and if the subdivider fails to answer the said rule to the satisfaction of the Secretary of State, an order to cease and desist the sale of the subdivided lands shall issue forthwith. If, after such an order is made, a request for a hearing is filed in writing and a hearing is not held within sixty days thereafter, that order is rescinded by such inaction.

Section 15. Notwithstanding the provisions of Section 2, every subdivider and every officer, agent or employee of any landowner or subdivider and every other person, who knowingly authorizes, directs or aids in the publication, advertisement, distribution or circularization of any false statement or misrepresentation concerning any such land or subdivision offered for sale, and every person with knowledge that any advertisement, pamphlet, report, prospectus or letter concerning any such land or subdivision contains any written statement that is false or fraudulent, who issues, circulates, publishes or distributes the same, or causes the same to be issued, circulated, published or distrib uted, is guilty of a felony. Without limiting the generality of the fore going, any advertisement, brochures, representation or depiction that illustrates or represents any improvements which do not exist in the subdivision at the time the same is made shall be deemed to be a mis representation unless the same is clearly identified as not being in ex^ istence at such time. Upon conviction such person may be imprisoned for not more than one year or fined not to exced $5,000.00, or both such fine and imprisonment.

Section 16. In the event any subdivider or his agents or employees shall contact prospective purchasers by means of unsolicited telephone calls, and such prospective purchaser notifies the subdivider in writing, that such prospective purchase has no interest in purchasing a lot in the subdivision and does not desire to be called again, it shall be there after a violation of this Act for such subdivider, his employees or agents, to subsequently contact such prospective purchaser by telephone with respect to the subdivision without prior request by the prospective purchaser.

Section 17. Except as hereinafter provided, only persons, licensed and acting pursuant to provisions of Code Chapter 84-14, as amendeds

1218

JOURNAL OF THE HOUSE,

shall engage in the sale, offer to sell or solicitation to buy a lot in any

subdivision. Nothing herein shall limit the right of an individual to sell

or otherwise deal with his own land; in the case of a corporation, the

......

two principal executive officers may sell lots otherwise covered by this

Act, without regard to the requirements of this Section, or the corpora-

, : tion may designate to the Georgia Eeal Estate Commission two other

bona fide officers who may do so in lieu of the two principal executive

officers.

Section 18. The following acts shall be unlawful:

(a) To engage in the business of selling and conveying parcels of land from real estate subdivisions without a certificate of registration from the Secretary of State pursuant to this Act.

(b) Willful violation or failure to comply with any provision of this Act.

(c) Willful violation, or failure to obey, and to comply with any order, decision, or requirement lawfully made by the Secretary of State pursuant to this Act.

(d) The offering for sale as an agent, salesman, or broker for a subdivider, developer, or owner of subdivided land or a subdivision, wherever situated, which is being offered for sale within this State without first complying with this Act.

The above acts shall constitute a misdemeanor and, upon conviction thereof, a person shall be punished as for a misdemeanor. Each separate violation shall be deemed a separate offense and punished accordingly.

Section 19. The fee for the filing of the application of the initial certificate of registration shall be $100.00. There shall be no fee charged for amendments to certificates of registration as a result of amendments to the initial filing. The fee for annual renewal of a certificate of registration is $50.00.

Section 20. The purchaser may rescind any contract for the pur chase of a lot in a subdivision and receive return of all monies paid by him together with interest at the rate of 7% per annum if the subdivider or his agents or employees shall violate any provision of this Act or fail to comply with the public property report required by sub section (h) of Section 3, or, in the alternative, maintain an action to recover the actual damages incurred by such purchaser due to such noncompliance or violation. In any action for recision or damages, the purchaser, if he prevails, shall receive his reasonable attorney's fees and expenses of litigation.
Section 21. Whenever the certificate of approval of a subdivision by any Area Planning and Development Commission shall be required, the Area Planning and Development Commission shall apply as criteria for the approval of such development standards which are prescribed by the provisions of Section 2 of Georgia Laws 1946, page 191, 192. The

THURSDAY, FEBRUARY 3, 1972

1219

Area Planning and Development Commission shall render the decision within 30 days after the application is filed.

Section 22. Nothing contained within this Act shall be deemed or construed to affect in any way or repeal the "Out of State Land Sales Act", approved April 12, 1971 (Ga. Laws 1971, p. 856).

Section 23. All rules or regulations issued and all hearings con ducted by the Secretary of State, and any appeals therefrom, shall be conducted in accordance with the Georgia Administrative Procedure Act.

Section 24. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would foe declared or adjudged invalid or unconstitutional.

Section 25. This Act shall be known and may be cited as the "Georgia Land Sales Act of 1972".

Section 26. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read and adopted:
Mr. Russell of the 77th moves to amend the floor substitute to HB 1206 by adding a new sub-section 2(J) to read as follows:
"2(J) Where no representation, promises, or agreements are made that any improvements or amenities will be provided in the property by the subdivider but rather than any improvements or amenities will be furnished by the purchaser."

An amendment by Mr. Moore of the 6th, was read and withdrawn by unani mous consent.

The following amendments were read and adopted:



'Mr. Groover of the 27th moves to amend the floor substitute to

HB 1206 by making the period in line 27 of page 1 a comma and adding

the following:

.:

"and proposes as a part of the promotion thereof to have facilities constructed therein (except, streets) used for other than residential purposes."

1220

JOURNAL OF THE HOUSE,

Mr. Adams of the 9th moves to amend the floor substitute to HB 1206 by deleting the words "Has been posted with" in lines 4 and 5 of page 3, and by inserting in lieu therof the words "is required by".

Mr. Murphy of the 19th moves to amend the floor substitute to HB 1206 by striking from Section 3, Sub-Section (b)-3 on lines 13 and 14 the following words:

"(except those which will be released from a lot at the time of delivery of warranty deed)."
Mr. Larsen of the 113th moves to amend the floor substitute to HB 1206 by striking the period from the word "inspection" on line 32 of page 11, and by adding:
", provided that such expenses do not exceed $50.00 per inspection."; and by striking the period after the word "inspection" on line 4 of page 12 and adding:
", provided that such expenses do not exceed $50.00 per inspection."; and by striking Sub-Section E of Section 10 on Page 12, and renumber ing the remaining Sections accordingly.

Messrs. Brown and Evans of the 81st moves to amend the floor sub stitute to HB 1206 by adding at the end of Section l(a) the following:

"Provided, however, that when any 'person' develops less than 150 lots in a portion of a single parcel of land for development after
the completion of the first portion, said development shall not be deemed 'subdivided land' or 'subdivision.'"

Mr. Egan of the 116th moves to amend the floor substitute to HB 1206 as follows: by adding to Section 3 the following to be numbered Section 3 (h) (8) :

"There shall be conspicuously printed on the front cover of each property statement the following:

NOTICE TO BUYER

You are entitled to receive this property report before you sign any contract to purchase property described in this report. If you did not, you are entitled to rescind your contract for 48 hours after receiving this report. To rescind your contract you must notify the seller in writing of your intent to rescind and this notice must be telegraphed, mailed or delivered to the seller within 48 hours after receiving this property statement."

Mr. Peters of the 2nd moves to amend the floor substitute to HB 1206 as follows:

by striking line 7 of page 7 in its entirety and substituting in lieu there of the following:

THURSDAY, FEBRUARY 3, 1972

1221

"commercial bank or other financial institution doing business in the State of Georgia or adjoining state and".

The floor substitute, as amended, was adopted.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexonder, W. M. Alien tAtherton jBarfield 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 Busbee Carr
Carter Chance Chandler Clements Cole Collins, S. Colwell Coney, G. D. Coney, J. L.

Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison Hays

Hill, G. Hood Horton Housley Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson
Jones, Herb Jones, J. R. Jordan Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton

1222
Merritt ! Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Qxford : Patterson Patten Pearce Peters Phillips, G. S.

JOURNAL OP THE HOUSE,

Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Roach Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sims Smith, J. R. Smith, V. T. Snow

Sorrells Stephens Strickland Sweat Thomason Thompson Townsend Triplett Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting1 in the negative were Messrs.

Bennett, J. T., Jr. Chappell Cheeks Connell Dent Ployd, J. H.

Howard King Logan Matthews, C. MeCracken Miles

Rainey Ross Sherman Smith, H. R. Toles

Those not voting were Messrs.:

Burruss Collier Collins, M. Conger Hawes
. L.

Howell Keyton Larsen, G. K. Murphy Pickard

Reaves Russell, H. P. Vaughn Wamble Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 17.

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

Mr. Lars'en of the 113th stated that he had been called from the floor of the House when the roll was called on the passage of HB 1206, by substitute, as amended, but had he been present would have voted "aye".

THURSDAY, FEBRUARY 3, 1972

1223

By unanimous consent, HB 1206, by substitute, as amended, was ordered immediately transmitted to the Senate.

Mr. Mullinax of the 30th moved that the following Bill of the House be withdrawn from the Committee on Health and Ecology and referred to the Com mittee on Industrial Relations:

HB 1599. By Messrs. Mullinax of the 30th, Battle of the 90th, Hudson of the 48th, Reaves of the 71st and Patterson of the 20th: A Bill to be entitled an Act to provide for occupational safety ana health; and for other purposes.
The motion prevailed.
Mr. Mullinax of the 30th moved that the following Bill of the House be withdrawn from the Committee on Health and Ecology and referred to the Committee on Industrial Relations:

HB 1600. By Messrs. Mullinax of the 30th, Battle of the 90th, Hudson of the 48th, Reaves of the 71st and Patterson of the 20th:

A Bill to be entitled an Act to amend Code Section 88-111, relating to

the administration of funds of the Department of Public Health, so as

to delete certain provisions relating to the conducting of programs of

industrial hygiene, control of ionizing and radiation, and occupational

health; and for other purposes.

',

The motion prevailed.

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

HB 1293. By Mr. Alexander of the 108th:

;

A Bill to be entitled an Act to amend an Act providing for confirmation of sales under foreclosure proceedings on real estate, so as to provide that no sale of real estate under powers contained in deeds to secure debt shall be valid unless notice of intent to sell has been mailed by the grantee to the debtor by certified mail at least ten days prior to: the date on which advertisement first appeared; and for other purposes.

1224

JOURNAL OF THE HOUSE,

The following Committee amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1293 as follows:
By inserting in the title following the word "grantee" on line 6 of page 1 the following:
", assignee or transferee".
By inserting in the title following the word "occur" on line 11 of page 1 the following:
"; to provide that the requirement of notice of intent to sell such property shall not be waivable".
By inserting, following the word "grantee" on line 23 of page 1 the following:
", assignee or transferee".
By inserting, following "occur." on line 1 of page 2 the following:
"The requirement that notice of intent to sell such property re quired by this Section shall not be waivable by any party to a secur ity deed. A recitation that this section has been complied with in the deed made pursuant to said sale shall as to a bonafide third party purchaser without notice be conclusive evidence of com pliance."

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., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bennett, Tom Berry Black

Bohannon 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 Cole Collins, M. Collins, S.

Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Howard

THURSDAY, FEBRUARY 3, 1972

1225

Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. King Knight Knowles Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin Maxwell McCracken McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford

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

Those not voting were Messrs.:

Barfield Bell Bennett, J. T., Jr. Blackshear Burruss Collier

Colwell Dean, J. E. Felton Gunter Housley Howell

Jordan Keyton Lane, Dick Logan Matthews, C. McDaniell

1226
Miller Noble Pickard Rainey

JOURNAL OF THE HOUSE,

Ross Russell, H. P. Russell, W. B.

Thompson Vaughn Mr. Speaker

On the passage of the Bill, as amended, the ayes were 167, nays 0.

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

HB 1488. By Messrs. Groover of the 27th, Cole of the 3rd, Hudson of the 28th and others:
A Bill to be entitled an Act to provide that the State of Georgia shall assist certain counties of this State with the delineation of boundary lines of Georgia House of Representatives and Senate districts and the compilation and preparation of voters' lists necessitated by the reapportionment of the General Assembly of Georgia based upon the United States Decennial Census of 1970; and for other purposes.

Mr. Brown of the 81st moved that further consideration of HB 1488 be post poned for a period of ten minutes.

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

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Battle Bennett, Tom Berry Black Bond Bostick
Brantley, H. H. Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carr
Carter

Collier Collins, S. Coney, G. D. Coney, J. L. Connell Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent
Egan Evans Ezzard Parrar Ployd, J. H. Floyd, L. R. Gaynor
Geisinger

Gignilliat Granade Gunter Ham Hamilton Harris Horton Housley Hutchinson Jessup Jordan
King Kreeger Lane, Dick Lee, W. S. Levitas Marcus Matthews, D. R.
Mauldin

McCracken McDaniell
Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Murphy Nessmith

THURSDAY, FEBRUARY 3, 1972

1227

Noble Nunn Oxford Pearce Phillips, G. S. Pinkston Roach Rush Russell, W. B. Savage Scarborough

Shanahan Sims Smith, H. R. Smith, J. R. Stephens Sweat Thomason Thompson Town send Wilson Wood, J. T.

Those voting in the negative were Messrs.

Adams, John Atherton Bohannon Brantley, H. L. Burruss Chappell Clements Cole Collins, M. Colwell Conger Dailey Dixon Dorminy Edwards Fraser Grantham Greer Griffin Groover Harrington Harrison

Hays Hill, G. Howard Hudson, C. M. Hudson, Ted Isenberg Johnson Jones, J. R. Keyton Knight Knowles Lambert Larsen, G. K. Leggett Lewis Logan Lowrey Matthews, C. Maxwell McDonald Milford Mullinax

Patterson Patten Peters Phillips, L. L. Phillips, W. R. Poole Potts Rainey Russell, H. P. Salem, Smith, V. T. Snow Strickland Toles Triplett Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Williams Wood, R. E.

Those not voting were Messrs.:

Barfield Bell Bennett, J. T., Jr. Blackshear Bowen Bray Chance Chandler Cheeks Cook Dean, N. Drury Felton

Gary Grahl Hawes Hill, B. L. Hood Howell Jones, Herb Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Longino Mason Northcutt

Odom Pickard Reaves Ross Russell, A. B. Shepherd Sherman Sorrells Vaughn Wamble Whitmire Mr. Speaker

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On the motion to postpone, the ayes were 91, nays 66.

The motion prevailed.

At the specified time, HB 1488 was again taken up for consideration.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide that the State of Georgia shall assist certain counties of this State with the delineation of boundary lines of Georgia House of Representatives and Senate districts and the compilation and preparation of voters' lists necessitated by the reapportionment of the General Assembly of Georgia based upon the United States Decennial Census of 1970; to provide that the Secretary of State with the assistance of the State Election Board shall provide such assistance; to provide for alternative benefits; to provide for qualifica tions and limitations on the benefits provided by this Act; to provide for the reimbursement of certain costs; to provide for clerical and technical assistance; to provide for rules and regulations; to provide that any funds necessary to carry out the provisions of this Act shall come from certain State funds; to provide that this Act shall be ap plicable only to the preparation of certain boundary descriptions and voters' lists and the expenses and costs connected therewith; to provide for other 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. (a) The State of Georgia may assist, as hereinafter provided, any county of this State, where the territory of any such county is embraced within more than one district for the election of members of the Georgia House of Representatives or Senate and which representative district or senatorial district or districts include portions of more than one county, with the delineation of the boundary lines of House and Senate districts and the compilation and preparation of voters' lists, necessitated by the reapportionment of the General As sembly of Georgia based upon the United States Decennial Census of 1970.
(b) The assistance to be provided to qualified counties by the State shall be as follows:
(1) Upon the request of the election officials of any qualified county, the Secretary of State with the assistance of the State Election Board may assist local election officials with the prepara tion of descriptions of the boundaries of House and Senate districts located within, or partially within, such county. The Secretary of

THURSDAY, FEBRUARY 3, 1972

1229

State and said Board may also assist local election officials to compile, prepare and furnish voters' lists reflecting changes neces sitated by the reapportionment of the General Assembly.

(2) Upon the filing of a written waiver of the assistance pro vided by paragraph 1 executed by the election officials of any qualified county, a qualified county shall be reimbursed for all reasonable expenses incurred by such county and directly related to the preparation of district boundary descriptions or voters' lists reflecting changes necessitated by the reapportionment of the General Assembly; provided, however, that such reimbursement of costs shall not exceed $1.00 per registered voter whose name ap peared on such county's voters' list on January 1, 1972. Any quali fied county seeking reimbursement of such costs shall present an itemized description of such costs to the Secretary of State. If the Secretary of State, after a review of the report of such costs incur red by a county, shall find that such cost were reasonable and were directly related to the preparation of such descriptions and lists, he shall approve such request and shall submit a copy of the request, with his approval endorsed thereon, to the State Treasurer for pay ment.

Section 2. The State Board of Elections is hereby authorized to employ such clerical and technical assistance as shall be necessary to carry out the provisions of this Act. The Board is further authorized to promulgate rules and regulations for the determination of what shall be a reasonable cost directly related to the preparation of descriptions and lists. The Board is further authorized to promulgate such other rules and regulations as may be necessary or convenient to carry out the provisions of this Act.

Section 3. Any State funds necessary to carry out the provisions of this Act shall come from those funds appropriated to the legislative branch of government for election expenses.

Section 4. The provisions of this Act shall be applicable to the preparation of boundary descriptions and voters' lists, and the expenses and costs connected therewith which are incurred prior to the 1972 general election, necessitated by the reapportionment of the General Assembly of Georgia in accordance with the United States Decennial Census of 1970.

Section 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

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

The following amendment was read and adopted:

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Mr. Egan of the 116th moves to amend the Committee substitute to HB 1488 as follows:

By adding on line 30, page 2 after the word "list" the words "as living within the district or districts involved".

An amendment, offered by Mr. Brown of the 81st, was read and withdrawn by unanimous consent.

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., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, J. T., Jr. Bennett, Tom Berry Black Bohannon Bond Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell

Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Eraser Gary

Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb

THURSDAY, FEBRUARY 3, 1972

1231

Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton

Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Reaves Roach Ross

Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, V. T. Snow S orrells Stephens Sweat Toles Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs,:

Barfield Blackshear Bostick Buck Cook
Dean, J. E.
Drury
Felton

Hill, B. L. Hood Larsen, W. W. Merritt Rainey
Russell, A. B.
Shepherd

Smith, J. R. Strickland Thomason Thompson Townsend
Vaughn
Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 173, nays 0.

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

By unanimous consent, HB 1488, by substitute, as amended, was ordered immediately transmitted to the Senate.

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HB 571. By Messrs. Leggett of the 67th, Drury of the 66th and Harrison of the 58th:
A Bill to be entitled an Act relating to the application of fungicides, herbicides, defoliants, desiccants, etc; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act relating to the application of fungicides, herbicides, defoliants, desiccants, plant growth regulators, nematocides, and any other pesticides by aircraft or ground equipment or manually in the State of Georgia; to provide a short title; to provide definitions; to provide for licenses; to provide for inspections; to provide for penal ties, subpoenas and enforcement provisions; to provide for bonds; to provide for record keeping; to provide for the use and application of chemicals by any means; to provide for appeals; to provide for other matters relative thereto; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Short Title. This Act shall be known and cited as the "Georgia Pesticide Use and Application Act".
Section 2. Enforcing Official. This Act shall be administered by the Commissioner of the Department of Agriculture, hereinafter referred to as the "Commissioner". In the administration of this Act, the Commissioner may appoint a Pesticide Advisory Board for the purpose of advising him on all matters relating to pesticides, their use and application.
Section 3. Declaration of Purpose. The purpose of this Act is to regulate in the public interest, the use and application of insecticides, fungicides, herbicides, defoliants, desiccants, plant growth regulators, nematocides, rodenticides, and any other pesticides designated by the Commissioner by regulation.
Section 4. Definitions. As Used in this Act:
(a) "Pest" means, but is not limited to, any insect, fungus, rodent, nematode, snail, slug, weed and any form of plant or animal life or virus (except virus on or in living man or other animal) which is normally considered to be a pest or which the Commissioner may declare to be a pest.
(b) "Pesticide" means, but is not limited to, (1) any substance or mixture of substances, including any living organism or any product derived therefrom, intended to prevent, destroy, control, repel, attract, or mitigate any insect, rodent, nematode, snail, slug, fungus, weed and

THURSDAY, FEBRUARY 3, 1972

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any other form of plant or animal life or virus (except virus on or in living man or other animal) which is normally considered to be a pest or which the Commissioner may declare to be a pest; (2) any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant; and (3) any other substances intended for such use as may be named by the Commissioner by regulation after calling a public hearing for such purpose.

(c) "Insecticide" means any substance or mixture of substances intended to prevent, destroy, repel, attract, or mitigate any insects which may be present in any environment whatsoever.

(d) "Fungicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any fungi.

(e) "Herbicide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate any weed.

(f) "Defoliant" means any substance or mixture of substances intended to cause the leaves or foliage to drop from a plant with or without causing abscission.

(g) "Desiccant" means any substance or mixture of substances intended to artificially accelerate the drying of plant tissues.

(h) "Plant regulator" means any substance or mixture of sub stances intended, through physiological action, to accelerate or retard the rate of growth or maturation, or to otherwise alter the behavior of plants but shall not include substances insofar as they are intended to be used as plant nutrients, trace elements, nutritional chemicals, plant inoculants or soil amendments.

(i) "Rodenticide" means any substance or mixture of substances intended to prevent, destroy, repel, attract or mitigate rodents or any other vertebrate animal which the Commissioner may declare to be a pest.

(j) "Nematocide" means any substance or mixture of substances intended to prevent, destroy, repel, or mitigate nematodes.

(k) "Insect" means any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class insecta, comprising six-legged, usually winged forms, as for example beetles, bugs, wasps, flies, and to other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example spiders, mites, ticks, centipedes, and wood lice.

(1) "Fungi" means all nonchlorophyll-bearing thallophytes (that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts) as, for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living man or other animals.

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(m) "Weed" means any plant or part thereof which grows where not wanted.

(n) "Nematode" means invertebrate animals of the phylum nemathelminthes and class nematoda, that is, unsegmented round worms with elongated, fusiform, or sac-like bodies covered with cuticle, and inhabiing soil, water, plants, or plant parts; may also be called nemas or eelworms.

(o) "Snails or slugs" include all harmful mollusks.

(p) "Person" means any individual, firm, partnership, association, corporation, company, joint stock association, or body politic, or any organized group of persons whether incorporated or not; and includes any trustee, receiver, assignee, or other similar representative thereof.

(q) "Equipment" means any type of ground, water or aerial equip ment, device, or contrivance using motorized, mechanical or pressurized power and used to apply any pesticide on land and anything that may be growing, habitating or stored on or in such land, but shall not include any pressurized imuu-sized household device used to apply any pesticide or any equipment, device or contrivance of which the person who is applying the pesticide is the source of power or energy in making such pesticide application.

(r) "Restricted use pesticide" means any pesticide, including any highly toxic pesticide, which the Commissioner has found and determined, subsequent to a hearing, to be injurious to persons, pollinating insects, bees, animals, crops, or lands, other than the pests it is intended to prevent, destroy, control or mitigate.

(s) "Engaged in business" means any application of pesticide by any person upon lands of another whether or not said person is licensed under this Act.

(t) "Land" means all land and water areas, including airspace, and all plants, animals, structures, buildings, devices and contrivances, ap purtenant thereto or situated thereon, fixed or mobile, including any used for transportation.

(u) "Pesticide applicator" means any person who owns or manages a pesticide application business which is engaged in the business of applying pesticides upon the lands of another.

(v) "Pesticide operator" means any person employed by a pesticide applicator who operates equipment for the application of pesticides or applies pesticides manually. This term does not include employees who work only under direct "on-the-job" supervision of a licensed pesticide applicator or licensed pesticide operator.

(w) "Public operator" means any person in charge of any equip menmt used boy statie agencies, munniiccipal corporations, or other governmenital agencies applying pesticides.

THURSDAY, FEBRUARY 3, 1972

1235

(x) "Wildlife" means all living things that are neither human, domesticated, nor, as defined in this Act, pests; including, but not limited to mammals, birds and aquatic life.

Section 5. Commissioner to Administer and Enforce Act and Adopt Regulations.

(a) The Commissioner shall administer and enforce the provisions of this Act and shall have authority to issue regulations after a public hearing following due notice to all interested persons to carry out the provisions of this Act and in such regulations may prescribe methods to be used in the application of pesticides. Where the Commissioner finds that such regulations are necessary to carry out the purpose and intent of this Act such regulations may relate to the time, place, manner, and method of application of the pesticides, may restrict or prohibit use of pesticides in designated areas during specified periods of time and shall encompass all reasonable factors which the Commissioner deems necessary to prevent damage or injury by drift or misapplication to:

(1) Plants, including forage plants, or adjacent or nearby lands;

(2) Wildlife in the adjoining or nearby areas;
(3) Fish and other aquatic life in waters in reasonable prox imity to the area to be treated;
(4) Pollinating insects, animals, or persons.
In issuing such regulations, the Commissioner shall give considera tion to pertinent research findings and recommendations of other agen cies of this State or of the federal government. The Commissioner may, by regulation, require that notice of a proposed application of a pesti cide be given to land owners adjoining the property to be treated or in the immediate vicinity thereof, if he finds that such notice is necessary to carry out the purpose of this Act.
(b) The Commissioner may also by regulation, after a public hear ing following due notice, adopt a list of "restricted use pesticide" for the State or for designated areas within the State if he finds that the characteristics of such pesticides require that regulations restricting their use by any person are necessary to prevent injury on lands other than the land to which they are applied or to persons, animals, crops, pests or vegetation other than the pests or vegetation which they are intended to destroy. The Commissioner may include in the regulation the time and conditions of use of such restricted use pesticides and may, if he deems it necessary to carry out the provisions of this Act, require a permit for each application of a restricted use pesticide. Any order issued under this Section shall be based only upon substantial evidence of the record in its entirety taken at the public hearing.
Section 6. Classification of Licenses. The Commission may classify

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licenses to be issued under this Act. Such classifications may include,
but not be limited to, pest control operators, ornamental or agricultural pesticide applicators, or right-of-way pesticide applicators. Separate classification may be specified as to ground, aerial, or manual methods used by any licensee to apply pesticides. Each classification shall be subject to separate testing procedures and requirements: Provided, that no person shall be required to pay an additional license fee if such per son desires to be licensed in one or all of the license classifications pro vided for by the Commissioner under the authority of this Section.

Section 7. Pesticide Applicator's License. No person shall engage in the business of applying pesticides to the lands of another within this State at any time without a pesticide applicator's license issued by the Commissioner. The Commissioner shall require an annual fee of $50.00 for each pesticide applicator's license issued and in addition an inspection fee of $15.00 for each aircraft to be licensed and $5.00 for each piece of ground equipment to be licensed. Unannounced inspections may be made without charge to determine if equipment is properly cali brated and maintained in conformance with laws and regulations.
(a) Application for Pesticide Applicator's License--Form, Content.
Application for a license shall be made in writing to the Commis sioner on a designated form obtained from said Commissioner's office. Each application for a license shall contain information regarding the applicant's qualifications and proposed operations, license classifications or classifications the applicant is applying for, and shall include the following:

(1) The full name of the person applying for the license;
(2) If the applicant is an individual, receiver, trustee, firm, partnership, association, corporation, or other organized group of persons whether or not incorporated, the full name of each member of the firm or partnership, or the names of the officers of the asso ciation, corporation, or group;
(3) The principal business address of the applicant in the State and elsewhere;
(4) The name and address of a person whose domicile is in the State, and who is authorized to receive and accept services of sum mons and legal notice of all kinds for the applicant. The Secretary of State may be designated as provided for in the Department of Agriculture Registration, License and Permit Act;
(5) The model, make, horsepower, and size of any equipment used by the applicant to apply pesticides, and
(6) Any other necessary information prescribed by the Com missioner.

(b) Examination for Pesticide Applicator's License. The Commis-

THURSDAY, FEBRUARY 3, 1972

1237

sioner shall require an applicant for a license to show upon examination that he possesses adequate knowledge concerning the proper use and application of pesticides in the classifications he has applied for, man ually or with the various equipment that he may have applied for a license to operate. The examination shall require a working knowledge
of:

(1) The proper use of the equipment:

(2) The hazards that may be involved in applying the pesti cides, including:

(i) The effect of drift of the pesticides on adjacent and nearby lands and other nontarget organisms;

(ii) The proper meterological conditions for the application of pesticides and the precautions to be taken therewith;

(iii) The effect of the pesticides on plants or animals in the area, including the possibility of damage to plants or animals or the possibility of illegal pesticide residues resulting on them;

(iv) The effect of the application of pesticides to wildlife in the area, including aquatic life;

(v) The identity and classification of pesticides used and the effects of their application in particular circumstances; and

(vi) The likelihood of contamination of water or injury to per sons, plants, livestock, pollinating insects, and vegetation.

(3) Calculating the concentration of pesticidies to be used in particular circumstances;

(4) Identification of common pests to be controlled and the damages caused by such pests;

(5) Protective clothing and respiratory equipment required during the handling and application of pesticides;

(6) General precautions to be followed in the disposal of con tainers as well as the cleaning and decontamination of the equip ment which the applicant proposes to use; and

(7) Applicable State and federal pesticide laws and regulations.
(c) Issuance of Pesticide Applicator's License. If the Commissioner finds the applicant qualified to apply pesticides in the classifications he has applied for, and if the applicant files the bond or insurance re quired under Section 10 of this Act, and if the applicant applying for a license to engage in aerial application of pesticides has met all of the requirements of the Federal Aviation Agency and all aeronautic re-

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quirements of this State for operation of the equipment described in the application, the Commissioner shall issue a pesticide applicator's license limited to the classifications for which he is qualified, which shall expire at the end of the calendar year of issue unless it has been re voked or suspended prior thereto by the Commissioner for cause.

Section 8. License Renewals--Retesting. Application for renewal of any license provided for in this Act shall be due on January 1 of each year. Any person holding a currently valid license may renew such license for the next year without taking another examination un less the Commissioner determines that new knowledge related to classi fications for which the applicant has applied makes a new examination necessary. However, if the license is not renewed by March 1 of each year then such licensee shall again be required to take another exami nation.
Section 9. Grounds for Denial, Suspension, Revocation of License. The Commissioner may suspend, pending inquiry, for not longer than then days, and, after opportunity for a hearing, may deny, suspend, revoke, or modify the provisions of any license issued under this Act, if he finds that the applicant or licensee has committed any of the fol lowing acts, each of which is declared to be a violation of this Act.

(a) Made false or fraudulent claims through any media, misrepre

senting the effect of materials or methods to be utilized;

x

(b) Made a pesticide recommendation or application not in accor dance with the label registered by EPA or a Georgia State registered use unless prior approval has been obtained from the Georgia Depart ment of Agriculture;
(c) Applied known ineffective or improper materials;

(d) Operated faulty or unsafe equipment;

(e) Operated in a faulty, careless, or negligent manner;

(f) Refused, or, after notice, neglected to comply with the provi sions of this Act, the rules adopted hereunder, or of any lawful order of the Commissioner;

(g) Refused or neglected to keep and maintain the records required by this Act, or to make reports when and as required;

(h) Made false or fraudulent records, invoices, or reports;

(i) Engaged in the business of the application of a pesticide with out having a licensed applicator in direct "on-the-job" supervision;

(j) Operated unlicensed equipment;

(k) Used fraud or misrepresentation in making an application for a license or renewal of a license;

THURSDAY, FEBRUARY 3, 1972

1239

(1) Refused or neglected to comply with any limitations or restric tions on or in a duly issued license or permit;

(m) Aided or abetted a licensed or an unlicensed person to evade the provisions of this Act, combined or conspired with such a licensed or an unlicensed person to evade the provisions of this Act, or allowed one's license to be used by an unlicensed person;

(n) Made false or misleading statements during or after an in spection concerning any infestation or infection of pests found on land; or

(o) Impersonated any State, county or city inspector or official.

Section 10. Surety bond or Insurance Required of Pesticide Appli cator Licensee. The Commissioner shall not issue a pesticide applicator's license until the applicant has furnished evidence of financial respon sibility with the Commissioner consisting either of a surety bond or a liability insurance policy or certification thereof, protecting persons who may suffer legal damages as a result of the operations of the applicant.

(a) Amount of Bond or Insurance Required--Notice of Reduction of Cancellation by Surety or Insurer. The amount of the surety bond or liability insurance as provided for in this Section shall not be less than $25,000.00 for property damage and public liability insurance, each separately, and including loss or damage arising out of the actual use of any pesticide. Such surety bond or liability insurance shall be maintained at not less than that sum at all times during the licensed period. The Commissioner shall be notified ten days prior to any re duction at the request of the applicant or cancellation of such surety bond or liability insurance by the surety or insurer: Provided, that the total and aggregate liability of the surety and insurer for all claims shall be limited to the face of the bond or liability insurance policy: Provided, further, that the Commissioner may accept a liability insur ance policy or surety bond, in the proper sum, which has a deductible clause in an amount not exceeding $1,000.00 for aerial applicators and $100.00 for all other applicators for the total amount of liability in surance or surety bond required herein: And provided further, that if the applicant has not satisfied the requirement of the deductible amount in any prior legal claim, such deductible clause shall not be accepted by the Commissioner unless such applicant furnishes the Commissioner with a surety bond or liability insurance which shall satisfy the amount of the deductible as to all claims that may arise in his application of
pesticides.

(b) Cancellation of License when Bond or Insurance Reduced Be low Minimum Requirements. Should the surety furnished become un satisfactory, said applicant shall upon notice execute a new bond or insurance and shall he fail to do so, the Commissioner shall cancel his license and give him notice of said fact and it shall be unlawful there after for such person to engage in said business of applying pesticides until the bond or insurance is brought into compliance with the require ments of Section 10 (a) and his license is reinstated by the Commis sioner.

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(c) Personal Liability for Damage. Nothing in this Act shall be construed to relieve any person from liability for any damage to the person or lands of another caused by the use of pesticides even though such use conforms to the rules and regulations of the Commissioner.

Section 11. Reports of Loss, (a) The person claiming damages from pesticide application shall file with the Commissioner a written statement claiming that he has been damaged, on a form prescribed by the Commissioner, within sixty days after the date that damages occurred, but prior to the time that 25 per cent of a crop damaged shall have been harvested. Such statement shall contain, but shall not be limited to, the name of the person responsible for the application of said pesticide, the name of the owner or lessee of the land on which damage occurred and for which damages are claimed, and the date on which it is alleged that the damage occurred. The Commissioner shall prepare a form to be furnished to persons to be used in such cases and such form shall contain such other requirements as the Commissioner may deem proper. The Commissioner shall, upon receipt of such statement, notify the licensee and the owner or lessee of the land or other person who may be charged with the responsibility, of the damages claimed, and furnish copies of such statements as may be requested.

(b) The filing of such report or the failure to file such a report need not be alleged in any complaint which might be filed in a court of law, and the failure to file the report shall not be considered any bar to the maintenance of any criminal or civil action.

(c) The failure to file such a report shall not be a violation of this Act. However, if the person failing to file such report is the only one injured from such use or application of a pesticide by others, the Com missioner may, when in the public interest, refuse to hold a hearing for the denial, suspension, or revocation of a license or permit issued under this Act until such report is filed.

(d) Where damage is alleged to have been done, the claimant shall permit the licensee and his representatives, such as bondsman or in surer, to observe within reasonable hours the lands or nontarget orga nism alleged to have been damaged in order that such damage may be examined. Failure of the claimant to permit such observation and ex amination of the damaged lands shall automatically bar the claim against the licensee.

Section 12. Licensees to Keep Records--Duration--Submission to Commissioner. The Commissioner shall require licensees to maintain records with respect to applications of pesticides. Such relevant infor mation as the Commissoner may deem necessary may be specified by regulation. Such records shall be kept for a period of five years from the date of the application of the pesticide to which such records refer, and the Commissioner shall, upon request in writing, be furnished with a copy of such records forthwith by the licensee.

Section 13. Inspection of Equipment. The Commissioner may pro vide for inspection of any equipment used for application of pesticides and may require repairs or other changes before its further use for

THURSDAY, FEBRUARY 3, 1972

1241

pesticide application. A list of requirements that equipment shall meet may be adopted by regulation.

Section 14. Reciprocal Agreement. The Commissioner may issue a license on a reciprocal basis with other States without examination to a nonresident who is licensed in another State whose licensing provi sions are substantially in accordance with the provisions of this Act: Provided, that financial security as provided for in Section 12 of this Act is met.

Section 15. Exemptions, (a) Farmer Exemption. The provision of this Act relating to licenses and requirements for their issuance shall not apply to any farmer-owner of ground equipment applying pesticides for himself or his farmer neighbors: Provided, that

(1) He operates farm property and operates and maintains pesticide application equipment primarily for his own use;

(2) He is not regularly engaged in the business of applying pesticides for hire amounting to a principal or regular occupation and that he shall not publicly hold himself out as a pesticide appli cator; and

(3) He operates his pesticide application equipment only in the vicinity of his own property and for the accommodation of his neighbors.

(b) Public Operators. (c) Certain Pest Control Operators.

This Act shall not apply to persons applying pesticides within or under buildings or to or within vehicles used for transporting of per sons or property and regulated under the Georgia Structural Pest Con trol Act.

Section 16. Discarding and Storing of Pesticides and Pesticide Containers. No person shall discard or store any pesticide or pesti cide containers in such a manner as to cause injury to humans, vegeta tion, crops, livestock, wildlife, pollinating insects or to pollute any water way in a way harmful to any wildlife therein. The Commissioner may promulgate rules and regulations governing the discarding and storing of such pesticides or pesticide containers.

Section 17. Legal Recourse. Any person aggrieved by any action of the Commissioner may obtain a review thereof by filing in the Su perior Court within thirty days of notice of the action a written petition praying that the action of the Commissioner be set aside. A copy of such petition shall forthwith be delivered to the Commissioner, and within twenty days thereafter the Commissioner shall certify and file in the court a transcript of any record pertaining thereto, including a tran script of evidence received, whereupon the court shall have jurisdiction to affirm, set aside or modify the action of the Commissioner, except

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that the findings of the Commissioner as to the acts, if supported by substantial evidence, shall be conclusive.

Section 18. Information. The Commissioner may, in cooperation with the colleges or universities publish information and conduct short courses of instruction in the safe use and application of pesticides.

Section 19. Penalty. Any person violating the provisions of this Act or the regulations issued hereunder shall be guilty of a misde-

Section 20. Subpoenas. The Commissioner may issue subpoenas to compel the attendance of witnesses and production of books, documents, and records anywhere in the State in any hearing affecting the authority or privilege granted by a license or permit issued under the provisions of this Act.
Section 21. Enforcement, (a) For the purpose of carrying out the provisions of this Act, the Commissioner may enter upon any public or private premises at reasonable times, in order.
(1) To have access for the purpose of inspecting any equipment subject to this Act and such premises on which such equipment is kept or stored; or
(2) To inspect lands actually, or reported to be, exposed to pesticides; or
(3) To inspect storage or disposal areas; or
(4) To inspect or investigate complaints of injury to humans,, or lands; or
(5) To sample pesticides being applied or to be applied.
Should the Commissioner be denied access to any land where such access was sought for the purposes set forth in this Act, he may apply to any court of competent jurisdiction for a serach warrant authorizing access to such land for said purposes. The court may upon such appli cation issue the search warrant for the purposes requested.
(b) The Commissioner, with or within the aid and advice of the district attorney, is charged with the duty of enforcing the requirements of this Act and any rules or regulations issued hereunder. In the event a district attorney refuses to act on behalf of the Commissioner, the Attorney General shall so act.
(c) The Commissioner may bring an action to enjoin the violation or threatened violation of any provision of this Act or any rule made pursuant to this Act in the superior court of the county in which such violation occurs or is about to occur.

THURSDAY, FEBRUARY 3, 1972

1243

Section 22. Delegation of Duties. The functions vested in the Com missioner by this Act may be delegated by him to such employees of the department or agents as the Commissioner may from time to time designate for such purposes.

Section 23. Cooperation. The Commissioner may cooperate or enter into formal agreements with any other agency or educational institution of this State or its subdivisions or with any agency of any other State or of the federal government for the purpose of carrying out the pro visions of this Act and of securing uniformity of regulations.

Section 24. Exemption from Examination. Any person holding a business license and engaged in application of pesticides as provided for in this Act, on effective date of this Act, shall be exempt from require ment of examinations; provided, he makes application for license within ninety days from effective date of Act.

Section 25. All laws and parts of laws in conflict with this Act are hereby repealed.

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

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

Those voting in the affirmative were Messrs.:

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

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

Davis, E. T. Davis, W. Dent Dixon Dorminy Edwards Evans Ezzard Parrar Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Ham Hamilton

1244
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 Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino

JOURNAL OF THE HOUSE,

Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell Melton Merritt Miles 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, H. P. Russell, W. B. Salem Scarborough Shanahan Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thompson Toles Triplett Tripp Turner Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Wilson
Wood, R. E.

Those voting in the negative were Messrs.:

Dean, N. Johnson Mason

McCracken Milford

Williams Wood, J. T.

Those not voting were Messrs.:

Barfield Blackshear Cook Dean, Gib Dean, J. E. Drury Egan Felton Gaynor Granade

Gunter Harrington Hill, B. L. Hood Larsen, W. W. Levitas McDonald Moore Pickard

Savage Shepherd Sherman Smith, J. R. Thomason Townsend Vaughn Ware Mr. Speaker

THURSDAY, FEBRUARY 3, 1972

1245

On the passage of the Bill, by substitute, the ayes were 160, nays 7.

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

HB 1108. By Mr. Adams of the 9th: A Bill to be entitled an Act to amend Code Section 34-629, relating to where electors shall vote, as amended, so as to delete that provision which allows certain electors to vote in the election district containing the county courthouse; and for other purposes.
The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Section 34-629, relating to where electors shall vote, as amended, so as to delete that provision which allows certain electors to vote in the election district containing the county courthouse; to repeal conflicting laws; and for other pur poses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Code Section 34-629, relating to where electors shall vote, as amended, is hereby amended by striking therefrom the follow ing:
", except that in counties having a population of less than 50,000 according to the 1960 United States decennial census or any future such census, an elector may be permitted to cast his vote in that election district containing the county courthouse",
so that when so amended, Code Section 34-629 shall read as follows:
"34-629. Voting only from lists.--All persons whose names appear on the list of electors placed in the possession of the man agers in each election district, and no others, shall be allowed to deposit their ballots according to law, at the election district in which they are registered."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment was read and adopted:
Mr. Murphy of the 19th moves to amend the Committee substitute

1246

JOURNAL OF THE HOUSE,

to HB 1108 by striking the period from line 22 and inserting a comma and adding the following -words:

"except as provided in the absentee ballot law.".

The Committee substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of 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, J. T.

Bennett, Tom

Black

Bohannon

Bond

Bostick

Bo wen

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.

,

Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dorminy
Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham GreetGriffin Groover 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. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis

THURSDAY, FEBRUARY 3, 1972

1247

Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken MeDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy

Noble Northcutt Nunn Odom Oxford Patterson Patten Peters Phillips, L, L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem

Scarborough Sherman Sims Smith, V. T. Snow Sorrells Stephens Strickland Thomason Toles Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Voting in the negative were Messrs. H. L. Brantley, and Dixon.

Those not voting were Messrs.:

Barfield Berry Blackshear Dean, J. E. Egan Granade Hood Jordan

Lane, W. J. Larsen, W. W. Nessmith Pearce Phillips, G. S. Russell, W. B. Savage Shanahan

Shepherd Smith, H. R. Smith, J. R, Sweat Thompson Townsend Vaughn Mr. Speaker

On the passage of the Bill, by substitute, as amended the ayes were 169, nays 2.

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

Mr. Sweat of the 65th stated that he had been called from the floor of the House when the roll was called on HB 1108, by substitute, as amended, but had he been present would have voted "nay".

1248

JOURNAL OP THE HOUSE,

Mr. Dean of the 19th stated that he had inadvertently voted "aye" when the roll was called on HB 1108, by substitute, as amended, but had intended to vote

HR 525-1181. By Messrs. Atherton, Wilson, Housley, Howard, Kreeger, Burruss and McDaniel of the 117th:
A Resolution authorizing a survey to be made by the Secretary of State; 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 Black Bohannon Bond Bo stick Eowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Can-
Carter Chance Chandler Chappell Cheeks Clements Cole

Collier Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Bavis, W. Dean, Gib Dean, N. Dent Dixon Dorrniny Drury Edwards Egan Evans Ezzard Parrar Feiton Ployd, J. H. Fraser Gary Gaynor Gigiiilliat Grantham Greer

Griffin Groover Gunter Hamilton Harrington Harris Harrison Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K.

THURSDAY, FEBRUARY 3, 1972

1249

Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDonald Melton Merritt
Miles
Milford
Miller
Moore
Morgan
Mulherin
Mullinax

Murphy Nessmith Noble Northcutt Nunn Odoni Oxford Patterson Peters Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach
Ross
Rush
Russell, A. B.
Russell, H. P.
Russell, W. B.
Salem
Scarborough

Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Thomason Toles Triplett Turner Wamble Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Voting in the negative was Mr. Ham.

Those not voting were Messrs.:

Barfield Bennett, J. T. Berry Blackshear Brown, B. D. Collins, S. Dean, J. E. Floyd, L. R. Geisinger Grahl Granade

Hawes Hood Jones, J. R. Larsen, W. W. Marcus Maxwell McDaniell Moyer Patten Pearce Phillips, G. S.

Pickard Poole Savage Shepherd Sweat Thompson Townsend Tripp Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 1.

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

1250

JOURNAL OF THE HOUSE,

HR 628-1476. By Messrs. Wilson, Atherton, Housley, Burruss and Howard of the 117th:
A Resolution authorizing the lease of certain tracts of State owned property; and for other purposes.

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

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 Battle Bennett, Tom Berry Black Bohannon Bond Bo stick 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 D ailey

Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon D'orminy Drury Edwards Egan Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Gignilliat Grantham Greer Griffin Groover 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. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Mauldin McCracken McDaniell McDonald Melton Merritt Milford Moore Morgan Mulherin Mullinax Murphy Nessmith Northcutt

THURSDAY, FEBRUARY 3', 1972

1251

Nunn Odom Patterson 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. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow

Stephens Sweat Thomason Triplett Tripp Turner Vaughn Ware Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alien Barfield Bell Bennett, J. T. Blackshear Collins, S. Dean, J. E. Felton Geisinger Grahl Granade

Gunter Hood Larsen, W. W. Matthews, D. R. Maxwell Miles Miller Mover Noble Oxford Patten

Ross Savage Smith, J. R. Sorrells Strickland Thompson Toles . Townsend Wamble Wheeler, Bobby Mr. Speaker

On the adoption of the Resolution, the ayes were 162, nays 0.

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

The Speaker Pro Tern assumed the Chair.

Mr. Floyd of the 7th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules,

the following Bills of the House were taken up for consideration and read the

third time:

. " . "

1252

JOURNAL OF THE HOUSE,

HB 1167. By Messrs. Dixon of the 65th and Carter of the 64th:
A Bill to be entitled an Act to amend an Act creating the State Board of Examiners of plumbing Contractors, as amended, so as to extend the time during which a person may qualify as a master plumber, a con tracting plumber or a journeyman plumber without the necessity of taking the examination provided by said Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 102, nays 11.
The Bill, having received the requisite constitutional majority, was passed.

HB 1182. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend'an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions relative to termination of membership; and for other purposes.

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

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

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

HB 1183. By Messrs. Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Teacher's Retirement System, as amended, so as to change the provisions relative to receiving creditable service for service rendered in a local system prior to membership; and for other purposes.

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, FEBRUARY 3', 1972

1253

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Battle Bennett, Tom Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gibb Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Farrar

Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter 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. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino

Lowrey Marcus Mason Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Rush Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Thomason Thompson

1254
Toles Triplett Tripp Turner Vaughn

JOURNAL OF THE HOUSE,

Ware Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alien Barfield Bell Bennett, J. T. Blackshear Carter Dean, J. E. Ezzard

Hill, B. L. Larsen, W. W. Matthews, C. Matthews, D. R. Murphy Noble Pickard Ross

Russell, A. B. Russell, H. P. Russell, W. B. Sorrells Townsend Wamble Mr. Speaker

On the passage of the Bill, the ayes were 172, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1184. By Messrs. Farrar of the 77th, Buck of the 84th, Mason of the 13th, Dean of the 19th, Coney of the 118th and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions relative to service retirement benefits, allowance on service retirement and dis ability retirement 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 roll call was ordered and the vote was as fol lows :

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. 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 Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, 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
Groover
Gunter
Ham
Hamilton
Harrington

THURSDAY, FEBRUARY 3, 1972

1255

Harris Harrison Hawes Hays Hill, G. Hood Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. 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
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 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 Teles'
Triplett
Tripp
Turner
Vaughn
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E,

1256

JOURNAL OF THE HOUSE,

Voting in the negative was Mr. Townsend.

Those not voting were Messrs.:

Barfield Bennett, J. T., Jr. Blackshear Carter Cook
Dean, J. E. Hill, B. L.

Hudson, C. M. Jessup Larsen, W. W. Matthews, D. R. Miller
Murphy Pickard

Ross Russell, A. B. Sorrells Wamble Mr. Speaker

On the passage of the Bill, the ayes were 175, nays 1.

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

HB 1262. By Messrs^ Farrar of the 77th and Buck of the 84th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, as amended, so as to change the provisions relative to the definition of a teacher; and for other purposes.

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., Jr. Adams, John
Adams, Marvin Alexander, W. H. Alexander, W. M. Alien
Atherton Battle Bell
Bennett, J. T., Jr. 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

Cheeks Clements
Cole Collier 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 Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Granthani Greer Griffin Groover Gunter 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

THURSDAY, FEBRUARY 3, 1972

1257

Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. 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 Rainey Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens
Sweat Thomason Thompson
Toles Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs. S. Collins and Townsend.

Those not voting were Messrs.:

Barfield Blackshear Chappell Collins, M.

Dean, J. E. Egan Hill, B. L. Larsen, G. K.

Larsen, W. W. Matthews, D. R. Murphy Pickard

1258
Russell, A. B. Sorrells

JOURNAL OF THE HOUSE,

Strickland Wamble

Mr. Speaker

On the passage of the Bill, the ayes were 176, nays 2.

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

Mr. Matthews of the 16th asked unanimous consent that the following Bill of the House be withdrawn from the Committee on the University System of Georgia and referred to the Committee on Defense and Veterans' Affairs:

HB 1589. By Messrs. Smith and Sherman of the 80th, Cheeks, Mulherin and Miles of the 78th and Dent of the 79th:
A Bill to be entitled an Act to provide benefits for certain veterans to attend State-supported colleges or universities; and for other purposes.

The consent was granted.

Mr. Patterson of the 20th moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

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

FRIDAY, FEBRUARY 4, 1972

1259

Representative Hall, Atlanta, Georgia Friday, February 4, 1972

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

The following prayer was offered by Rev. Robert L. Maddox, Jr., Pastor, First Baptist Church, Calhoun, Georgia:
Lord, these men and women have a difficult task as they work to please all of us, themselves and You. Help them today as they work.
Endow them with a sense of balance and proportion as they tackle what is before them.
Help them to look to You for wisdom and vision as they wrestle with what is best for all concerned.
I am grateful that they are willing to risk themselves and energies in the enterprise of government.
May this be a good day in their lives and in our State and may it all be done in Your Name. AMEN.

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

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

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

The Journal was confirmed.
By unanimous consent, the following was established as the order of 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.

1260

JOURNAL OF THE HOUSE,

3. Second reading of Bills and Resolutions.

4. Reports of Standing Committees.

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

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Friday, February 4, 1972, and submits the following:

HB

373. Mental Home Care of 111 and Aged.

HB 1126. State Bar Exam, Students Eligible.

HB 1150. Inheritance, Grandmothers & Fathers.

HB 1153. School Bus, Change Definition (postponed).

HB 1298. Real Estate Agents, Unlawful Practices.

HB 1300. State Property Control, Amend.

HB 1308. Corporations, Amend Code Title 22.

HB 1319. Financial Institutions, Safety Deposit Box.

HB 1350. Public School employees, Health Insurance.

HB 1376. Financial Institutions, Security or Sureties.

HB 1377. Adm. & Executors, Comm., Property.

HB 1378. Adm. Exec., Manage Property.

HB 1379. Special Guardian, Comm. Bond, Estate.

HB 1380. Guardian, Comm. Bond, Estate Value.

HB 1381. Adm. of Estates, Commercial Bonds.

HB 1382. Heir, Devisee etc., Renounce Property.

HB 1383. Wills-Adm., Condition of Estate.

HB 1384. Guardians, Comp. for Delivery of Property.

HB 1385. Pub. Ret., Pension, etc., Trustees.

HB 1389. Habitual Offenders, Traffic Laws.

HB 1427. Public Service Commission, allocate Gas Electric Service.

HB 1443. Food Service establishments, imported meat.

HB 1475. Fire Fighter's Mediation, City, County.

FRIDAY, FEBRUARY 4, 1972

1261

HB 1495. Area Planning & Dev. Commissions. HR 641-149. State Court of Claims, Create. HB 1516. Defendants Jointly Jury Panels, strikes.

The Speaker shall have the right to call the above Bills and Resolution in any order which he may desire.
Respectfully submitted, Lambert of the 25th, Vice-Chairman.

By unanimous consent, the following Bills and Resolutions of the House were introduced, read the first time and referred to the committees:
HB 1666. By Mr. Busbee of the 61st: A Bill to be entitled an Act to amend Paragraph 45 of Section 2 of the General Tax Act of 1935, relating to the imposition of a tax on foreign corporations, so as to provide that this tax shall not be con strued so as to relieve a corporation or its agents of any license or occupation tax; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1667. By Mr. Colwell of the 5th: A Bill to be entitled an Act to provide a new charter for the City of Dahlonega in the County of Lumpkin; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1668. By Mr. Colwell of the 5th: A Bill to be entitled an Act to create the Towns County Water and Sewerage Authority; to authorize the Authority to acquire and main tain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, and instrumentalities thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1669. By Mr. Sweat of the 65th: A Bill to be entitled an Act to amend an Act known as the "Non-

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Resident Contractors Doing Business in Georgia", so as to require reports pertaining to contract work done in Georgia; and for other purposes.
Referred to the Committee on Industry.

HB 1670. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla, so as to extend the corporate limits thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1671. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act incorporating and pro viding a new charter for the Town of Baldwin, so as to change the date of municipal elections; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1672. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act providing for additional method for the exercise of the power of eminent domain before a special master, so as to change the compensation of the special master; and for other purposes.
Referred to the Committee on Judiciary.

HB 1673. By Messrs. Dean of the 13th, Bennett of the 71st, Buck of the 84th and Thomason of the 77th: A Bill to be entitled an Act to enact into law the interstate Agreement on Detainers; to provide that the State of Georgia shall be a party to said agreement; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 1674. By Mr. Grahl of the 40th: A Bill to be entitled an Act to create and establish a Small Claims Court in and for Crawford County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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1263

HB 1675. By Mr. Howell of the 60th:
A Bill to be entitled an Act to amend Code Section 34-1104, relating to the form of ballots, so as to provide that the State Election Board may permit the use of more than one ballot in the same election district; and for other purposes.
Referred to the Committee on State of Republic.

HB 1676. By Mr. Ross of the 26th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Lincoln County; to prescribe the jurisdiction of said Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1677. By Messrs. Northcutt of the 21st, Knowles of the 22nd and Smith of the 39th:
A Bill to be entitled an Act to amend Code Section 26-2303, relating to the prohibition against receipt of funds or other things of value to be used in the enforcement of the penal laws, so as to provide that nothing contained within said Section shall be construed to prohibit any law enforcement officer from being employed during his off-duty hours; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1678. By Messrs. Bostick, Matthews and Patten of the 63rd:
A Bill to be entitled an Act to create the Tift County Water and Sewerage Authority; to authorize the Authority to acquire and main tain projects embracing sources of water supply and the distribution and sale of water related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instrumentalities thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 721-1678. By Mr. Knowles of the 22nd:
A Resolution repealing HR 184-623, proposing an amendment to the Constitution, so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein for water or sewerage purposes and to guar antee payment of revenue bonds issued and to support and maintain the operations of a water or sewerage system; and for other purposes,
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HR 722-1678. By Mr. Knowles of the 22nd:
A Resolution creating the Public Utilities Rate Structure Study Com mittee; and for other purposes.
Referred to the Committee on Industry.

HR 723-1678. By Mr. Knowles of the 22nd:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein for water or sewerage and for the payment of revenue bonds heretofore issued and hereafter issued to support and maintain the operations of a water and sewerage system in Henry County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 724-1678. By Messrs. Hawes of the 95th, Adams of the 100th, Sims of the 106th, Longino of the 98th, Horton of the 95th, Alexander of the 96th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Atlanta to levy and collect taxes, licenses and other charges on all objects and subjects of taxation which are not prohibited by the Constitution and general laws of Georgia; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1679. By Mr. Hill of the 94th:
A Bill to be entitled an Act to create a State Racing Commission; to provide for the appointment, qualifications, powers, duties, oath of office and bond of the members of the Commission; and for other purposes.
Referred to the Committee on Industry.

HB 1680. By Messrs. Morgan of the 23rd, Hutchinson of the 61st, Groover of the 27th, Russell and Thomason of the 77th, Sorrells of the 24th, Russell of the 14th, Levitas of the 77th, Bennett of the 71st and others:

A Bill to be entitled an Act to amend Code Title 74, relating to parent and child, so as to change the provisions relating to the support of illegitimate children; and for other purposes.

Referred to the Committee on Welfare.

-,

FRIDAY, FEBRUARY 4, 1972

1265

HB 1681. By Messrs. Wheeler of the 57th and Farrar of the 77th:
A Bill to be entitled an Act to amend an Act authorizing a selfinsurance program for all of the State's insurable property, so as to authorize the Supervisor of Purchases to implement a separate plan of self-insurance for public school systems' properties; and for other purposes.
Referred to the Committee on Insurance.

HB 1682. By Messrs. Howard, Atherton, Kreeger, Housley, McDaniell, Wilson and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Elizabeth, so as to de-annex a certain portion of the territory of the said Town from the corporate limits of said town; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1683. By Messrs. Reaves of the 71st, Collins of the 62nd, Burruss and Atherton of the 117th, Matthews and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act regulating the sale, inspec tion, importation and distribution of fluid milk and milk products for human consumption so as to provide for the issuance of permits of licenses by the Commissioner of Agriculture; and for other purposes.
Referred to the Committee on Agriculture.

HB 1684. By Messrs. Mullinax, Ware and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to extend and increase the corporate limits of the City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 725-1684. By Mr. Bowen of the 47th: A Resolution authorizing the conveyance of a certain tract or parcel of land located in Dooly County to E. Max Conner and Heard F. George; and for other purposes.
Referred to the Committee on State Institutions & Property.
HB 1685. By Messrs. Chappell and Larsen of the 42nd: A Bill to be entitled an Act to amend an Act creating a new charter

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for the City of Dublin and defining its corporate limits, 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 1686. By Messrs, Chappell and Larsen of the 42nd: A Bill to be entitled an Act to create the Scott Water and Sewer Authority; to authorize the Authority to acquire and maintain projects embracing sources of water supply and the treatment, distribution, and sale of water to individuals, private concerns and municipal corpora tions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 733-1686. By Mr. Bennett of the 71st: A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Tax Assessors of Lowndes County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1687. By Mr. Fraser of the 59th: A Bill to be entitled an Act to amend an Act incorporating the City of Darien, so as to change the corporate limits of the City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1688. By Mr. Fraser of the 59th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Darien, so as to change the term of office and the time for election of the Mayor and Councilmen of the City of Darien; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1690. By Mr. Alexander of the 96th:
A Bill to be entitled an Act to amend Code Chapter 26-18, relating to theft, so as to change the penalty provisions relative to theft of services; to provide that any person breaking and entering an auto-

FRIDAY, FEBRUARY 4, 1972

1267

mobile with the intent to commit a theft or a felony shall be guilty of a felony; and for other purposes.
Referred to the Committee on Judiciary.

HB 1691. By Messrs. Gaynor of the 88th, Longino of the 98th, Pinkston of the 81st and Murphy of the 19th:
A Bill to be entitled an Act to amend the "Executive Reorganization Plan of 1972", so as to change the name of the Department of Financial Regulation to the Department of Banking and Finance; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1692. By Mr. Lee of the 61st:
A Bill to be entitled an Act to provide for a Georgia Crime Information Center within the Department of Public Safety; and for other purposes.
Referred to the Committee on State of Republic.

HB 1693. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Code Section 40-1801, relating to the creation of the Department of Audits and Accounts and the Office of State Auditor, so as to provide that the Department of Audits and Accounts and the Office of State Auditor shall be a part of the Legislative Branch of Government; and for other purposes.
Referred to the Committee on Rules.

HR 735-1693. By Messrs. Smith of the 43rd, Chandler of the 34th, Murphy of the 19th and Harrison of the 58th:
A Resolution modifying the lease on the "Henry Grady Hotel Property"; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1694. By Messrs. Greer of the 95th and Marcus of the 105th:
A Bill to be entitled an Act to provide for the development of a comprehensive plan to protect the River Corridor of the Chattahoochee River, its water quality and adjacent land from high density develop ment, improper use of flood plain and improper practices causing erosion, siltation and injury to water quality; and for other purposes.
Referred to the Committee on Natural Resources.

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HB 1695. By Mr. Dean of the 13th:
A Bill to be entitled an Act to add one additional Judge to the Superior Courts of the Gwinnett Judicial Circuit of Georgia; to provide for the appointment of the first additional Judge by the Governor; and for other purposes.
Referred to the Committee on Judiciary.

HB 1696. By Mr. Smith of the 39th:
A Bill to be entitled an Act to amend an Act providing for standards of safety concerning the ability of certain automobiles to sustain shock, so as to change the definition of the term "private passenger auto mobile"; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1697. By Mr. McDaniell of the 117th:
A Bill to be entitled an Act to create metropolitan region airport commissions in certain metropolitan regions of this State; and for other purposes.
Referred to the Committee on Industry.

HR 736-1697. By Mr. McDaniell of the 117th:
A Resolution creating the Metropolitan Region Airport Commission Study Committee; and for other purposes.
Referred to the Committee on Industry.

HB 1698. By Mr. Thomason of the 77th:
A Bill to be entitled an Act to require two-man police patrol cars in each incorporated municipality and county of this State; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1699. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend Code Section 92-1421, relating to rules and regulations under and enforcement of, the "Motor Fuel Tax Law", so as to confer all powers of a police officer upon special agents and enforcement officers of the Revenue Department when they are enforcing laws relating to motor fuel taxes imposed by this State; and for other purposes.
Referred to the Committee on Ways and Means.

FRIDAY, FEBRUARY 4, 1972

1269

HB 1700. By Mr. Lee of the 61st:
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 confer all powers of a police officer of this State upon special agents and enforcement officers of the Revenue Department when they are engaged in enforcing said Act; and for other purposes.
Referred to the Committee on State of Republic.

HB 1701. By Messrs. Egan of the 116th and Farrar of the 77th:
A Bill to be entitled an Act to amend Code Chapter 32-12, relating to the merger of independent school systems, so as to change the provisions relative to the petition of qualified voters; and for other purposes.
Referred to the Committee on Education.

HB 1702. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act consolidating and codifying the various acts incorporating the City of Forsyth in the County of Monroe, so as to abolish the Mayor's Court and the pro cedures connected therewith; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1703. By Mr. Alexander of the 96th:
A Bill to be entitled an Act to amend Code Chapter 74-3, relating to bastardy proceedings, so as to provide for blood tests of putative fathers upon their request; to provide for blood tests of the mother and child; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 1704. By Messrs. Wamble of the 69th and Melton of the 32nd: A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede and modernize procedure for review of assessments made by county boards of tax assessors; to provide for county boards of equaliza tion; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1705. By Messrs. Wamble of the 69th and Melton of the 32nd: A Bill to be entitled an Act to amend Code Section 92-5703, relating to the levy of ad valorem taxes, so as to provide that all tangible

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property subject to taxation by any municipality shall be returned by the taxpayers as provided by law at its fair market value; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1706. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to amend Code Chapter 92-40, relating to municipal tax assessors, so as to provide that the board of tax assessors or other authorities shall use as a fair market value of property subject to both municipal and county ad valorem taxation that value which is finally determined by the county for county taxation purposes; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1707. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to create, provide, and require a comprehen sive, uniform, statewide system for gathering information to be used as the basis for more uniform taxation of property within this State; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1708. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to amend Chapter 92-69 of the Georgia Code relating to the creation, appointments, qualifications, organiza tion, meeting, staff, and duties of county tax assessors so as to provide minimum qualification standards for persons appointed as tax assessors; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1709. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to amend Section 92-5903 of the Code of Georgia pertaining to the method of making property tax returns so as to provide that the taxpayer shall apportion its various classes of property as shown on its return between the various tax jurisdictions affected; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1710. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act so as to designate the board established therein as the "State Board of Equalization" for property tax purposes; to provide for appeals to said board by those

FRIDAY, FEBRUARY 4, 1972

1271

companies assessed by the State Revenue Commissioner; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1711. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to repeal the arbitration procedure provided for taxpayers whose property is returned for taxation to the State Revenue Commissioner and to provide for an appeal to the "State Board of Equalization" by any taxpayer whose property is assessed by the State Revenue Commissioner; and for other purposes.
Referred to the Committee on Ways and Means.

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

HB 1712. By Messrs. Levitas of the 77th, Smith of the 39th and Jessup of the 49th:
A Bill to be entitled an Act to provide that the payee of any check written for merchandise shall have a lien on the merchandise under certain conditions; and for other purposes.
Referred to the Committee on Judiciary.

HR 737-1712. By Messrs. Egan of the 116th and Wilson of the 117th:
A Resolution proposing an amendment to the Constitution so as to provide State departments and agencies with the authority to disburse State funds to match federal funds in order to provide qualified employees with subprofessional, technical and professional educational scholarships and to establish the terms and conditions of educational scholarships; and for other purposes.
Referred to the Committee on Rules.
HB 1713. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend Code Section 100-117 so as to allow the State Depository Board to direct the State Treasurer to invest certain excess operating funds; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1720. By Mr. Connell of the 79th: A Bill to be entitled an Act to amend an Act known as the "Georgia

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Retailers' and Consumers' Sales and Use Tax Act", so as to provide that the terms "retail sale" or "sale at retail" shall also include occasional, isolated or casual sales of vehicles, whether by a dealer or private party; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1724. By Messrs. Nunn of the 41st, Thomason of the 77th, Atherton of the 117th and Coney of the 82nd:
A Bill to be entitled an Act to amend Code Section 92-5902 of the Code of Georgia, as amended, relating to tax returns by railroads and public utilities, so as to provide that said Code Section shall be applicable to airlines; and for other purposes.
Referred to the Committee on Ways and Means.

HR 745-1724. By Messrs. Dixon and Sweat of the 65th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Ware County to issue general obligation bonds for the purpose of establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds; 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 1622. By Messrs. Ham of the 33rd, Adams of the 39th, Knowles of the 22nd and Smith of the 39th:
A Bill to be entitled an Act to amend an Act placing the District At torney of the Flint Judicial Circuit on an annual salary in lieu of the fee system, so as to create the office of Assistant District Attorney of the Flint Judicial Circuit; and for other purposes.

HB 1623. By Messrs. Ham of the 33rd, Adams and Smith of the 39th and Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act authorizing the judge of the superior courts of Flint Judicial Circuit to employ and fix the compensation of a secretary, so as to authorize the judge to employ and fix the compensation of a secretary or secretaries; and for other purposes.

FRIDAY, FEBRUARY 4, 1972

1273

HB 1624. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Section 27-704, relating to the waiver of indictments and the trial of defendants upon accusa tions, so as to provide for accusations in certain misdemeanor cases; and for other purposes.

HB 1625. By Mr. Gunter of the 6th:
A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to change the number of strikes which the accused and the State shall have in selecting juries to try misdemeanors and felonies; and for other purposes.

HB 1626. By Messrs. Gunter of the 6th, Snow of the 1st, Nunn of the 41st and Lee of the 61st:
A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to change the number of strikes which the accused and the State shall have in selecting juries to try felonies; and for other purposes.

HB 1627. By Messrs. Gunter of the 6th and Lee of the 61st:
A Bill to be entitled an Act to amend Code Section 27-905, relating to procedures to forfeit recognizances, so as to provide that the bond or recognizance given by a person charged with a penal offense may be forfeited on the day set for the appearance, if a jury has been summoned for service in such court on such day; and for other purposes.

HR 697-1627. By Messrs. Gunter of the 6th, Hawes of the 95th and Nunn of the 41st:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may prescribe any number of jurors, not less than five, to constitute a trial or traverse jury in any court in this State; and for other purposes.

HR 698-1627. By Mr. Gunter of the 6th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may provide by law for the trial of civil cases before the judge sitting without a jury in any superior court or other court created by an Act of the General Assembly, if the amount in controversy is less than $1,000; and for other purposes.
HR 699-1627. By Mr. Russell of the 14th:
A Resolution designating the Lake at Fort Yargo State Park as the "C. 0. Maddox, Sr. Lake"; and for other purposes.

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HB 1628. By Mr. Roach of the 10th:
A Bill to be entitled an Act to amend an Act reincorporating the Town of Canton, so as to authorize the governing authority of said City to close certain streets; and for other purposes.

HB 1629. By Messrs. Farrar of the 77th, Wheeler of the 57th, Cole of the 3rd, Davis of the 86th, Davis of the 75th, Moore of the 6th, Ware of the 30th and others:
A Bill to be entitled an Act to amend an Act providing that school bus drivers in the public schools shall be entitled to sick leave, so as to pro vide that up to a maximum of 3 days accumulated sick leave may be used by any school bus driver; and for other purposes.

HB 1630. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Carroll County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1631. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Carroll County, so as to change the compensation of the tax commissioner; and for other purposes.

HB 1632. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Carroll County upon an annual salary, so as to change the compensation of the sheriff; and for other purposes.

HB 1633. By Messrs. Bohannon and Patterson of the 20th: A Bill to be entitled an Act to amend an Act establishing a City Court of Carrollton (now State Court), so as to change the compensation of the judge; and for other purposes.
HB 1634. By Messrs. Bohannon and Patterson of the 20th: A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Carroll County, so as to change the compensation of said commissioner; and for other purposes.
HB 1635. By Messrs. Bohannon and Patterson of the 20th: A Bill to be entitled an Act to abolish the present mode of compensating

FRIDAY, FEBRUARY 4, 1972

1275

the Clerk of the Superior Court of Carroll County, known as the fee system; and for other purposes.

HR 700-1635. By Messrs. Dent of the 79th, Miles of the 78th, Smith of the 80th, Mulherin of the 78th and Sherman of the 80th:
A Resolution compensating Mrs. Betty Jane Azar; and for other purposes.
HR 701-1635. By Messrs. Cheeks of the 78th, Keyton of the 70th, McCracken of the 36th, Miles of the 78th, Bray of the 31st, Ham of the 33rd, Northcutt of the 21st, Hays of the 1st, Mullinax of the 30th and others:
A Resolution proposing an amendment to the Constitution so as to change the terms of office of members of the General Assembly; and for other purposes.
HB 1636. By Messrs. Salem of the 51st, Leggett of the 67th, Gunter of the 6th, Black of the 45th, Grantham of the 55th, Collins of the 62nd and others:
A Bill to be entitled an Act to amend an Act known as the "Minimum Foundation Program of Education Act", so as to provide that the minimum foundation program of education for each local unit of ad ministration shall be paid entirely from state funds; and for other purposes.

HB 1637. By Messrs. Coney of the 82nd, Miller of the 83rd, Brown and Pinkston of the 81st, Greer of the 95th and Wood of the llth:
A Bill to be entitled an Act to amend Code Section 56-801A, relating to definitions relative to agents and counselors for life, accident and sickness insurance, so as to change the definition of the term "agent"; and for other purposes.

HB 1638. By Messrs. Coney of the 82nd, Miller of the 83rd, Brown of the 81st, Greer of the 95th and Wood of the llth:
A Bill to be entitled an Act to amend Code Section 56-1703, relating to corporations insurance companies and bonds or deposits required, so as to provide that the fee and tax provisions of Code Chapter 56-13 shall be applicable to hospital service nonprofit corporations organized and operated under Chapter 56-17; and for other purposes.

HB 1639. By Messrs. Atherton, Burruss, Housley, Wilson, McDaniell and Kreeger of the 117th:
A Bill to be entitled an Act to amend the Act of the General Assembly known as the "Georgia Health Code", so as to provide a new definition

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for "Hospital Authority" and inserting a new section between Sections 88-1803 and 88-1803.1 creating an additional Hospital Authority in cer tain counties; and for other purposes.

HR 703-1639. By Messrs. Bostick and Patten of the 63rd: A Resolution proposing an amendment to the Constitution so as to create the office of purchasing agent for the City of Tifton and Tift County; and for other purposes.
HB 1640. By Messrs. Adams of the 100th, Lane of the 101st, Sims of the 106th, Longino of the 98th, Horton of the 95th, Marcus of the 105th, Alexander of the 96th and others: A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta Judicial Circuit as applied to the office of the Solicitor General, so as to provide that the compensation of assistant district attorneys shall be fixed by the district attorney within specified limits; and for other purposes.
HB 1641. By Messrs. Adams of the 100th, Sims of the 106th, Longino of the 98th, Horton of the 95th, Larsen of the 113th, Marcus of the 105th, Alexander of the 96th and others: A Bill to be entitled an Act to provide that certain counties shall have the right to impose additional taxes upon the sale of alcoholic beverages; and for other purposes.
HB 1642. By Messrs. Farrar of the 77th and Wheeler of the 57th: 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 initial and midterm adjustments of allotments; and for other purposes.

HB 1643. By Messrs. Housley, Kreeger, McDaniell, Atherton and Wilson of the 117th:
A Bill to be entitled an Act to provide for the distribution and alloca tion of the proceeds derived from the taxes and licenses levied and collected by Cobb County pursuant to the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; and for other purposes.

HR 704-1643. By Mr. Dean of the 19th:
A Resolution compensating Cedartown-Atlanta Freight Lines, Inc.; and for other purposes.

FRIDAY, FEBRUARY 4, 1972

1277

HR 705-1643. By Mr. Dean of the 19th:
A Resoltuion compensating Cedartown-Atlanta Freight Lines, Inc.; and for other purposes.

HR 706-1643. By Mr. Dean of the 19th: A Resolution compensating Mr. Dwain Shifflett; and for other purposes.

HR 707-1643. By Mr. Dean of the 19th: A Resolution compensating Mr. Jerry Adair; and for other purposes.

HR 708-1643. By Messrs. Levitas and Farrar of the 77th, Davis and Granade of the 75th, Bell of the 73rd, Russell of the 77th, Dean of the 76th, Vaughn of the 74th, Floyd of the 75th, Jordan of the 74th and Wood of the 75th:
A Resolution proposing an amendment to the Constitution so as to au thorize DeKalb County to create subordinate service areas in the county in which one or more governmental services or additions to the countywide services may be provided by the county and to levy taxes as may be necessary to provide services or additions; and for other purposes.

HB 1644. By Messrs. Lane of the 101st, Sims of the 106th, Longino of the 98th, Horton of the 95th, Marcus of the 105th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act entitled an Act to in corporate the city of Hapeville, so as to provide authority for Mayor and Council under certain conditions to forego assessment for such paving of streets and sidewalks; and for other purposes.

HB 1645. By Messrs. Lane of the 101st, Bond of the lllth, Hood of the 99th, Sims of the 106th, Stephens of the 103rd, Ezzard of the 102nd, Savage of the 104th, Brantley of the 114th, Larsen of the 113th and others:
A Bill to be entitled an Act to provide for homestead exemption of $5,000 for each resident of Fulton County on his home which he owns and which he occupies as a residence and homestead; and for other purposes.

HB 1646. By Messrs. Lane of the 101st, Hawes, Horton and Greer of the 95th:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the City of Hapeville", so as to provide for a recorder pro tern to serve in the absence of the mayor or recorder; and for other purposes.

1278

JOURNAL OF THE HOUSE,

HR 709-1646. By Messrs. Lane of the 101st, Adams of the 100th, Savage of the 104th, Shepherd of the 107th, Hood of the 99th, Stephens of the 103rd, Farrar of the 77th, Brantley of the 114th, Ezzard of the 102nd and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for a homestead exemption up to $5,000 for each resident of Fulton County on his home which he owns and which he actually occupies as a residence and homestead; and for other purposes.

HB 1647. By Mr. Greer of the 95th: A Bill to be entitled an Act to fix the salary of the Solicitor-General of the Criminal Court of Fulton County; and for other purposes.
HR 710-1647. By Messrs. Cook of the 95th, Lee of the 61st, Lambert of the 25th, Bennett of the 81st, Farrar of the 77th, Matthews of the 16th, Larsen of the 113th and others: A Resolution proposing an amendment to the Constitution so as to provide the procedures whereby certain counties shall have but one governing authority to assume, administer and discharge the obligations, duties, rights, responsibilities, and affairs of each county and all municipalities located therein; and for other purposes.
HB 1648. By Mr. Russell of the 14th: A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Barrow County into the office of Tax Commis sioner of Barrow County; and for other purposes.

HB 1649. By Messrs. Toles, Lowrey and Adams of the 9th:
A Bill to be entitled an Act to amend an Act providing a health in surance plan for State employees, so as to provide that certain tax commissioners, tax collectors, tax receivers and employees of such officers may participate in the State Health Insurance Plan; and for other purposes.

HR 711-1649. By Mr. Ross of the 26th: A Resolution compensating Mr. John M. King and for other purposes.

HR 712-1649. By Mr. Ross of the 26th: A Resolution compensating Mr. Ollie Taylor; and for other purposes.

FRIDAY, FEBRUARY 4, 1972

1279

HR 713-1649. By Mr. Ross of the 26th:
A Resolution compensating- Mrs. Louie Lunceford; and for other purposes.

HR 714-1649. By Mr. Ross of the 26th: A Resolution compensating Mr. F. H. Dawkins; and for other purposes.

HR 715-1649. By Messrs. Dean of the 19th and Kreeger of the 117th:
A Resolution compensating Mrs. Vylee F. Chandler; and for other purposes.

HB 1650. By Messrs. Burruss and Atherton of the 117th:
A Bill to be entitled an Act to create a Board of Natural Resources; to provide for membership of said Board; and for other purposes.

HB 1651. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to provide that it shall be unlawful for any motor vehicle, other than law enforcement vehicles, to be operated with flashing or revolving blue lights; and for other purposes.

HB 1652. By Messrs. Groover of the 27th and Collier of the 54th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to provide that the Public Service Commission may receive certain evidence in its discretion; and for other purposes.

HB 1653. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to provide for the election of the Board of Education of Jeff Davis County; to provide for residence require ments; and for other purposes.

HB 1654. By Mr. Lee of the 61st:
A Bill to be entitled an Act creating the State Board of Pardons and Paroles, so as to repeal that portion of the Act which provides that the Board may employ expert assistance in specific cases; and for other purposes.

1280

JOURNAL OF THE HOUSE,

HR 717-1654. By Mr. Lee of the 61st:
A Resolution proposing an amendment to the Constitution so as to provide that the State Board of Pardons and Paroles shall be composed of not less than three or more than five members; and for other pur poses.

HB 1655. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Alexander of the 96th and Horton of the 95th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change the corporate limits; and for other purposes.

HB 1656. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend the "Georgia Surface Mining Act of 1968", so as to provide for the Director of the Division of Environ mental Protection to issue orders, conduct hearings and institute and prosecute court actions as may be necessary to enforce compliance of the provisions of this Act; and for other purposes.

HB 1657. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend the Coastal Marshlands Protection Act of 1970, so as to provide for the Department of Natural Resources to issue orders, conduct hearings and institute and prosecute court actions as necessary to enforce compliance of the provisions of this Act; and for other purposes.

HB 1658. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend the "Georgia Surface Mining' Act of 1968", so as to provide a new definition of "surface mining"; to provide a new definition of "mining operator"; and for other purposes.

HB 1659. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to provide that the hearings therein provided for shall be governed by the provisions of the Georgia Administrative Procedure Act, as amended, to provide for judicial review of any final order of the Division of Environmental Protection of the Department of Natural Resources; and for other purposes.
HB 1660. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to empower the Director of the Division of

FRIDAY, FEBRUARY 4, 1972

1281

Environmental Protection of the Department of Natural Resource's to require persons engaged in operations which may result in air, pollution to install, maintain and use emission monitoring devices; and 'for other purposes.

HB 1661. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to make it unlawful to emit into the atmo sphere any air contaminant or contaminats which cause a condition of air pollution; and for other purposes.

HB 1662. By Messrs. Burruss of the 117th and Egan of the 116th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide that any order issued by the Division of Environmental Protection of the Department of Natural Resources under this Act shall become final unless a hearing is requested before the Director no later than 30 days after such order is served; and for other purposes.

HB 1663. By Mr. Wheeler of the 18th:

,

A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide for civil penalties for the violation of any provision of this Act, or any final or emergency order of the Division of Environmental Protection of the Department of Natural Resources; and for other purposes.

HB 1664. By Mr. Egan of the 116th:

A Bill to be entitled an Act to amend Section 92-3108 of the Code of

Georgia defining terms of the Code relating to the taxation of net

income, so as to conform their meaning to the meanings in the U. S.

Internal Revenue Code of 1954 in force and effect on, January 1, 1972;

and for other purposes.

.. . . .

HB 1665. By Mr. Egan of the 116th:

A Bill to be entitled an Act to amend Section 3 of the Current Income

Tax Payment Act of 1960, to change the amount of wages subject to

withholding; and for other purposes.

'

HR 718-1665. By Mr. Melton of the 32nd: A Resolution compensating Mr. Charles G. Pitts; and for other purposes.

1282

JOURNAL OF THE HOUSE,

HR 719-1669. By Mr. Bell of the 73rd:
A Resolution compensating Mr. Alan Twiggs Merritt, III; and for other purposes.

HB 1689. By Messrs. Smith of the 43rd, Busbee of the 61st, Murphy of the 19th, Ployd of the 7th, Harris of the 10th, Lane and Nessmith of the 44th:
A Bill to be entitled an Act to provide a procedure by which a budget unit may seek to have appropriated funds provided to such unit if the Budget Bureau has failed or refused to provide such funds; to create a committee to carry out such procedure; and for other purposes.

SR 248. By Senators Coggin of the 35th, Ward of the 39th, Garrard of the 37th and others:
A Resolution to amend House Resolution No. 233-698, proposing an amendment to the Constitution relative to an increased homestead exemption for certain residents of the City of Hapeville, so as to change the effective date; and for other purposes.

SR 249. By Senator McGill of the 24th:
A Resolution proposing an amendment to the Constitution so as to change the method of electing the members of the Wilkes County Board of Education; and for other purposes.

SB 465. By Senators Starr of the 44th and Zipperer of the 3rd:
A Bill to be entitled an Act to amend an Act creating the Georgia Educational Improvement Council, so as to change the membership and the method of appointing members; and for other purposes.

SB 472. By Senator Starr of the 44th: .
A Bill to be entitled an Act to amend an Act incorporating the City of Jonesboro, so as to provide for the appointment of a Recorder by the Mayor and Council; and for other purposes.

SB 475. By Senators Ward of the 39th, Patton of the 40th, Stephens of the 36th and others:
A Bill to be entitled an Act to amend an Act granting to the incor porated municipalities of this State having a population of more than 300,000 certain basic powers, so as to provide additional powers of the Public Officer; and for other purposes.

FRIDAY, FEBRUARY 4, 1972

1283

SB 479. By Senators Ward of the 39th, Fatten of the 40th, Stephens of the 36th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta; and for other purposes.

SB 499. By Senator London of the 50th:
A Bill to be entitled an Act to create the Electronic Data ProcessingPrinting Committee; to provide for the membership of the Committee; and for other purposes.

Mr. Floyd of the 7th District, Chairman of the Committee on Appropriations, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 680-1585. Do Pass. HR 672-1575. Do Pass. HR 657-1539. Do Pass. HR 656-1539. Do Pass. HR 561-1299. Do Pass. HR 536-1205. Do Pass. HR 532-1205. Do Pass. HR 696-1621. Do Pass, as Amended.
Respectfully submitted, Floyd of the 7th, Chairman.
Mr. Rainey of the 47th District, Chairman of the Committee on Game and Fish, submitted the following report:
Mr. Speaker:
Your Committee on Game and Fish has had under consideration the follow ing Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1546. Do Pass.

1284

JOURNAL OF THE HOUSE,

HB 1552. Do Pass. 1 HB1497-. Do Pass. <

;
Respectfully submitted, Rainey of the 47th, Chairman.

..:.:..:..' 1 . : \ i

!.,.....

Mr. Smith of the 3rd District, Chairman of the Committee on Health and

Ecology, submitted the following report:

Mr. Speaker:

Your Committee on Health and Ecology has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1223. Do Pass, by Substitute.
HB 1129.- Do. Pass, as Amended.
HB 370. Do Pass, by Substitute.
Respectfully submitted,
Smith of the 3rd,
Chairman.

Mr. Pickard of the 84th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1291. Do Pass, as Amended. Respectfully submitted, Pickard of the 84th, 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 Bill

FRIDAY, FEBRUARY 4, 1972

1285

of the House and has instructed me to report the same 'back to 'the Houses 'with

the following recommendation:

. ., KsVl .,,.

HB 1313. Do Pass.

Respectfully submitted, : ''' ' : ''

Lambert of the 25th, :; Vice-Chairman.

Mr. Chandler of the 34th District, Chairman of the Committee on State

Institutions and Property, submitted the following report: ' '

:

Mr. Speaker:

Your Committee on State Institutions and Property has had under considera tion the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:.' > ;

HB 1388. Do Pass.

<i : :;.

HB 1577. Do Pass.

< i :-

HR 571-1368. Do Pass.

: > < :

HR

590. Do Pass.

' > > '.-

HR 681-1585. Do Pass.

. : : , ;

:i: -

Respectfully submitted, ] ''' :1; ' Chandler of the 34th, M : :. : 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 has instructed me to report the same back to the House with the following recommendations:

HR 679-1585. Do Pass.

HR 688-1585. Do Pass.

HR 690-1598. Do Pass.

; , .", ...';''-; ', j

HR 691-1616. Do Pass. HR 692-1616. Do Pass. HR 693-1616. Do Pass.

1 - .

. -. -

i:,,.,, : .,-.-;

1286
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,
1483. Do Pass, as Amended. 1574. Do Pass. 1575. Do Pass. 1580. Do Pass. 1582. Do Pass. 1583. Do Pass. 1590. Do Pass. 1596. Do Pass. 1597. Do Pass. 1598. Do Pass. 1605. Do Pass. 1607. Do Pass. 1608. Do Pass. 1609. Do Pass. 1610. Do Pass. 1611. Do Pass. 1612. Do Pass. 1613. Do Pass. 1614. Do Pass. 1615. Do Pass. 1616. Do Pass. 1618. Do Pass. 1619. Do Pass. 1606. Do Pass.
Respectfully submitted, Levitas of the 77th, Chairman.

Mr. Matthews of the 16th District, Chairman of the Committee on UniversitySystem of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under considera-

FRIDAY, FEBRUARY 4, 1972

1287

tion the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1186. Do Pass.

Respectfully submitted, Matthews of the 16th, Chairman.

Mr. Melton of the 32nd District, Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the follow ing Bills of the House and has instructed me to report same back to the House with the following recommendations:
HB 839. Do Pass. HB 850. Do Pass, by Substitute. HB 1366. Do Pass. HB 1664. Do Pass. HB 1665. Do Pass.
Respectfully submitted, Melton of the 32nd, Chairman.

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

SB 384. By Senators Stephens of the 36th, Johnson of the 38th and Ward of the 39th:
A Bill to amend an Act providing that certain cities shall furnish pen sions to officers and employees of such cities, as amended, so as to change the provisions relative to widows' pensions; and for other pur poses.

1388

JOURNAL OF THE HOUSE,

SB 388. By Senator Hamilton of the 26th:
A Bill to amend an Act reenacting the Charter of the City of Macon, as amended, so as to change the provisions relative to Division A of the City of Macon Pensions and Retirement Systems; and for other purposes^.

SB 421'. By Senators Johnson of the 38th, Ward of the 39th and Stephens of the 36th:
A Bill providing that cities having a population of more than 150,000 v , \.disdosed by,,the United States Census of 1920, to furnish pensions to
officers and employees of such cities, so as to repeal Section 1 of last said Act; to provide female officers and employees shall have same rights as male officers and employees with respect to designating beneficiaries; and for other purposes.

SB 422. By Senators Johnson of the 38th, Ward of the 39th and Stephens of the 36th:
A Bill relating to pensions for members of the police department in cities having a population of 150,000 and providing a new pension system for members of the police department in such; cities, providing a system of pensions and other benefits for such members and their dependents; to provide that female members shall have same right as male members with respect to designating beneficiaries; and for other purposes.

SB 423. By Senators Johnson of the 38th, Ward of the 39th and Stephens of .. ..the. 3,6th:
A Bill providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000 , as disclosed by the United States Census of 1920, to provide '" addftion'aT'pension benefits for members of paid fire department with same rights as male members with respect to designating beneficiaries; and for other purposes.

SB 505. By Senator Doss of the 52nd:
A Bill to provide for an investigator for the office of the District At torney of the Rome Judicial Circuit; and for other purposes.

SB 506. By Senator Doss of the 52nd:
. : ;:A Bill to abolish the office of coroner of Floyd County; to create the office of medical examiner of Floyd County; and for other purposes.

FRIDAY, FEBRUARYS, 1972

1289

SB 507. By Senator Doss of the 52nd:
A Bill to provide for a chief deputy of the Clerk of the Superior Court of Floyd County; to provide for a chief deputy of the Ordinary of Floyd County; and for other purposes.

SB 508. By Senator Doss of the 52nd:
A Bill to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner of Floyd County, as amended, so as to change the com pensation provisions relating to the tax commissioner and chief deputy of the tax commissioner; to repeal conflicting laws; and for other purposes.

SB 509. By Senator Doss of the 52nd:
A Bill to repeal an Act establishing the State Court of Floyd County, as amended, so as to provide for the disposition of all suits, cases, papers, processes, books, indices and other matters of said court; and for other purposes.

SB 510. By Senator Doss of the 52nd:
A Bill to repeal an Act placing the Clerk of the Superior Court, Ordinary and Sheriff of Floyd County on an annual salary in lieu of the fee system of compensation, as amended, so as to provide new and separate salary provisions for the clerk and ordinary of said county; and for other purposes.

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

HB 1256. By Messrs. Miles, Cheeks and Mulherin of the 78th and others:
A Bill to create the Pine Hill Water and Sewerage Authority in Rich mond County; and for other purposes.

HB 1260. By Messrs. Scarborough of the 81st, Miller of the 83rd, Coney of the 82nd and others:
A Bill to amend an Act reenacting the charter of the City of Macon, so as to change the provisions relating to the disability of the Macon Fire and Police Department Employees' Retirement System; and for other purposes.

1290

JOURNAL OF THE HOUSE,

HB 1322. By Messrs. Bennett of the 81st, Miller of the 83rd, Pinkston, Brown and Scarborough of the 81st and Coney of the 82nd:
A Bill to amend an Act reenacting the Charter of the City of Macon, so as to change the provisions relating to disability retirement dates; and for other purposes.

HB 1415. By Messrs. Davis of the 75th, Bell of the 73rd, Granade of the 75th, Jordan of the 74th, Russell and Thomason of the 77th and others:
A Bill to amend an Act creating a County Commission on Efficiency and Economy in Government, so as to change the date upon which such Commission shall be abolished; and for other purposes.

HB 1426. By Messrs. Snow, Hays and Clements of the 1st:
A Bill to be entitled an Act to create the Kensington Water and Sewer Authority and for other purposes.

HB 1459. By Messrs. Hudson and Dorminy of the 48th:
A Bill to amend an Act creating a new charter for the City of Ocilla, so as to change the method of filling vacancies in the office of mayor and aldermen; and for other purposes.

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

HR 606-1421. By Mr. Shanahan of the 8th:
A Resolution proposing an amendment to the Constitution so as to create the Gordon County School System by merging the independent school system of the City of Calhoun and the County of Gordon School System into one school district; and for other purposes.

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

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

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

FRIDAY, FEBRUARY 4, 1972

1291

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

HR 55-135. By Mr. Scarborough of the 81st: A Resolution compensating Johnie Parsons, Jr.; and for other purposes.

HR 57-135. By Mr. Hill of the 97th: A Resolution compensating Richard Lee Apel; and for other purposes.

HR 62-141. By Mr. Matthews of the 16th:
A Resolution compensating Mr. Jimmie E. Thomas; and for other purposes.

HR 82-224. By Mr. Maxwell of the 17th:
A Resolution compensating Mr. Wyatt C. Adams; and for other purposes.

HR 101-249. By Mr. Wilson of the 117th:
A Resolution compensating Mr. Ray Douglas Martin; and for other purposes.

HR 124-328. By Mr. Atherton of the 117th:
A Resolution compensating Mr. Hassil Culpepper; and for other pur poses.

HR 125-328. By Mr. Atherton of the 117th:
A Resolution compensating the Noonday Baptist Church; and for other purposes.

HR 173-521. By Mr. Jones of the 87th:
A Resolution compensating the Hillcrest Abney Memorial Park and Mausoleum, Inc. and for other purposes.

HR 186-646. By Mr. Hudson of the 28th: A Resolution compensating Mr. W. W. Walker; and for other purposes.

1292

JOURNAL OP THE HOUSE,

HR 501-1108. By Mr. Shanahan of the 8th: A Resolution compensating Mr. Terrell Harris; and for other purposes.

HR 504-1118. By Mr. Wheeler of the 57th:
A Resolution compensating Miss Jeanett Purdom; and for other purposes.

HR 505-1118. By Mr. Alien of the 92nd: A Resolution compensating Mr. David Harn; and for other purposes.

HR 512-1123. By Mr. Larsen of the 113th:
A Resolution compensating Mr. Henry R. Ferchaud; and for other purposes.

HR 520-1167. By Mr. Dixon of the 65th:
A Resolution compensating Mrs. Virginia Gornto; and for other purposes.

HR 533-1205. By Mr. Smith of the 80th: A Resolution compensating Mr. Paul J. Hiers; and for other purposes.

HR 564-1307. By Mr. Adams of the 9th:
A Resolution compensating Mrs. Agnes H. Green; and for other purposes.

HR 565-1307. By Mr. Adams of the 9th:
A Resolution compensating Mr. Robert Lee Cochran Sr.; and for other purposes.

HR 566-1307. By Mr. Adams of the 9th: A Resolution compensating .Mr. A. G. Lipham; and for other purposes.

HR 567-1319. By Mr. Lane of the 101st: A Resolution compensating Mr. L G. Brock; and for other purposes.

FRIDAY, FEBRUARY 4, 1972

1293

HR 602-1411. By Mr. Hudson of the 28th:
A Resolution compensating Mrs. Sara W. Meadows; and for other purposes.

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

HB 1390. By Mr. Wamble of the 69th:
A Bill to amend an Act creating a Small Claims Court in Certain counties, so as to change certain population and United States Census figures and brackets; and for other purposes.

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

SB 340. By Senator Stephens of the 36th:
A Bill to provide that no person shall be granted a license as a domestic producer of distilled spirits unless he shall be a citizen of the United States and a resident of Georgia; to provide that when applicant for such license is a corporation, each of its officers and managers shall meet the mandates of this Act unless a waiver is obtained from the State Revenue Commissioner; and for other purposes.

SB 443. By Senators Stephens of the 36th, Broun of the 46th, and Chapman of the 32nd:
A Bill to amend an Act establishing the Georgia Peace Officer Stand ards and Training Council, so as to provide that sheriffs and other constitutional officers who hold elective office may be certified as peace officers under the provisions of the Act; and for other purposes.

SB 378. By Senator Webb of the llth:
A Bill to amend an Act comprehensively and exhaustively revising, superseding and modernizing pretrial, trial and certain post trial procedures in civil cases, as amended, so as to change the provisions of said Act relative to the consolidation of actions involving a common question of law or fact; and for other purposes.

SB 497. By Senators Webb of the llth and London of the 50th:
A Bill to amend Code Section 24-3010, relating to terms of superior and city courts, so as to change the provisions relating to the adjourn ment of such courts; and for other purposes.

1294

JOURNAL OF THE HOUSE,

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

SR 228. By Senators Stephens of the 36th, Bateman of the 27th and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law, for the increase of retirement or other persons who retired pursuant to any retirement system, annuity and benefit fund, pension system or similar system created by law; and for other purposes.

SR 288. By Senators Plunkett of the 30th, Webb of the llth, Johnson of the 38th and Ward of the 39th:
A Resolution expressing sympathy at the passing of Oby T. Brewer,, Sr.; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:
HB 1181. By Mr. Sorrells of the 24th: A Bill to create a new judicial circuit for the State of Georgia to be known as the Alcovy Judicial Circuit, to be composed of the counties of Newton and Walton; and for other purposes.

HB 1445. By Mrs. Merritt and Mr. Oxford of the 46th: A Bill to amend an Act creating a Board of Commissioners for Macon County, so as to reduce the size of said Board of Commissioners from five members to three members; and for other purposes.
HB 1447. By Mr. Floyd of the 7th: A Bill to repeal an Act creating the State Court of Chattooga County, so as to provide for the disposition of all suits, cases, papers, processes, books, indexes, and all other matters and materials of said court; and for other purposes.

HB 1457. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to amend an Act creating a Small Claims Court in certain counties, so as to change the population classification; and for other purposes.

FRIDAY, FEBRUARY 4, 1972

1295

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

HR 541-1209. By Mr. Vaughn of the 74th:
A Resolution authorizing the cancellation of an easement granted to the State of Georgia in and over a certain tract of land in Gwinnett County; and for other purposes.

The following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 340. By Senator Stephens of the 36th:
A Bill to be entitled an Act to provide that no person shall be granted a license as a domestic producer of distilled spirits unless he shall be a citizen of the United States and a resident of Georgia; and for other purposes.
Referred to the Committee on Temperance.

SB 378. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pretrial, trial and certain post-trial procedures in civil cases, so as to change the provisions of said Act relative to the consolidation of actions involving a common question of law or fact; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 384. By Senators Stephens of the 36th, Johnson of the 38th and Ward of 39th:
A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish pensions to officers and employees of such cities, so as to change the provisions relative to widows pensions; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local legislation.

SB 388. By Senator Hamilton of the 26th:
A Bill to be entitled an Act to amend an Act reenacting the Charter of the City of Macon, so as to change the provisions relative to Divi sion A of the City of Macon Pensions and Retirement Systems; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local legislation.

1296

JOURNAL OF THE HOUSE,

SB 421. By Senators Johnson of the 38th, Ward of the 39th and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act providing cities having a population of more than 150,000 to furnish pensions to officers and employees of such cities, so as to repeal Section 1 of last said Act; to provide female officers and employees shall have same rights as male officers and employees with respect to designating beneficiaries; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 422. By Senators Johnson of the 38th, Ward of the 39th and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act relating to pensions for members of police departments in cities having a population of 150,000 and providing new pension systems for members of police departments, in such cities providing system of pensions and other benefits for such members and their dependents; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 423. By Senators Johnson of the 38th, Ward of the 39th and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid fire departments in cities having a population of more than 150,000, so as to provide addi tional pension benefits for members of paid fire departments of such cities; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 443. By Senators Stephens of the 36th, Broun of the 46th and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act establishing the Georgia Peace Officer Standards and Training Council, so as to provide that, sheriffs and other constitutional officers who hold elective office may be certified as peace officers under the provisions of the Act; and for other purposes.
Referred to the Committee on State of Republic.

SB 497. By Senators Webb of the llth and London of the 50th: A Bill to be entitled an Act to amend Code Section 24-3010, relating to.

FRIDAY, FEBRUARY 4, 1972

1297

terms of superior and city courts, so as to change the provisions relating to the adjournment of such courts; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 505. By Senator Doss of the 52nd:
A Bill to be entitled an Act to provide for an investigator for the office of the District Attorney of the Rome Judicial Circuit; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 506. By Senator Doss of the 52nd:
A Bill to be entitled an Act to abolish the office of coroner of Floyd County; to create the office of medical examiner of Floyd County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 507. By Senator Doss of the 52nd:
A Bill to be entitled an Act to provide for a chief deputy of the Clerk of the Superior Court of Floyd County; to provide for a chief deputy of the Ordinary of Floyd County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 508. By Senator Doss of the 52nd:
A Bill to be entitled an Act to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner, so as to change the compensation provisions relating to the tax commissioner and chief deputy of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 509. By Senator Doss of the 52nd:
A Bill to be entitled an Act to repeal an Act establishing the State Court of Floyd County, so as to provide for the disposition of all suits, cases, papers, processes, books, indices and other matters of said court; and for other purposes.
Referred to the Committee on Special Judiciary.

1298

JOURNAL OF THE HOUSE,

SB 510. By Senator Doss of the 52nd:
A Bill to be entitled an Act to repeal an Act placing the Clerk of the Superior Court, Ordinary and Sheriff of Floyd County on an annual salary in lieu of the fee system of compensation, so as to provide new and separate salary provisions for the clerk and ordinary of said county; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SR 228. By Senators Stephens of the 36th, Bateman of the 27th and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law, for the increase of retirement or other benefits of retired persons who retired pursuant to any retirement system, annuity and benefit fund, pension system or similar system created by law; and for other purposes.
Referred to the Committee on Retirement.

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

HB 1483. By Messrs. Dean and Mason of the 13th:
A Bill to be entitled an Act to provide that in certain counties the local tax officials shall cease receiving tax returns on the first day of March; to provide that in such counties taxes shall be due and payable on November 20 of each year; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 1483 as follows:
By striking from Line 14 of Page 1 the following: "96-2601"
and substituting in lieu thereof the following: "92-6201".
And, by inserting in Line 17 of Page 1 between the words "counties" and "all" the following:
"except as provided in Code Section 92-2704,".

FRIDAY, FEBRUARY 4, 1972

1299

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.

HB 1574. By Messrs. Melton and Brown of the 32nd: A Bill to be entitled an Act to amend the Charter of the City of Griffin by deleting from Section 5.6 "Punitive Powers" the words and figures "seven hundred fifty dollars" and "ten months" wherever the same appear and substituting in lieu thereof the words and figures "five hundred dollars" and "six months"; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1575. By Messrs. Melton and Brown of the 32nd: A Bill to be entitled an Act to amend the Charter of the City of Griffin, as amended, so as to add a new sentence establishing the date on which newly elected Commissioners take office; to change a quorum of the commission from two to three; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 105, nays 0.

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

1300

JOURNAL OF THE HOUSE,

HB 1577. By Messrs. Gignilliat of the 89th, Battle of the 90th, Alien of the 92nd, Hill of the 94th and others:
A Bill to be entitled an Act to amend and revise an Act implementing the provisions of Article V, now known as the Savannah Port Authority, as amended, so as to confirm the powers heretofore granted said Au thority and grant it additional powers; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1580. By Messrs. Cheeks, Miles, and Mulherin of the 78th, Dent and Connell of the 79th and Sherman of the 80th:
A Bill to be entitled an Act to amend an Act providing a charter for the City of Augusta, as amended, so as to change the date of the general election in said City; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1582. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the Charter of the Town of Athens", so as to change the name to the City of Athens and to empower the Mayor and Council of said City with the right of eminent domain; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.

,

FRIDAY, FEBRUARYS, 1972

1301

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

HB 1583. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act entitled "An Act to amend the charter of the Town of Athens" so as to change the name to the City of Athens and for the incorporation of said City under the name and style of "The Mayor and Council 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 105, nays 0.

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

HB 1590. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to consolidate the offices of tax receiver and tax collector of Clarke County into the office of the tax commis sioner of Clarke County; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1596. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to provide for a referendum by which a majority of the qualified voters of Lowndes County voting in said referendum can place the Ordinary upon an annual salary in lieu of the fee system of compensation; to provide for the disposition of all fees and commissions formerly allowed the Ordinary as compensation; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1302

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1597. By Messrs. Bennett, Reaves and Barfield of the 71st:
A Bill to be entitled an Act to provide for a referendum by which a majority of the qualified voters of Lowndes County voting in said referendum can place the Tax Commissioner upon an annual salary in lieu of the fee system of compensation; to provide for the disposition of all fees and commissions formerly allowed the Tax Commissioner as compensation; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1598. By Messrs. Bennett, Reaves and Barfield of the 71st:
A Bill to be entitled an Act to provide for a referendum by which a majority of the qualified voters of Lowndes County voting in said referendum can place the Clerk of the Superior Court upon an annual salary in lieu of the fee system of compensation; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1605. By Messrs. Nunn and Moyer of the 41st: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Houston County upon an annual salary, as amended, so as to change the compensation of said officer; and for other purposes.

FRIDAY, FEBRUARY 4, 1972

1303

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1606. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the sheriff of Houston County upon an annual salary, as amended, so as to change the compensation for the 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 105, nays 0.

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

HB 1607. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Houston County upon an annual salary, as amended, so as to change 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 105, nays 0.

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

HB 1608. By Messrs. Nunn and Moyer of the 41st:
A Bill to be entitled an Act to amend an Act placing the tax commis sioner of Houston County upon an annual salary, as amended, so as to change the compensation of said officer; and for other purposes.

1304

JOURNAL OF THE HOUSE,

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1609. By Messrs. Hill of the 94th, Gaynor of the 88th, Battle of the 90th, Gignilliat of the 89th, Triplett of the 93rd and Blackshear of the 91st:
A Bill to be entitled an Act to amend an Act known as the "Housing Authorities Law", as amended, so as to provide for additional com missioners for the housing authorities of certain cities; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1610. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Butts County upon an annual salary, as amended, so as to change the compensation of the Ordinary of 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1611. By Mr. Ham of the 33rd: A Bill to be entitled an Act to amend an Act placing the treasurer of Butts County upon an annual salary, as amended, so as to change the compensation of the treasurer; and for other purposes.

FRIDAY, FEBRUARY 4, 1972

1305

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1612. By Mr. Ham of the 33rd: A Bill to be entitled an Act to amend an Act changing the compensation of the tax collector of Butts County from the fee system to a system whereby such tax collector shall be entitled to certain commissions and a salary, as amended, so as to change the compensation provisions relat ing to clerical personnel of the tax collector; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1613. By Messrs. Kreeger, Howard, Wilson, Housley, Atherton and McDaniell of the 117th: A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Smyrna, as amended, so as to increase the corporate limits of the City of Smyrna; to change the compensation of the Mayor and Council of the City of Smyrna; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

1306

JOURNAL OF THE HOUSE,

HB 1614. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, Atherton and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Paulding 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 105, nays 0.

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

HB 1615. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, Atherton and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating the office of com missioner of Paulding County, as amended, so as to change the com pensation 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 105, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1616. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, Atherton and McDaniell of the 117th: A Bill to be entitled an Act to amend an Act placing the clerk of the superior court, the sheriff, the ordinary and the coroner of Paulding County on a salary basis in lieu of a fee system, as amended, so as to change the compensation of the said officers; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 105, nays 0.

FRIDAY, FEBRUARY 4, 1972

1307

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

HB 1618. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act placing the Ordinary and Clerk of the Superior Court of Catoosa County on an annual salary in lieu of fees, as amended, so as to change the provisions relative to clerical help; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HB 1619. By Mr. Peters of the 2nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Ringgold, as amended, so as to authorize the City to operate and maintain outside its corporate limits, facilities for the development, storage, treatment, purification and distribution of water; and for other purposes.

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

On the passage of the Bill, the ayes were 105, nays 0.

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

HR 679-1585. By Messrs. Chappell and Larsen of the 42nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Laurens County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

1308

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section VII, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following:

"Any other provision of the Constitution to the contrary not withstanding, the governing authority of Laurens County is hereby authorized and empowered to (1) acquire real property and to acquire, construct and equip buildings and facilities for education beyond the twelfth grade and to convey any such property so ac quired to the Board of Regents of the University System of Georgia, its successors or assigns; (2) contribute funds to the Board of Regents of the University System of Georgia to be applied toward the acquisition of real property and the acquisition, construction and equipping of buildings and facilities for education beyond the twelfth grade.
In order to finance such undertaking, the governing authority of Laurens County is hereby authorized to issue, from time to time, general obligation bonds bearing the rate or rates of interest and maturing at the years and amounts determined by said governing authority. Any bonds issued pursuant to the authority herein granted shall be issued in accordance with the provisions of this Constitution and the laws governing the issuance of general obliga tion bonds. The taxes assessed, levied and collected for the payment of the bonded indebtedness incurred pursuant to the provisions herein shall be upon all the taxable property in Laurens County, including any such property in any municipal or independent school system or district. The bonded indebtedness herein authorized shall be in addition to any other limitations stated in this Constitution particularly the limitations set out in this Paragraph. Prior to exercising the authority herein granted, the governing authority of Laurens County shall have contracted with the Board of Regents of the University System of Georgia to convey any property or funds so acquired to the Board of Regents of the University System of Georgia; and the Board of Regents shall have contracted with the governing authority of Laurens County to accept any such property or funds for the purpose of constructing and equipping such buildings and facilities and to operate and maintain the same as a unit of the University System of Georgia rather than as a part of the public school system of this State."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Laurens County to issue general obligation bonds for the purpose of establish-
NO ( ) ing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds?"

FRIDAY, FEBRUARY 4, 1972

1309

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

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

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

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

Those voting in the affirmative were Messrs.

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

Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grantham Greer Griffin Groover Gunter 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. Lee, W. J. (iBll) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Matthews, C.

1310
Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom

JOURNAL OP THE HOUSE,

Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston
Potts Reaves Roach Ross Rush Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T.

Snow Sorrells Stephens Strickland Sweat Thomason Toles Townsend Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Bostick Bowen Carter Chandler Collier Conger Dean, Gib Dean, J. E. Ezzard Farrar

Gary Grahl Granade
Larsen, W. W. Mason Matthews, D. R. Oxford Patten Pickard

Poole Rainey Russell, A. B. Russell, H. P. Russell, W. B. Savage Thompson Ware Mr. Speaker

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

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

HR 685-1585. By Messrs. Gignilliat of the 89th, Battle of the 90th, Alien of the 92nd, Jones of the 87th, Gaynor of the 88th and others:
A RESOLUTION
Proposing an amendment to Article V, Section VII, Paragraph II of the Constitution of the State of Georgia, relating to the Savannah Port Authority so as to recognize the acquisition, construction, improve-

FRIDAY, FEBRUARY 4, 1972

1311

ment or modification of any property used as air or water pollution control facilities to be a public purpose encompassed within the purposes of developing industry and commerce within the State and hence within the territorial limits and the purposes of said Authority; to provide for the submission of this amendment for ratification or rejection by
the people; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article V, Section VII, Paragraph II of the Constitution is hereby amended by adding to the end of said Paragraph II the follow ing:

"A public purpose vital to the welfare of the people of this State, hereby recognized as being encompassed within the purposes of developing industry and commerce within the State and hence within the territorial limits and purposes of said Authority, is the acquisition, construction, improvements or modifications of any property, real or personal, or any combination of the same, used as air or water pollution control facilities.",

so that when so amended, Paragraph II of Section VII of Article V shall read as follows:

"Paragraph II. There is hereby created a body corporate and politic to be known as the 'Savannah Port Authority' which shall be deemed to be an instrumentality of the State of Georgia and a public corporation, its scope and jurisdiction to be limited to the territory embraced by Chatham County and the City of Savannah.

The Authority shall consist of nineteen members who shall serve for periods of not less than one nor more than five years as provided by law and who shall be eligible for reappointment. Said Authority shall elect a chairman, and a vice-chairman and a secretary-treasurer. The secretary-treasurer shall not be required to be a member of the Authority. Said members shall be appointed as provided by law and shall have such powers and duties as may be prescribed by the General Assembly and shall receive such addi tional powers as may be delegated to said Authority by the County of Chatham or the City of Savannah.

All lands the title to which is vested in said Authority, and the improvements thereon, shall be exempt from State and local taxation. Title to all lands, acquired by the statutory body named 'Savannah Port Authority' and renamed 'Savannah District Au thority', owned by said statutory Authority at the time of its eleva tion to constitutional status under the name of Savannah District Authority, is confirmed and is vested in said constitutional authority hereby renamed 'Savannah Port Authority', which Authority is hereby recognized and declared to be one and the same continuing body corporate and politic as the earlier statutory Authority of like name.

1312

JOURNAL OF THE HOUSE,

Said Authority is created for the purpose of developing in dustrial growth and expansion and for the purpose of making long range plans for the coordination of commerce, industry and traffic within its territorial limits and shall not be empowered or au thorized in any manner to create a debt as against the State of Georgia, the County of Chatham or the City of Savannah, and shall only exercise such powers as the General Assembly may from time to time confer. Said Authority is created for the purpose of promot ing for the public good industrial growth and expansion and plan ning as aforesaid without profit and any funds realized by said Authority shall be continually and constantly expended for the development of industry and commerce and long range planning of traffic and facilities for the purpose of coordinating the same as set forth in the Act of the General Assembly creating said Au thority. All acts of the persons now sitting, and who have sat,, as members of the Savannah District Authority, and acts of those members holding over under the Act of 1961 (Ga. Laws 1961, p. 2958), are hereby affirmed and ratified.

A public purpose vital to the welfare of the people of this State, hereby recognized as being encompassed within the purposes of developing industry and commerce within the State and hence within the territorial limits and purposes of said Authority, is the acquisition, construction, improvements, or modifications of any property, real or personal, or any combination of the same, used as air or water pollution control facilities."

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

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

"YES ( ) Shall the Constitution of the State of Georgia be amended so as to name the acquisition, construction,, improvement or modification of air or water pollution
NO ( ) control facilities as being within the purposes of the Savannah Port Authority?"

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

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

FRIDAY, FEBRUARY 4, 1972

1313

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

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

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L, Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chappell Cheeks Clements Cole Coiling, M. Coiling, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent

Dixon Dorminy Drury Edwards Egan Evans Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grantham Greer Griffin Groover
Gunter 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. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odoni Patterson Pearce Peters Phillips, G. S. Philliios, L. L. Phillips, W. R. Pinkston Potts Reaves

1314
Roach Ross Rush Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R.

JOURNAL OF THE HOUSE,

Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Toles Townsend Triplett Tripp

Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Bostick, Bowen Carter Chandler Collier Conger Dean, Gib Dean, J. E. Ezzard Farrar

Gary Grahl Granade Larsen, W. W. Mason Matthews, D. R. Oxford Patten Pickard

Poole Rainey Russell, A. B. Russell, H. P. Russell, W. B. Savage Thompson Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 1C7, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 688-1585. By Messrs. Adams of the 100th, Alexander of the 96th, Hill of the 97th, Larsen of the 113th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a homestead exemption for each resident of the City of Atlanta of $5,000.00 on his home which he owns and which he actually occupies as a residence and homestead; to authorize the General Assembly to provide by law for a homestead exemption, for each resident of the City of Atlanta whose adjusted gross income, together with the adjusted gross income of his spouse, does not exceed $6,000.00 for the immediately preceding year, of $6,000.00 on his home which he owns and which he and his spouse, if any, actually occupy as a residence and homestead; to authorize the General As sembly to provide by law for a homestead exemption, for each resident of the City of Atlanta who is 65 years of age or over or who is totally and permanently disabled, of $10,000.00 on his home which he owns

FRIDAY, FEBRUARY 4, 1972

1315

and which he actually occupies as a residence and homestead; to provide that said homestead exemptions shall be applicable to ad valorem taxes levied by the City of Atlanta for general government, school and park improvement purposes; 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 adding at the end thereof three new paragraphs, to read as follows:

"The General Assembly is hereby authorized to provide by law for a homestead exemption, for each resident of the City of Atlanta, of $5,000.00 on his home which he owns and which he actually occupies as a residence and homestead, such exemption to be applicable to all ad valorem taxes levied by the City of Atlanta for general government, school and park improvement purposes. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972.

The General Assembly is hereby authorized to provide by law for a homestead exemption for each resident of the City of Atlanta whose adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the ad justed gross income of his spouse, does not exceed $6,000.00 for the immediately preceding taxable year. The homestead exemption shall be $6,000.00 on the home which he owns and which he and his spouse, if any, actually occupy as a residence and homestead. Adjusted gross income, as used herein, shall include income from all sources, including any federal old-age survivors or disability in surance benefits or benefits received from any retirement or pen sion fund when such benefits are based on contributions made there to by such resident or his spouse. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972.

The General Assembly is hereby authorized to provide by law for a homestead exemption, for each resident of the City of At lanta who is 65 years of age or over or who is totally and perma nently disabled, of $10,000.00 on his home which he owns and which he actually occupies as a residence and homestead, such exemption to be applicable to all ad valorem taxes levied by the City of Atlanta for general government, school and park improvement purposes. In order to qualify for the exemption provided for herein as being totally and permanently disabled, the person claiming such exemp tion shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Code Chapter 84-9, relative to medical practitioners, of the Code of Georgia, as now or hereafter amended, certifying that, in the opinion of such physician, such person is totally and permanently disabled. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972."

1316

JOURNAL OF THE HOUSE,

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para
graph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for a home stead exemption for each resident of the City of At lanta of $5,000.00 on his home which he owns and which he actually occupies as a residence and home stead; to authorize the General Assembly to provide by law for a homestead exemption, for each resident of the City of Atlanta whose adjusted gross income,
NO ( ) together with the adjusted gross income of his spouse, does not exceed $6,000.00 for the immediately preced ing year, of $6,000.00 on his home which he owns and which he and his spouse, if any, actually occupy as a residence and homestead; to authorize the General Assembly to provide by law for a homestead exemp tion, for each resident of the City of Atlanta who is 65 years of age or over or who is totally and perma nently disabled, of $10,000.00 on his home which he owns and which he actually occupies as a residence and homestead; and to provide that said homestead exemptions shall be applicable to ad valorem taxes levied by the City of Atlanta for general government, school and park improvement purposes?"

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

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

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John
Adams, Marvin Alexander, W. H.

Alexander, W. M. Alien
Atherton Barfield

Battle Bell
Bennett, J. T. Bennett, Tom

Berry Black Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Davis, W.
Dean, N.
Dent
Dixon
Dorminy
Drury
Edwards
Egan
Evans
Felton
Floyd, J. H.
Floyd, L. R.
Fraser
Gaynor
Geisinger
Gignilliat
Grantham
Greer
Griffin
Groover
Gunter
Ham

FRIDAY, FEBRUARY 4, 1972

1317

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. E. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S.
Leggett
Levitas
Lewis
Logan
Longino
Lowrey
Marcus
Matthews, C.
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. Phillips, L. L. Phillips, W. R. Pinkston Potts Reaves Roach Ross Rush Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T.
Snow
Sorrells
Stephens
Strickland
Sweat
Thomason
Toles
Townsend
Triplett
Tripp
Turner
Vaughn
Wamble
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

1318

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bostick Bowen Carter Chandler Collier Conger Dean, Gib Dean, J. E. Ezzard Farrar

Gary Grahl Granade Larsen, W. W. Mason Matthews, D. R. Oxford Patten Pickard Poole

Rainey Russell, A. B. Russell, H. P. Russell, W. B. Savage Thompson Ware Mr. Speaker

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

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

HR 690-1598. By Messrs. Atherton, McDaniell, Housley, Kreeger, Wilson and Burruss of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize and direct the governing authority of the City of Hiram, Georgia, to legalize and control the sale of alcoholic beverages and liquors within said City upon the petition of 35% or more of the registered voters of said City; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article XV, Section I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of the City of Hiram, Georgia, is hereby authorized and directed to legalize and control the sale of alcoholic beverages and liquors within the corporate limits of said City upon being presented with a petition requesting such action signed by 35% or more of the registered voters of said City. The provisions of the Act known as the 'Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors', approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as now or hereafter amended, shall govern the sale of alcoholic beverages and liquors within the City of Hiram, except as otherwise provided herein, and the City of Hiram shall be deemed to be a county for the purposes of said Act."

FRIDAY, FEBRUARY 4, 1972

1319

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I> Para graph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize and direct the governing authority of the City of
NO ( ) Hiram, Georgia, to legalize and control the sale of alcoholic beverages and liquors within said City upon the petition of 35% or more of the registered voters of said City?"

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

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

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D.

Adams, John

Adams, Marvin

Alexander, W. H.

Alexander, W. M.

Alien

Atherton

Barfield

Battle

Bell

Bennett, J. T.

Bennett, Tom

Berry

Black

Blackshear

Bohannon

Bond

Brantley, H. H.

*

Brantley, H. L.

Bray



Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey

Daugherty Davis, E. T. Davis, W, Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grantham 'Greer

1320
Griffin Groover Gunter 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. B. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill)

JOURNAL OF THE HOUSE,

Lee, W. S. Leggett Le vitas Lewis Logan Longino
Lowrey Marcus Matthews, C. 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. Phillips, L. L. Phillips, W. R.

Pinkston
Potts Reaves Roach Ross Rush
Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow S orrells Stephens Strickland Sweat Thomason Toles Townsend Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J.T. Wood, R. E.

Those not voting were Messrs.:

Bostick Bo wen Cartei-
Chandler Collier Conger Dean, Gib Dean, J. E. Ezzard Parrar

Gary Grahl Granade Larsen, W. W. Mason Matthews, D. R. Oxford Patten Pickard

Poole Rainey Russell, A. B. Russell, H. P. Russell, W. B. Savage Thompson Ware Mr. Speaker

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

FRIDAY, FEBRUARY 4, 1972

1321

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

HR 691-1616. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss and McDaniell of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the Mayor and Council of the City of Smyrna shall be authorized to exempt certain property from ad valorem taxation; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by striking therefrom the following:
"Provided however that the General Assembly of Georgia may by law exempt from taxation by the City of Smyrna, except for school purposes and to pay interest on and retire bonded indebted ness, the homestead of each resident of the City of Smyrna actually occupied by the owner as a residence and homestead, and so long as actually occupied by the owner primarily as such, but not to exceed $2,000.00 of its value, provided said owner is at least sixtyfive (65) years of age and has been a resident of the City of Smyrna for a period of not less than ten (10) years at the time of application by said owner for such exemption.",
and inserting in lieu thereof the following:
"The Mayor and Council of the City of Smyrna shall be au thorized to exempt from taxation by the City of Smyrna, for the year 1972 and subsequent years, except for school purposes and to pay interest on and retire bonded indebtedness, the homestead of each resident of the City of Smyrna actually occupied by the owner as a residence and homestead, and so long as actually oc cupied by the owner primarily as such, but not to exceed $2,500 of its value, provided said owner is at least sixty-five (65) years of age and has been a resident of the City of Smyrna for a period of not less than three (3) years at the time of application by said owner for such exemption."
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:

1322

JOURNAL OF THE HOUSE,

"YES ( ) Shall the Constitution be amended so as to authorize the Mayor and Council of the City of Smyrna to exempt from certain ad valorem taxes an amount not to exceed $2,500 of the value of the homestead of certain residents of the City of Smyrna who are at
NO ( ) least 65 years of age and who have been residents of the city for a period of not less than three years?"

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 Para graph of the Constitution, it shall become a part of the Constitution of this State.

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

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

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H, Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee

Carr Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Felton

Floyd, J. H. Floyd, L. R. Eraser Gaynor Geisinger Gignilliat Grantham Greer Griffin Groover Gunter 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. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey
Marcus
Matthews, C.
Mauldin
Maxwell
McCracken

FRIDAY, FEBRUARY 4, 1972

1323

McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston
Potts
Reaves
Roach
Ross
Rush

Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Toles Townsend Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Bostick Bo wen Carter Chandler Collier Conger Dean, Gib Dean, J. E. Ezzard Farrar

Gary Grahl Granade Larsen, W. W. Mason Matthews, D. R. Oxford Patten Pickard

Poole Rainey Russell, A. B. Russell, H. P. Russell, W. B. Savage Thompson Ware Mr. Speaker

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

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

1324

JOURNAL OF THE HOUSE,

HR 692-1616. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss, Atherton and McDaniell of the 117th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may establish and administer fire protection dis tricts within the bounds of said county and levy taxes or special assess ments therefor within such districts under certain conditions and re quirements; to provide for the submission of this amendment for ratifi cation or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph III of the Constitu tion is hereby amended by adding at the end thereof the following para graph :
"In accordance with such conditions and requirements as the General Assembly may prescribe, the General Assembly is hereby authorized to provide by law that the governing authority of Paulding County may establish and administer fire protection districts within the bounds of said county and systems of fire pro tection and prevention within such districts and levy taxes or special assessments therefor on property located within such districts, upon the approval of a majority of the qualified voters voting at a special election called by the Ordinary of said county and held in said districts upon said question; provided that such taxes or assessments shall not exceed five mills upon the valuation of the property located within any such district; and provided further that the homestead exemptions granted by Article VII, Section I, Paragraph IV of this Constitution, and the statutes enacted pur suant thereto, shall not apply to the levy of such taxes and assess ments."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law that the governing authority of Paulding County may estab-
NO ( ) lish and administer fire protection districts within the bounds of said county and levy taxes or special assess ments therefor within such districts under certain conditions and requirements?"

FRIDAY, FEBRUARY 4, 1972

1325

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

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

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

Those voting in the affirmative were Messrs.

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

Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy
Drury Edwards Egan Evans Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grantham Greer Griffin Groover Gunter 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. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford

1326
Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R.

JOURNAL OP THE HOUSE,

Pinkston Potts Reaves Roach Ross Rush Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens

Strickland
Sweat Thomason
Toles Townsend Triplett
Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire
Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Bostick Bowen Carter Chandler Collier Conger Dean, Gib Dean, J. E. Ezzard Farrar

Gary Grahl Granade Larsen, W. W. Mason Matthews, D. R. Oxford Patten Pickard

Poole Rainey Russell, A. B.
Russell, H. P. Russell, W. B.
Savage Thompson
Ware Mr. Speaker

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

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

HR 693-1616. By Messrs. Kreeger, Howard, Wilson, Housley, Burruss and McDaniell of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Geor gia so as to authorize the General Assembly to empower the governing authority of Paulding County to enact ordinances for policing and gov erning said county and the enforcement of all duties and powers now or hereafter vested in said governing authority and to prpVide penalties for violation of such ordinances; to authorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of

FRIDAY, FEBRUARY 4, 1972

1327

Paulding County or other courts established by the General Assembly; to provide for the submission of this amendment for ratification or re jection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The Constitution of the State of Georgia is hereby amended by adding at the end of Article XV, Section II, a new para graph to read as follows:

"The General Assembly of the State of Georgia is hereby au thorized :

1. To empower the governing authority of Paulding County, Georgia, to adopt ordinances or regulations for the governing and policing of said county, for the purpose of protecting and preserving the health, safety, welfare and morals of the citizens thereof as it may deem advisable; and for the implementation and enforcement of all duties and powers now or hereafter vested in the governing
authority of Paulding County, Georgia, and to provide penalties for violations of such ordinances.

2. To authorize the Superior Court of Paulding County, or other judiciary established by the General Assembly, with jurisdic tion in Paulding County, and which shall be empowered to hear and determine cases involving violations of all county ordinances and regulations, including traffic ordinances and regulations, with authority to inflict punishment and/or penalties for violation there of and which shall have other and further powers as may be pre scribed by law, including civil actions to enforce such ordinances."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

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

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to empower the governing au-
NO ( ) thority of Paulding County to enact ordinances for the policing and governing of said county and the en forcement of all duties and powers now or hereafter vested in said governing authority and to provide penalties for violation of such ordinances; and to au thorize the enforcement of such ordinances by civil or criminal proceedings in the Superior Court of Paulding County or other courts established by the General Assembly?"

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".

1328

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 Blackshear Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook

Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Felton Floyd, J. H. Floyd, L. R. Fraser Gay nor Geisinger Gignilliat Grantham Greer Griffin Groover Gunter 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. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Matthews, C. 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. Phillips, L. L. Phillips, W. R. Pinkston Potts

FRIDAY, FEBRUARY 4, 1972

1329

Reaves Roach Ross Rush Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland

Sweat Thomason Toles Townsend Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Bostick Bowen Carter Chandler Collier Conger Dean, Gib Dean, J. E. Ezzard Farrar

Gary Grahl Granade Larsen, W. W. Mason Matthews, D. R. Oxford Patten Pickard

Poole Rainey Russell, A. B. Russell, H. P. Russell, W. B. Savage Thompson Ware Mr. Speaker

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

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

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 1126. By Mr. Murphy of the 19th:
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 students who are enrolled in the last two quarters or the last semester of legal study shall be eligible to stand the Georgia Bar Examination; and for other pur poses.

1330

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 Black Blackshear Bohannon Bond Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Cheeks Clements Cole Collins, M. Colwell Coney, G. D. Coney, J. L. Conhell Dailey Daugherty Davis, E. T. Davis, W. 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 Groover Gunter Ham Harrington Harris Harrison Hawes Hays Bill, B. L. Hill G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan King-
Knight Knowles Kreeger Lambert Lane, W. J.

Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross

Rush Russell, A. B. Russell, W. B. Salem Savage Shanahan Sherman Sims Smith, H. R. Smith, J. R.

FRIDAY, FEBRUARY 4, 1972

1331

Smith, V. T. Snow Sorrells Stephens Sweat Thomason Thompson Toles Tripp Turner

Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Voting in the negative was Mr. S. Collins.

Those not voting were Messrs.:

Barfield Bennett, J. T. Bostick Bo wen Brantley, H. H. Carter Chappell Collier Conger Cook Dean, Gib

Dean, J. E. Felton Hamilton Keyton Lane, Dick Larsen, W. W. Mason Matthews, D. R. McCracken Miller

Oxford Pickard Poole Russell, H. P. Scarborough Shepherd Strickland Townsend Triplett Mr. Sepaker

On the passage of the Bill, the ayes were 163, nays 1.

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

The Speaker Pro Tern assumed the Chair.

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

HB 1146. By Messrs. Snow 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 number of councilmen; and for other purposes.
The following substitute was read:
A BILL
To be entitled an Act to amend an Act incorporating the City of

1332

JOURNAL OF THE HOUSE,

Rossville, Georgia, approved August 24, 1905 (Ga. Laws 1905, p. 1114), as amended, particularly by an Act approved August 10, 1910 (Ga. Laws 1910, p. 1084), and an Act which became law without the signa ture of the Governor (Ga. Laws 1971, p. 4131), so as to provide that vcancies in the office of city clerk shall be filled by the mayor and council; to provide that the mayor and council may prescribe qualifica tions for the office of the city clerk and shall fix said clerk's compensa tion; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. An Act incorporating the City of Rossville, Georgia,
approved August 24, 1905 (Ga. Laws 1905, p. 1114), as amended, par ticularly by an Act approved August 10, 1910 (Ga. Laws 1910, p. 1084), and an Act which became law without the signature of the Governor (Ga. Laws 1971, p. 4131), is hereby amended by striking from Section 10 the first sentence thereof which reads as follows:

"The clerk shall receive as an annual salary a commission of five percent (5%) on all taxes collected by him."

Section 2. Said Act is further amended by adding after Section 10 a new Section, to be numbered Section 10A, to read as follows:

"Section 10A. (a) Vacancies which occur in the office of the city clerk shall be filled by the mayor and council. The mayor and council shall, by ordinance, fix the qualifications for the office of city clerk.

(b) The compensation of the city clerk shall be fixed by the mayor and council."

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

Mr. Clements of the 1st moved that the House agree to the Senate substitute.

On the motion, the ayes were 110, nays 0.

The motion prevailed and the Senate substitute to HB 1146 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

FRIDAY, FEBRUARY 4, 1972

1333

HB 1153. By Messrs. Brown, Evans, Pinkston and Scarborough of the 81st, Miller of the 83rd and Coney of the 82nd:
A Bill to be entitled an Act to amend an Act entitled "The Uniform Act Regulating Traffic on Highways", so as to change the definition of the term "school bus"; and for other purposes.

The following substitute, offered by Mr. Brown of the 81st, was read:
A BILL
To be entitled an Act to amend an Act entitled "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 definition of the term "school bus"; to provide for other matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act entitled "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 subsec tion at the end of Section 89, to be designated subsection (i), to read as follows:
"(i) provided that any vehicle used primarily for transporting children to or from public or private schools which complies with those portions of Section 89 of this Act requiring said vehicles to bear the words 'school bus' on the front and rear of said vehicle, and requiring said vehicles to have installed on the left outerside of the body a stop arm to give notice to drivers that the bus is making a stop, shall be deemed a 'school bus' for the limited pur pose of subjecting traffic on highways to the laws which control the relationship between drivers of motor vehicles and school buses."
Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.
The following amendment was read:
Mr. Jones of the 87th moves to amend the floor substitute to HB 1153 as follows:
By adding to the title of said bill on line 4 of page 1, following the words and symbols "term 'school bus'", the following:
"to provide that it shall be unlawful to operate, or permit the

1334

JOURNAL OP THE HOUSE,

operation of, a school bus containing 20% more occupants than the maximum seating capacity of such bus; to provide for exceptions;".

By adding, following Section 1, a new Section, to be designated Section 2, to read as follows:

"Section 2. Said Act is further amended by adding at the end of Section 89 a new subsection, to be designated subsection (j), to read as follows:

'(j) It shall be unlawful for any person to operate, or permit the operation of, any school bus containing 20% more occupants than the maximum seating capacity of such bus; Provided, how ever, that nothing herein provided shall be applicable to any transittype vehicle used by common carriers or public transit authorities that provide school bus service incidental to their mass transit oper ations.' "

By renumbering Section 2, beginning on line 24 of page 1 as Sec tion 3.

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

Those voting in the affirmative were Messrs.

Adams, Marvin Alien Atherton Battle Bennett, Tom Black Brown, C. Brown, S. P. Busbee Chance Chandler Cole Collier Cook Dailey Davis, E. T. Davis, W. Egan Farrar Floyd, J. H. Floyd, L. R. Fraser

Gignilliat Granade Harris Harrison Hood Housley Howard Hutchinson Johnson Jones, Herb Jones, J. R. Jordan King Knight Kreeger Larsen, G. K. Levitas Matthews, D. R. Mauldin McDaniell McDonald Melton

Miles Moyer Nunn Patterson Pearce Poole Russell, A. B. Russell, W. B. Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sweat Thomason Triplett Vaughn Wheeler, J. A. Wilson Wood, R. E.

FRIDAY, FEBRUARY 4, 1972

1335

Those voting in the negative were Messrs.:

Adams, John Alexander, W. H. Blackshear Bohannon Bond Brantley, H. L. Bray Brown, B. D. Carr Chappell Cheeks Clements Collins, M. Collins, S. Coney, G. D. Coney, J. L. Dean, N. Dixon Edwards Evans Gary Gaynor Geisinger

Grantham Groover Ham Hawes Hays Hill, G. Horton Hudson, C. M. Hudson, Ted Isenberg Keyton Knowles Lambert Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lowrey Marcus Maxwell Merritt

Milford Miller Moore Mullinax Nessmith Odom Oxford Patten Peters Phillips, G. S. Phillips, W. R. Pinkston
Potts Reaves Roach Salem Stephens Toles Turner Wheeler, Bobby Whitmire Williams Wood, J. T.

Those not voting were Messrs. :

Adams, G. D. Alexander, W. M. Barfield Bell Bennett, J. T. Berry Bostick Bowen Brantley, H. H. Buck Burruss Carter Colwell Conger Connell Daugherty Dean, Gib Dean, J. E. Dent Dorminy

Drury Ezzard Felton Grahl Greer Griffin Gunter Hamilton Harrington Hill, B. L. Howell Jessup Lane, Dick Larsen, W. W. Logan Mason Matthews, C. McCracken Morgan Mulherin

Murphy Noble Northcutt Phillips, L. L. Pickard Rainey Ross Rush Russell, H. P. Savage Shepherd Snow Sorrells Strickland Thompson Townsend Tripp Wamble Ware Mr. Speaker

On the adoption of the amendment, the ayes were 66, nays 69.

The amendment was lost.

1336

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Cheeks of the 78th moves to amend the floor substitute to HB 1153 by adding in line 20, after "arm", "or a flashing light with 16 candle power or more.".

The floor substitute, as amended, was adopted.

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

On the passage of the Bill, by substitute, as amended, the roll call was or dered 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 Blackshear 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 Collier Collins, M. Collins, S.

Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Davis, E. T. Davis, W. Dean, N. Dent Dorminy Edwards Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Granade Grantham Greer Griffin Groover Gunter Ham 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 King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus

Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford

FRIDAY, FEBRUARY 4, 1972

1337

Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves 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 Stephens Strickland Sweat Thomason Toles Triplett Tripp Turner Vaughn Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.:

Dixon

Keyton

Moore

Those not voting were Messrs.:

Barfield Bennett, J. T. Berry Bostick Bowen Carter Colwell Daugherty Dean, Gib Dean, J. E.

Drury Ezzard Gignilliat Grahl Hamilton Harrington Larsen, W. W. Mason McCracken Murphy

Pickard Poole Roach Russell, H. P. Sorrells Thompson Townsend Wamble Ware Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 162, nays 3.

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

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

1338

JOURNAL OF THE HOUSE,

HB 1300. By Mr. Chandler of the 34th:
A Bill to be entitled an Act to amend Code Chapter 91-1A, known as the State Properties Control Code, so as to authorize the State Proper ties Control Commission to grant on behalf of the State without public bid and in its sole discretion revocable license agreements to any per son or legal entity doing business in the State to cross any property under the control of the State Properties Control Commission; and for other purposes.

The following amendments were read and adopted:
Mr. Chandler of the 34th moves to amend HB 1300 as follows:
By inserting in line 2 on page 1 between the word "Code" and the word "so" the following:
"as amended, particularly by an Act approved April 7, 1971 (Ga. Laws 1971, p. 578),".
By striking all language appearing in lines 12 through 15 on page 1 and inserting in lieu thereof the following:
"Section 1. Code Chapter 91-1 A, known as the State Proper ties Control Code, as amended, particularly by an Act approved April 7, 1971 (Ga. Laws 1971, p. 578) is hereby amended by strik ing Code Section 91-109A.1 in its entirety and substituting in lieu thereof a new Code Section to be designated 91-109.1A and to read as follows:"
Mr. Groover of the 27th moves to amend HB 1300 as follows:
by adding a new Sub-Section to be numbered l(d) and to read as follows:
"Such license agreement shall contain a provision that and readjustment of such licensee's facilities as a result of the State's desire or need to utilize the same shall be at the licensee's sole expense."

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

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

Those voting in the affirmative were Messrs.:

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

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

Atherton Barfield Battle

Bell Bennett, J. T. 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 Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy
Drury
Edwards
Egan
Ezzard
Farrar
Floyd, J. H.
Floyd, L. R.
Fraser
Gary
Gaynor
Geisinger
Gignilliat
Granade
Grantham

FRIDAY, FEBRUARY 4, 1972

1339

Greer Griffin Groover Gunter Ham 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. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan
Longino
Lowrey
Marcus
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McCracken
McDaniell
McDonald
Melton
Merritt
Miles
Milford

Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Snow Stephens Sweat Thomason Thompson
Toles
Triplett
Tripp
Turner
Vaughn
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

1340

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Bennett, Tom Carter Collier Colwell Coney, G. D. Dean, J. E. Evans Felton Grahl

Hamilton Hill, B. L. Larsen, W. W. Mason Murphy Pickard Poole Russell, H. P.

Scarborough Sherman Smith, V. T. Sorrells Strickland Townsend Wamble Mr. Speaker

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.

HB 1308. By Messrs. Gaynor of the 88th, Snow of the 1st and Roach of the 10th:
A Bill to be entitled an Act to amend Code Title 22, relating to corpora tions, so as to change certain terminology, definitions and references; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Judiciary moves to amend HB 1308 on page one, line 18 after the word business the words added "or having done busi ness" and on line 29 page 3, after word and conducting and before the word affairs the words added "or having conducted", and on page 3 subsection (b) on line 9 by striking the words "and obtainable from" and inserting in lieu thereof the word "by", and by adding after the word report on line 12 of page 3 the following sentences, to wit:
"The Secretary of State shall mail such report forms to the registered office of each corporation, however, the failure of any corporation to receive such forms shall not relieve that corporation of its responsibility to obtain appropriate forms, complete and file same with the Secretary of State. In the event a corporation has not filed a report within two previous calendar years, the Secretary of State shall not be required to mail to such corporation the re quired forms."

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:

FRIDAY, FEBRUARY 4, 1972

1341

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Bray 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 Dailey Daugherty Davis, E. T.
Davis, W.
Dean, N.
Dent
Dorminy
Drury
Edwards
Egan
Evans
Ezzard
Farrar

Felton Floyd, J. H. Floyd, L. R, Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, J. R. Jordan 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 Nessmith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves Roach Ross Rush Russell, A. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T.
Snow
Stephens
Sweat
Thomason
Thompson
Toles
Townsend
Triplett
Tripp
Turner

1342
Vaughn Ware Wheeler, Bobby

JOURNAL OF THE HOUSE,

Wheeler, J. A. Whitmire Williams

Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, Marvin Bennett, Tom Brantley, H. L. Carter Collier Collins, M. Dean, Gib Dean, J. E. Dixon Grahl

Howell Jessup Jones, Herb Keyton Lambert Larsen, W. W. Longino Mason McCracken Murphy

Patten Pickard Poole Russell, H. P. Russell, W. B. Scarborough Sorrells Strickland Wamble 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.

HB 1319. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to authorize any financial institution con tracting with a person for the use of a safety deposit box to permit any individual named in an order granted by the ordinary in which the financial institution is located to open and examine the contents of such box leased by any deceased or legally incompetent person; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to authorize any financial institution con tracting with a person for the use of a safety deposit box to permit any individual named in an order granted by a court of competent jurisdiction to open and examine the contents of any safety deposit box leased by any deceased or legally incompetent person under certain conditions; to require any such financial institution to permit the inventory of the contents of the safety deposit box of a decedent or legally incompetent person within a certain period of time; to provide that the inventory shall be retained by such financial institution and may be filed with the court of ordinary; to relieve the financial institu tion of liability; to authorize any financial institution to release the contents of any safety deposit box or any part thereof without liability to the personal representative under certain conditions; to provide for

FRIDAY, FEBRUARY 4, 1972

1343

all other 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. Any financial institution contracting with a person for the sole use of a safety deposit box, upon presentation of satisfactory proof of the death or legal incompetence of such person, shall permit any individual named in an order granted by the court of ordinary having jurisdiction of such person's estate to open and examine the contents of any safety deposit box leased by the decedent or legally incompetent person in the presence of an officer of the financial institu tion. The financial institution, if so requested by such person, shall deliver;

(a) Any writing purporting to be a will of the decedent to the court of ordinary having jurisdiction of the decedent's estate;

(b) Any writing purporting to be a deed to a burial plot or to give burial instructions to the person named in such order;

(c) Any document purporting to be an insurance policy on the life of the decedent to the beneficiary named therein; but no other con tents shall be removed pursuant to this Section.

Section 2. The financial institution shall permit the person named in such order to inventory the contents of any safety deposit box leased or rented to the decedent or legally incompetent person within five (5) banking days after the order of the court is presented to the financial institution. The inventory shall be conducted in the presence of an officer or employee of the financial institution by the person named in such order. The inventory shall be signed by such persons, and a copy thereof shall be retained by the financial institu tion and may be filed with the court of ordinary.

Section 3. The order of the court of ordinary shall operate as a complete acquittance and discharge to the financial institution from all liability with respect to any action, suit, claim or demand of whatever nature asserted by any heir, legatee, distributee, creditor, administrator, executor, guardian, trustee or other fiduciary or by any other person whomsoever.

Section 4. Upon presentation of a certified copy of his letters of authority, the financial institution shall grant the personal representa tive access to any safety deposit box in the sole name of a decedent or legally incompetent person and to permit him to remove from such box any part or all of the contents thereof without liability.

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

1344

JOURNAL OF THE HOUSE,

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

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

Those voting in the affirmative were Messrs.

Adams, 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 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, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey 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. Gary Gaynor Geisinger Gignilliat Granade Grantham Griffin Groover Gunter Ham 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 King Knight Knowles

Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W.J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Odom Oxford Patterson Pearce Peters Phillips, G. S. Pinkston Potts Rainey Reaves Roach Ross Rush Salem Savage

Scarborough, Shanahan Shepherd Sherman Sims Smith, H. R, Smith, J. R. Smith, V. T.

FRIDAY, FEBRUARY 4, 1972

1345

Snow Stephens Sweat Thompson Toles Townsend Turner Ware

Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.:

Fraser

Merritt

Those not voting were Messrs.:

Blackshear Collins, M. Cook Dean, J. E. Dixon Grahl Greer Hamilton Hood Howell Jones, Herb Keyton

Larsen, W. W. Longino McCracken McDaniell McDonald Murphy Northcutt Patten Phillips, L. L. Phillips, W. R. Pickard Poole

Russell, A. B. Russell, H. P. Russell, W. B. Sorrells Strickland Thomason Triplett Tfipp Vaughn Wamble 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 1378. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to authorize administrators, executors, guardians, trustees and other fiduciaries to acquire, invest, reinvest, exchange, retain, sell and manage property for the benefit of another in a fiduciary capacity; and for other purposes.

The following amendment was read and adopted:
Messrs. Bohannon of the 20th and Gaynor of the 88th move to amend HB 1378 by striking the word "guardians" from lines 1 and 16

1346

JOURNAL OF THE HOUSE,

of page 1 and by adding the following language after "State," on line 16 of Page 1:

"except for guardians unless specifically authorized by a court of competent jurisdiction".

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

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

Those voting in the affirmative were Messrs.

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

Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Hamilton

Harrington Harris Harrison Hawes Hays 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 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 Melton Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom

FRIDAY, FEBRUARY 4, 1972

1347

Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Rainey Reaves Roach Ross Rush Russell, A. B. Salem Savage Scarborough Shanahan Sherman

Sims Smith, H. R. Smith, V. T. Sorrells Stephens Strickland Sweat Triplett Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Matthews, D. R.

Merritt

Patten

Those not voting were Messrs.:

Buck Carter Cook Dean, J. E. Hudson, C. M. Larsen, W. W. Le vitas McCracken McDonald

Murphy Phillips, W. R. Pickard Poole Potts Russell, H. P. Russell, W. B. Shepherd Smith, J. R.

Snow Thomason Thompson Toles Townsend Tripp Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 166, nays 3.

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

HB 1376. By Messrs. Pinkston of the 81st, Felton of the 95th and Howard of the 117th:
A Bill to be entitled an Act to amend an Act relieving certain national banking associations, State banks and trust companies from furnishing security or sureties on bonds executed as administrators, so as to relieve certain financial institutions from furnishing security or sureties

1848

JOURNAL OF THE HOUSE,

unless the instrument under which it qualified provides that it shall give bond; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the 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 Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.

Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, N". Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Groover Gunter 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. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwejl McCracken McDaniell 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.

FRIDAY, FEBRUARY 4, 1972

1349

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

Smith, V. T.
Snow Sorrells
Sweat Thomason Thompson
Toles Triplett Tripp Turner Vaughn Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Bennett, J. T. Carter Dean, Gib Dean, J. E. Egan Grahl
Larsen, W. W.

McDonald Murphy Northcutt Pickard Poole Russell, H. P.

Russell, W. B. Stephens Strickland Townsend Wamble Ware

On the passage of the Bill, the ayes were 175, nays 0.

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

HB 1385. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to permit the trustees or other person or body entrusted with the power to invest the assets of any public retire ment, pension or emeritus system created under the laws of Georgia to require the records of such agent to clearly show the capacity in Which such securities are held; and for other purposes.

The following amendments were read and adopted: Mr. Pinkston of the 81st moves to amend HB 1385 by inserting1 after

1350

JOURNAL OF THE HOUSE,

the word "act" on line 5 of said Bill and before the word "as" on line 6 of said Bill, the following:

"as custodian of such assets or";

and by inserting between the words "act" and "as" on line 24 of said Bill the following:

"as custodian of such assets or".

Mr. Groover of the 27th moves to amend HB 1385 by adding in line 13 of page 2 after the word "securities" the following:

"or the income therefrom".

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 Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee

Carr Carter Chance Chandler Cheeks Cole Collier 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 Drury Edwards Egan Evans

Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Granade Grantham Greer Griffin Groover Gunter 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 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.
Matthews, D. R.

FRIDAY, FEBRUARY 4, 1972

1351

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
Potts
Reaves

Roach Ross Rush Russell, H. P. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sweat Thompson Toles Townsend Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Battle Bowen Chappell Clements Collins, M. Dean, J. E. Dorminy Farrar Gignilliat Grahl

Jones, J. R. Larsen, W. W. Le vitas Murphy Phillips, W. R. Pickard Poole Rainey Russell, A. B.

Russell, W. B. Scarborough Snow Sorrells Stephens Strickland Thomason Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 167, nays 0.

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

as amended.



1352

JOURNAL OF THE HOUSE,

HB 1377. By Messrs. Pinkston of the 81st, Pelton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 113-2004, relating to compensation allowable to administrators and executors for the delivery of property in kind, so as to provide that commissions shall be allowed to administrators and executors for delivering over any property in kind in the discretion of the ordinary; 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. Atherton Bell Bennett, Tom Berry Black Blackshear Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole ! Collins, M. Collins, S. Cqlwell Coney, G. D.

Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Drury Edwards Egan Evans Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Granade Grantham Greer Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes

Hays Hood Howard Howell Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Keyton Knowles Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) 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 Phillips, G. S.

FRIDAY, FEBRUARY 4, 1972

1353

Phillips, L. L. Pinkston Reaves Roach Ross Rush Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow

Stephens Thompson Toles Townsend Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Bohannon Chappell Collier Coney, J. L.

Dixon King Lee, W. S.

Peters Phillips, W. R. Sweat

Those not voting were Messrs.:

Alien Barfield Battle Bennett Brown, B. D. Dean, J. E. Dorminy Ezzard Farrar Gignilliat Grahl Hill, B. L. Hill, G.

Horton Housley Hudson Isenberg Jordan Knight Kreeger Larsen, W. W. Leggett Levitas Matthews, D. R. Murphy Pickard

Poole Potts Rainey Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Sorrells Strickland Thomason Wamble Wilson Mr, Speaker

On the passage of the Bill, the ayes were 146, nays 10.
The Bill, having received the requisite constitutional majority, was passed.
HB 1382. By Messrs, Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th: A Bill to be entitled an Act to amend Code Chapter 113-8, relating to

1354

JOURNAL OP THE HOUSE,

devises and legacies, as amended, so as to permit a person who is an heir, devisee, person succeeding to a renounced interest, beneficiary under a testamentary instrument, to renounce in whole or in part the succession to any property or interest therein; and for other pur poses.

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

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

Those voting in the affirmative were Messrs.

Adams, G. D., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T., Jr. 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 Chappell Cheeks Clements Cole Collier Collins, M. Collins, S.

Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Edwards Egan Evans Ezzard Pelton Ployd, J. H. Ployd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Groover Gunter Ham Hamilton Harris

Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. 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 Patterson

FRIDAY, FEBRUARY 4, 1972

1355

Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston 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. Stephens Sweat Thompson Toles Townsend Triplett Tripp Turner Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Blackshear Chandler Dean, J. E. Dorminy Farrar Grahl Harrington Hill, G. Isenberg

Larsen, W. W. Leggett Levitas McCracken Moore Murphy Pickard Poole Rainey

Russell, W. B. Snow Sorrells Strickland Thomason
Vaughn Wamble Ware Mr. Speaker

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

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

HB 1384. By Messrs. Pinkston of the 81st, Felton of the 95th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 49-223, relating to commissions, extra compensation and traveling expenses of guardians, so as to provide for compensation to guardians for delivery of property in kind; and for other purposes.

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

1356

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 109, nays 3.

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

HB 1383. By Messrs. Pinkston of the 81st, Felton of the 98th, Ham of the 33rd and Howard of the 117th: A Bill to be entitled an Act to amend Code Title 113, relating to wills, descent, and administration of estates, as amended, so as to reduce the time within which an administrator shall ascertain the condition of the estate; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Banks and Banking moves to amend HB 1383 as follows:
By inserting in the title immediately preceding the phrase
"to repeal conflicting laws"
the following:
"to give the ordinary discretionary authority to extend the time within which the administrator shall settle the estate;".
By adding at the end of quoted Code Section 113-2201 of Section 2 the following:
"The ordinary may, in his discretion, give the administrator an additional six (6) months to settle said estate."

The following amendment was read and adopted:
Messrs. Bohannon of the 20th and Gaynor of the 88th move to amend HB 1383 as follows:
By inserting in the title immediately preceding the phrase
"to repeal conflicting laws"
the following:
"to give the ordinary discretionary authority to extend the the time within which the administrator shall settle the estate;".

FRIDAY, FEBRUARY 4, 1972

1357

By adding at the end of quoted Code Section 113-2201 of Section 2 the following:

"The ordinary may, in his discretion, give the administrator addition time to settle said estate."

Mr. Gaynor of the 88th moved that the House reconsider its action in adopting the Committee amendment.

The motion prevailed.

Mr. Gaynor of the 88th moved that the Committee amendment be with drawn.

The motion prevailed.

The report of the Committee, which was favorable to the passage of 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., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Bariield Battle Bell Bennett, J. T., Jr. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell

Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Egan Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor

1358
Geisinger Gignilliat Grahl Granade Grantham Greer Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lambert

JOURNAL OF THE HOUSE,

Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lowrey Marcus Mason Matthews, D. R. Mauldin, A. T. McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters

Phillips, L. L. Phillips, W. R. Pinkston
Potts Rainey Reaves Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sweat Thompson Toles Townsend Triplett Tripp Turner Vaughn Ware Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Chappell Conger Dixon Ezzard Griffin Hill, G. Howard Jordan Larsen, W. W. Levitas

Logan Matthews, C. Maxwell McCracken McDaniell Murphy Phillips, G. S. Pickard Poole Roach

Russell, W. B. Shepherd Snow Sorrells Stephens Strickland Thorn ason Wamble Wheeler, Bobby 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.

FRIDAY, FEBRUARY 4, 1972

1359

HB 1150. By Mr. Alexander of the 108th:
A Bill to be entitled an Act to amend Code Section 113-903, relating to the rules of inheritance, as amended, so as to provide for inheritance by the grandmothers and grandfathers of the intestate; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Banks and Banking moves to amend HB 1150 as follows:
By striking quoted subsection (9) of Section 1 in its entirety and inserting in lieu thereof the following:
"9. Uncles and aunts stand next in degree with the children of any deceased uncle or aunt inheriting in the place of their parent."

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., Jr. 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. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty

Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Gignilliat Granade Grantham Greer

1360

JOURNAL OF THE HOUSE,

Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett

Le vitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDonald Melton Miles Milford Miller Morgan Mover Mulherin Mullinax Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey

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

Those not voting were Messrs.:

Bennett, J. T., Jr. Collins, S. Conger Drury Egan Geisinger Grahl Hill, B. L. Hood

Howard Jessup Lane, W. J. McCracken McDaniell Merritt Moore Murphy Nessmith

Phillips, G. S. Pickard Poole Russell, W. B. Snow Strickland Tripp Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 168, nays 0.

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

FRIDAY, FEBRUARY 4, 1972

1361

HB 1379. By Messrs. Pinkston of the 81st, Felton of the 98th, Ham of the 33rd and Howard of the 117th:
A Bill to be entitled an Act to amend Code Section 49-115, relating to additional bond of a special guardian, so as to give the ordinary dis cretionary authority to accept a commercial bond for the value of the estate in lieu of a bond of an individual for double the value of the estate; and for other purposes.

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

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

Those voting in the affirmative were Messrs.

Alexander, W. H. Alexander, W. M. Alien Barfield Battle Bell Black Blackshear Bond Bowen Brantley, H. H. Bray Brown, B. D. Brown, C. Brown, S. P. Busbee Can-
Cheeks Cole Collins, S. Colwell Coney, G. D. Conger Cook Dailey Daugherty Davis, E. T. Edwards Egan

Evans Farrar Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Griffin Gunter Ham Hamilton Harrington Hawes Hill, B. L. Horton Howard Jones, Herb Jones, J. R. King Knight Kreeger Lambert Larsen, G. K. Longino Lowrey Marcus Mason

Melton Miles Milford Miller Morgan Moyer Mullinax Nunn Oxford Pearce Pinkston Potts Ross Rush Salem Shanahan Sims Smith, H. R. Smith, V. T. Sorrells Stephens Sweat Thompson Townsend Triplett Turner Ware Wilson

1362

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Adams, John Adams, Marvin Bennett, Tom Bohannon Brantley, H. L. Chance Clements Conley, J. L. Connell Davis, W. Dean, N. Dent Dorminy Ezzard Floyd, J. H. Grantham Greer Groover Harris Harrison

Hays Hill, G. Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jordan Keyton Knowles Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Mauldin Maxwell McDonald Merritt Moore Mulherin

Nessmith Noble Patterson Patten Peters Phillips, L. L. Phillips, W. R. Roach Russell, H. P. Scarborough Sherman Toles Tripp Wheeler, Bobby Whitmire Williams Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, G. D., Jr. Atherton Bennett, J. T., Jr. Berry Bostick Buck Burruss Carter Chandler Chappell Collier Collins, M. Dean, Gib Dean, J. E. Dixon Drury Felton Grahl

Granade Hood Housley Howell Isenberg Lane, Dick Larsen, W. W. Legett Le vitas Lewis Logan Matthews, C. Matthews, D. B. McCracken McDaniell Murphy Northcutt Odom

Phillips, G. S. Pickard Poole Rainey Reaves Russell, A. B. Russell, W. B.
Shepherd Smith, J. R. Snow Strickland Thomason Vaughn Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 85, nays 57.

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

Mr. Rainey of the 47th stated that he had been called from the floor of the

FRIDAY, FEBRUARY 4, 1972

1363

House when the roll was called on HB 1379. He wished to be recorded as voting "nay".

Mr. Pinkston of the 81st served notice -that at the proper time he would ask the House to reconsider its action in failing to give the requisite consti tutional majority to HB 1379.

HB 1443. By Messrs. Reaves of the 71st and Collins of the 62nd:
A Bill to be entitled an Act to provide that all food service establish ments shall display certain information on menus concerning meat products imported from a foreign country; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Agriculture moves to amend House Bill No. 1443 as follows:
By deleting Section 1 in its entirety and substituting a new Sec tion 1 to read as follows:
Section 1. All food service establishments in this State, as defined in Code Section 88-1001, which serve carcass beef or cuts derived from such carcass' and such carcass are imported from a foreign country shall conspicuously display in or attached to their menus the words: "We serve beef imported from a foreign country.

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., Jr. Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield 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 Chappell Cheeks Clements Cole Collier Collins, M.
Collins, S.

1364
Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dorminy Drury Edwards Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton

JOURNAL OF THE HOUSE,

Housley Howell Hudson, C. M. Hudson, Ted Hutchinson
Jessup Johnson Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Oxford

Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Reaves
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 Stephens Sweat Thomason Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson Wood, A. E.

Those voting in the negative were Messrs.:

Larsen, G. K.

Williams W. M.

Those not voting were Messrs.:

Adams, John Alien Bennett, J. T., Jr. Blackshear Buck Chandler

Dean, J. E. Dixon Egan Felton Gaynor Granade

Hamilton Hood Howard Isenberg Jones, Herb Jordan

FRIDAY, FEBRUARY 4, 1972

1365

Lee, W. J. (Bill) Lee, W. S. Leggett Longino Mauldin McCracken McDaniell Milford

Murphy Northcutt Odom Phillips, G. S. Pickard Poole Russell, W. B. Savage

Strickland Thompson Toles Townsend Triplett Wood, J. T. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 152, nays 2.

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

Mr. Wood of the llth stated that he had been called from the floor of the House when the roll was called on HB 1442. He wished to be recorded as voting

HR 532-1205. By Mr. Whitmire of the llth: A Resolution compensating Mr. David A. Lane and Mrs. Beverly H. Lane; 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 171, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 536-1205. By Mr. Whitmire of the llth: A Resolution compensating Mr. Hubert Bailey; 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 171, nays 0.

1366

JOURNAL OF THE HOUSE,

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

HR 656-1539. By Messrs. Matthews and Patten of the 63rd: A Resolution compensating Mr. N. B. Mills; 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 171, nays 0.

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

HR 680-1585. By Mr. Bell of the 73rd: A Resolution compensating Mr. Harvey Pace; 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 171, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.
HR 696-1621. By Mr. Greer of the 95th: A Resolution compensating Mr. Wingrave G. Morrison; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 696-1621 by striking the figure "$655.22" on line 17, and by inserting in lieu thereof the figure "$652.33".

FRIDAY, FEBRUARY 4, 1972

1367

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 171, nays 0.

The Resolution, having the requisite constitutional majority, was adopted, as amended.
HR 561-1299. By Mr. Wood of the llth: A Resolution compensating the Mansfield Oil Company of Gainesville, Georgia; and for other purposes.

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

On the adoption of the Resolution, the ayes were 171, nays 0.

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

HR 657-1539. Mr. Lowrey of the 9th: A Resolution compensating Mr. Andy A. Busby; 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 171, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 672-1575. By Mr. Colwell of the 5th: A Resolution compensating Mr. Charles F. Trammell; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

1368

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 171, nays 0.

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

HB 1350. By Messrs. Dean of the 19th, Coney of the 118th and Adams of the 9th:
A Bill to be entitled an Act to authorize the State Personnel Board to provide a Health Insurance Plan for Public School Employees of the State of Georgia; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Insurance moves to amend HB 1350 as follows:
By striking Section 15, on lines 12 and 13 of page 7, in its entirety and inserting in lieu thereof a new Section 15 to read as follows:
"Section 15. This Act shall become effective when the General Assembly shall appropriate the necessary funds to implement the provisions of this Act."

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

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

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond

Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carter Chance Chandler Cheeks Clements

Cole Collins, M. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon

Edwards Evans Ezzard Felton Fraser Gary Gay nor Gignilliat Grantham Greer Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison 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

FRIDAY, FEBRUARY 4, 1972

1369

Knight Knowles Kreeger Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten

Pearce Peters Phillips, L. L. Pinkston Potts Rainey Reaves Roach Russell, A. B. Russell, H. P. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Thompson Toles Triplett Tripp Turner Vaughn Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Collins, S. Egan

Floyd, L. R. Geisinger

Townsend

Those not voting were Messrs.:

Adams, G. D. Alien Buck Carr Chappell Collier Colwell Dean, Gib Dorminy

Drury Farrar Floyd, J. H. Grahl Granade Hood Hutchinson Lambert Lane, Dick

Larsen, W. W. Levitas Longino Mason McCracken Murphy Phillips, G. S. Phillips, W. R. Pickard

1370
Poole Ross Rush Russell, W. B.

JOURNAL OF THE HOUSE,

Savage Strickland Thoniason Wamble

Ware Wheeler, Bobby Mr. Speaker

On the passage of the Bill, as amended, the ayes were 152, nays 5.

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

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

HR 738. By Messrs. Rush of the 51st, Carr of the 35th, Nessmith of the 44th, Brantley of the 52nd, Smith of the 39th and many others:
A RESOLUTION
Urging the Game and Fish Commission to extend the shad fishing season; and for other purposes.
WHEREAS, shad fish are one of the most delicious fish caught in the State of Georgia; and
WHEREAS, shad fish are of great economic value to the people of Georgia; and
WHEREAS, the rivers of this State have been at flood stage since the shad fishing season opened on January 1; and
WHEREAS, the weather during the shad fishing season has been extremely cold and unsuitable for fishing; and
WHEREAS, very few shad fish have been taken from our streams and rivers during the month of January.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body, and particularly the members of the Game and Fish Committee of the House of Rep resentatives, do hereby request the Honorable Joe Tanner Director, and the members of the Game and Fish Commission to extend the 1972 season for the taking of shad fish from March 31 to April 15.
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 Honorable Joe Tanner and to each member of the Game and Fish Commission.

FRIDAY, FEBRUARY 4, 1972

1371

HR 739. By Messrs. Ware of the 30th, Gignilliat of the 89th, Russell of the 70th, Collins of the 62nd, Carr of the 35th and many others:

A RESOLUTION

Urging the Georgia Congressional Delegation to exert their in fluence to obtain the funds necessary for the purchase of the land for the new Veterans Administration Hospital in Augusta, Georgia, and reestablish the high priority for the construction of the hospital; and for other purposes.

WHEREAS, the Veterans Administration advocates that VA hos pitals should be built adjacent to medical colleges and affiliated with the medical complex; and

WHEREAS, since 1965 the VA has indicated a desire to build a VA replacement hospital for the old Forrest Hills Veterans Adminis tration Hospital in Augusta, Georgia; and

WHEREAS, the VA selected a site near the Medical College of Georgia and the University Hospital in Augusta, Georgia; and

WHEREAS, the City of Augusta has held this land several years for the VA expecting the VA to purchase the land and construct the hospital; and

WHEREAS, the funds for the purchase of the land were appro priated by the United States Congress; and

WHEREAS, the Office of Management and Budget consistently refused to release the funds to the Veterans Administration to pur chase the land; and

WHEREAS, the Veterans Administration has continued to state that the replacement hospital in Augusta was highest on its priority list; and

WHEREAS, the President's Budget Message for FY 1973 com pletely omitted funds for the Augusta Veterans Administration Hos pital and did provide funds for construction of other VA hospitals not adjacent to medical colleges and lower on the priority list than the Augusta Veterans Administration Hospital.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby ex press their complete disappointment and dissatisfaction of this action and urge the entire Georgia Congressional Delegation to exert their influence to obtain the funds necessary for the purchase of the land for the new Veterans Administration Hospital in Augusta and reestablish the high priority for the construction of the hospital.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap-

1372

JOURNAL OF THE HOUSE,

propriate copy of this Resolution to the President of the United States, the Administrator of Veterans Affairs, the Director of the Office of Management and Budget, and to each member of the Georgia Congres sional Delegation.

HR 740. By Messrs. Conger of the 68th, Buck of the 84th, Hudson of the 48th, Pickard of the 84th, Thompson of the 85th and many others:
A RESOLUTION
Urging that the Secretary of State be returned as Keeper of Public Buildings and Grounds; and for other purposes.
WHEREAS, during 1971 the Governor decreed that the Secretary of State would no longer be Keeper of Public Buildings and Grounds but that the Georgia Building Authority would be responsible for maintaining the Capitol Building and grounds and providing security therefor; and
WHEREAS, while the Secretary of State occupied the above posi tion, the grounds of the Capitol were beautiful the year round, with flowers blooming during all seasons of the year, and eliciting favorable comment from Georgians and visitors from other states and foreign countries; and
WHEREAS, since the change in supervision, the grounds have deteriorated to a large degree, there are no flowers blooming, and much unfavorable comment has been forthcoming; and
WHEREAS, the supervision, control and maintenance of the build ings and grounds were far superior while the Secretary of State was Keeper of Buildings and Grounds.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF GEORGIA that the Governor is hereby urged and requested to de signate the Secretary of State as Keeper of the Buildings and Grounds and return to him the supervision, maintenance, operation, upkeep and security of the Capitol Building and grounds.
BE IT FURTHER RESOLVED that the Clerk of the House is instructed to transmit a copy of this resolution to the Governor, to the Secretary of State and to each member of the Georgia Building Au thority.

HR 741. By Messrs. Davis and King of the 86th, Thompson and Berry of the 85th, Pickard, Buck and Pearce of the 84th:
A RESOLUTION
Relative to the South Georgia Limited Access Highway Associa tion; and for other purposes.

FRIDAY, FEBRUARY 4, 1972

1373

WHEREAS, the six south Georgia Area Planning and Develop ment Commissions have recognized and taken cognizance of the high way situation in south Georgia; and

WHEREAS, these Area Planning and Development Commissions have caused professional feasibility and justification studies to be ac complished; and

WHEREAS, these six south Georgia Area Planning and Develop ment Commissions have joined together to sponsor and establish the South Georgia Limited Access Highway Association; and

WHEREAS, the South Georgia Limited Access Highway Associa tion and its objectives are funded and supported by twenty-three coun ties and cities of south Georgia; and

WHEREAS, the South Georgia Limited Access Highway Associa tion endeavors to improve and enhance the highway conditions in Geor gia and the southeastern United States.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby ac knowledge and endorse the outstanding efforts being made through the South Georgia Limited Access Highway Association, by the sponsoring commissions, supporting counties and cities, and do hereby encourage this fine endeavor to provide more adequate high-standard highways in Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to the South Georgia Limited Access Highway Association and to each of the six Area Planning and De velopment Commissions.

HR 743. By Messrs. Brown of the 81st, Nunn of the 41st, Levitas of the 77th and many others:
A RESOLUTION
Commending the Honorable Larry W. Thomason; and for other purposes.
WHEREAS, the Honorable Larry W. Thomason was born 30 years ago today; and
WHEREAS, he is also known as the Sunshine Kid, the Chattooga Flash, the North Carolina Land Grabber, the Lookout Mountain Climber, the Blond Blaster, and the Gentleman from the 77th; and
WHEREAS, the above named has been instrumental in preventing the propagation of hepatitis by day, and instrumental in spreading and propagating equally dangerous diseases of society nocturnally; and

1374

JOURNAL OF THE HOUSE,

WHEREAS, the said Larry W. Thomason has been extremely suc cessful in familiarizing the public with his name through the newspaper, radio, television, and wild rumors; and

WHEREAS, the gentleman has brightened and enlightened the halls of this House by helping initiate the legislative intern program, and has brightened and enlightened the living rooms of Georgia by playing such a substantial role in "The Lawmakers" program; and

WHEREAS, the said Larry W. Thomason, at the tender age of 30 (despite not having yet had a haircut), has proved to be very industri ous, hard-working, honorable servant of the people of DeKalb County and the State of Georgia, and a personable, amicable and good-natured colleague of the members of this, the House of Representatives of Geor gia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend the Honorable Larry W. Thomason on the occasion of his 30th birthday.

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 Larry W. Thomason.

HR 744. By Messrs. Murphy and Dean of the 19th, Harris of the 10th, Williams of the llth and many others:
A RESOLUTION
Wishing the Honorable James H. "Sloppy" Floyd a happy birth day; and for other purposes.
WHEREAS, the Honorable James H. "Sloppy" Floyd was born on February 4, 1920, at Trion, Georgia; and
WHEREAS, he has served with great distinction and ability as a member of the House of Representatives, representing Chattooga County since 1953; and
WHEREAS, his counsel and advice are constantly sought by mem bers of this body; and
WHEREAS, he has served with distinction as Chairman of the Appropriations Committee of the House of Representatives; and
WHEREAS, he has shown great ability in objectively dealing with the almost insurmountable problems relative to appropriating the funds of this State; and

FRIDAY, FEBRUARY 4, 1972

1375

WHEREAS, it is only fitting and proper that he be recognized and commended on his birthday.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby extend to the Honorable James H. "Sloppy" Floyd their sincerest best wishes for a happy birthday.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Honorable James H. "Sloppy" Floyd.

HR 746. By Messrs. Bohannon and Patterson of the 20th:
A RESOLUTION
Commending Coach Ben Perkins and the Bowdon High School "Red Devils" football team; and for other purposes.
WHEREAS, on December 10, 1971, Coach Ben Perkins led the Bowdon High School "Red Devils" football team to a State Class B Football Championship; and
WHEREAS, the admirable record compiled by this team during the 1971 football season can only be attributed to the outstanding ded ication, drive and physical conditioning of the members of the team and to the outstanding coaching ability of Coach Ben Perkins and the "Red Devils" coaching staff; and
WHEREAS, Coach Perkins has compiled an admirable record while a coach at Bowdon High School and was named Coach of the Year for Class B Football for 1971.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend Coach Ben Perkins and the Bowdon High School "Red Devils" football team for their outstanding accomplishments dur ing the 1971 football season and for winning the State Class B Football Championship.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit appropriate copies of this Resolution to Coach Ben Perkins and to Bowdon High School.

HR 747. Messrs. Bohannon and Patterson of the 20th: A RESOLUTION
Commending Mr. Ferrell Drummond; and for other purposes. WHEREAS, Mr. Ferrell Drummond, chairman of the Carrollton

1376

JOURNAL OP THE HOUSE,

High School English Department, has been chosen as Georgia Teacher of the Year for 1971; and

WHEREAS, the Teacher of the Year Program honors teaching1 ex cellence as both an achievement and an inspiration to others; and

WHEREAS, Mr. Drummond is respected and admired by his stu dents, their parents, and by his co-workers; and

WHEREAS, he has shown a unique ability to communicate with students and instills in his students the confidence which they need to successfully cope with the daily problems and pressures of an educa tional environment; and

WHEREAS, he has taught in Georgia and Alabama public schools, in the Army Dependent School at Fort McClellan, at West Georgia Col lege and at Carrollton High School, has served as Department Chairman in English at three schools, and has been a member of the Talented and Superior Student project, a member of the Alabama Commission on English, a participant in the first NDEA English Institute and a par ticipant in the EDPA English Institution; and

WHEREAS, he has served on the State Screening Committee for the Governor's Honors Program and was an instructor at the Governor's Honors Program; and

WHEREAS, he was selected as STAR teacher in 1967, 1968 and 1969, and was the Jaycees Outstanding Young Educator in 1968; and

WHEREAS, it is only fitting and proper that Mr. Ferrell Drum mond be recognized and commended for his many outstanding accom plishments and for his contributions to the students at Carrollton High School.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body to hereby recog nize and commend Mr. Ferrell Drummond on his selection as Georgia Teacher of the Year for 1971.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mr. Ferrell Drummond.

HE 748. By Messrs. Bohannon and Patterson of the 20th: A RESOLUTION
.Commending Coach Charlie Grisham; and for other purposes. WHEREAS, on December 11, 1971, Coach Charlie Grisham lead

FRIDAY, FEBRUARY 4, 1972

:i377

the Carrollton High School "Trojans" football team to the State Class A Football Championship; and

WHEREAS, this outstanding victory was the third championship won by the "Trojans" under the direction of Coach Charlie Grisham; and

WHEREAS, during the 1971 football season the "Trojans" football team compiled an outstanding record of victories; and the members of the team displayed amazing offensive and defensive talents; and

WHEREAS, Assistant Coaches Vernon Wilkes and Donald Slate

have performed an outstanding job of molding and directing the talents

of the members of the "Trojans".

: ''

NOW, THEREFORE BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend and congratulate Coach Charlie Grisham, Assistant Coaches Ver non Wilkes and Donald Slate and the members of the Carrollton High School "Trojans" football team for their outstanding performance in winning the 1971 State Class A Football Championship.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Coach Charlie Grisham, Assistant Coaches Vernon Wilkes and Donald Slate and Carrollton High School.

HR 749. By Messrs. Bohannon and Patterson of the 20th:
A RESOLUTION
Commending Mr. Vernon Wilkes; and for other purposes.
WHEREAS, Mr. Vernon Wilkes has served with distinction dur ing 1971 as a teacher, track coach, cross country coach and football line coach at Carrollton High School; and
WHEREAS, under his brilliant coaching efforts the ' Carrollton High School track team won two state championships during 1971, the State Class A Track Championship and State Class A Cross Country Championship; and
WHEREAS, he was selected by the Georgia Athletic Coaches As sociation as Track Coach of the Year for 1971 for all classifications; and
WHEREAS, during the 1969-70 school year Mr. Wilkes was named STAR teacher for the Carrollton City School System; and
WHEREAS, it is only fitting and proper that Mr. Vernon Wilkes

1378

JOURNAL OF THE HOUSE,

be recognized and commended for his outstanding accomplishments and contributions.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend Mr. Vernon Wilkes for his many outstanding con tributions to the athletic achievements of Carrollton High School.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mr. Vernon Wilkes.

HR 750. By Messrs. Bohannon and Patterson of the 20th and Melton of the 32nd:
A RESOLUTION
Expressing sympathy at the passing of Mrs. Frances M. Parkman; and for other purposes.
WHEREAS, Mrs. Frances M. Parkman passed away on December 23', 1971; and
WHEREAS, she was an owner and staff member of the Carroll Publishing Company and helped her husband establish the Carroll County Georgian in 1945; and
WHEREAS, through her knowledge of newspaper operation and her remarkable ability, she was able to handle many positions on the newspaper staff; and
WHEREAS, she was the devoted wife of Mr. Stanley Parkman and the mother of four outstanding children, David S. Parkman III, Ralph M. Parkman, Mrs. Claude C. Wills III, and Mrs. William C. Loeffler.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regrets at the passing of Mrs. Frances M. Parkman, and to hereby extend their sincerest sympathy to Mr. Parkman and the members of the Parkman family.
BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit appropriate copies of this Resolution to Mr. Stanley Parkman and to the members of the Parkman family.

HR 751. By Mr. Toles of the 9th:
A RESOLUTION
Commending Mr. Charles Bronson Alien, III; and for other pur poses.

f

FRIDAY, FEBRUARY 4, 1972

1379

WHEREAS, Mr. Charles Bronson Alien, III, is the nephew of Representative E. B. Toles and makes his home in Brunswick, Ohio; and

WHEREAS, Mr. Alien, has many close ties in Georgia, and, as a boy, spent many summers with his grandfather, Mr. J. G. Toles, in Lyerly, Georgia, in Chattooga County; and

WHEREAS, during one of those visits he gave Georgians a lesson in "horse sense" and horse training that has not yet been forgotten; and

WHEREAS, the lesson came about because his grandfather was the owner of a mule that was the very definition of the "stubborn mule" in that the animal refused to move, notwithstanding the entreaties of grandfather, friends, neighbors, enemies and strangers; and

WHEREAS, it fell upon the enterprising young master Alien to solve the dilemma by the simple devices of attaching a tempting ear of corn on the end of a long stick and then mounting the animal with the instrument held in such a way that the ear of corn was clearly within vision, but not the reach, of the heretofore immobile mule; and

WHEREAS, so mounted, the mule thereupon, without the slightest hesitation, followed the tempting morsel all the way to town and back to the farm, to the delight and enlightenment of scores of North Geor gians.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend Mr. Charles Bronson Alien, III, for giving Georgians an out standing display of horse training talent while visiting the grand father in Lyerly, Georgia, at the tender age of ten.

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. Charles Bronson Alien, III.

HR 752. By Messrs. Adams and Smith of the 39th, Levitas of the 77th, Patten of the 63rd and many others:
A RESOLUTION
Commending the DeKalb County School System; and for other pur poses.
WHEREAS, the DeKalb County School System has provided mem bers of the General Assembly and other persons at the State Capitol with beautiful music during the 1972 session; and
WHEREAS, this popular choral music has been an inspiration to, members of this Body; and

1380

JOUENAL OF THE HOUSE,

---. v -::!,. >-i ^WHEREAS, these young students are a perfect example of the in telligence and talents that exist in today's young people;

WHEREAS, the instructors of these choral groups should be com, ; .r jtoended on their outstanding work in developing the musical talents
' i oftheSe young people; and

WHEREAS, it is only fitting and proper that these outstanding stu dents and their instructors should be congratulated and commended for '>' their contributions to the 1972 session of the legislature.

'

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

r. REPRESENTATIVES that the members of this Body do hereby com-

'. mend Mr. James M. Draper, Director of Music of the DeKalb County

School System, the talented students and their instructors for the beau

tiful music provided persons at the State Capitol during the 1972 ses-

: ; sion of the legislature.

' BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mr. James M. Draper, Director of Music of the DeKalb County School System.

HR 753. By Messrs. Ware, Mullinax, Knight and Potts of the 30th:
A RESOLUTION
Relative to the Hogansville High School Basketball Team; and for other purposes.
WHEREAS, the Hogansville High School Basketball Team has com piled a truly remarkable record of consecutive wins, having won 53 con secutive games; and
WHEREAS, the Hogansville Green Wave Basketball Team was State Class B Champion, for the years 1970 and 1971; and
WHEREAS, this outstanding athletic team is composed of both talented athletes as well as gifted students.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby commend each and every member of the Hogansville High School Basketball team upon their remarkable athletic achievements and does hereby extend to them every wish for continued success.
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 Principal of the Hogansville High School and to the Coach and each member of the Hogansville High School Basketball Team.

FRIDAY, FEBRUARY 4, 1972

1381

HR 754. By Messrs. Brown of the 10th, Bond of the lllth, Alexander of the 108th,

Daugherty of the 109th and many others:

' ''

A RESOLUTION

Urging the Georgia Department of Public Health to cooperate with private foundations and groups concerning the detection, treatment and eradication of Sickle Cell Anemia; and for other purposes.

WHEREAS, Sickle Cell Anemia is a hereditary, non-contagious blood disease which affects an estimated two and one-half million Ameri cans; and

WHEREAS, Sickle Cell Disease occurs in the severe form in one out of every four hundred black Americans while approximately ten percent of all black people are affected by "Sickle Cell Trait", which is a less severe form of the disease; and

WHEREAS, there is no known cure for this disease at the present time, but diagnosis can lead to effective medical relief and counseling; and

WHEREAS, detection of this disease is crucial for enhancing the lives of citizens suffering from this disease and for the prevention of severe pain and suffering; and

WHEREAS, there are relatively few foundations, groups and or ganizations currently conducting research in Sickle Cell Anemia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby urge the Georgia Department of Public Health to cooperate, encourage and seek the assistance of private foundations, groups, organizations and associations currently conducting research in Sickle Cell Anemia.

BE IT FURTHER RESOLVED that the members of this body urge the Department of Public Health to take all actions within their power to encourage the early detection of Sickle Cell Anemia in citizens and encourage counseling for those who are affected by the disease.

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 Department of Public Health.

HR 756. By Mr. Smith of the 43rd: A RESOLUTION
Extending congratulations to the Griffin Daily News, its Publisher,

1382

JOURNAL OF THE HOUSE,

Quimby Melton, Sr., and its Editor, Quimby Melton, Jr., on the occasion of the 100th birthday; and for other purposes.

WHEREAS, on January 31, 1972, the Griffin Daily News observed its 100th birthday with the publication of a 100-page anniversary edi tion; and

WHEREAS, this outstanding newspaper was started in 1872 as a tabloid, with the first Editor being Mr. A. M. Speights; and

WHEREAS, the paper is the oldest business in Griffin under the same continuing name, and Publisher Quimby Melton Sr. and Editor Quimby Melton, Jr. each have spent more than half their lives operating the 10,000-circulation daily, with Mr. Melton, Sr. having spent 47 of his 81 years as Publisher and Mr. Melton, Jr. having spent 27 of his 50 years as Editor; and

WHEREAS, under the able leadership of Representative Quimby Melton, Jr., the Griffin Daily News has won national awards for news writing excellence and for community service; and

WHEREAS, the Senior Mr. Melton still writes a daily page 1 enti

tled "Good Evening", a feature he initiated in 1925 when he purchased

the paper, and readership surveys show that this column is one of the

newspaper's best read features; and



WHEREAS, the Griffin Daily News ranks as one of the best news papers of its size in the entire country, due mainly to the excellent journalistic ability of Publisher Melton and Editor Melton.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that sincerest congratulations are hereby ex tended to the Griffin Daily News, to its Publisher, Quimby Melton, Sr., and to its editor, Quimby Melton, Jr., on the occasion of its 100th birth day, and the members of this Body express their heartfelt wishes for many more happy birthdays for this excellent newspaper and for its outstanding Publisher and Editor.

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 Griffin Daily News, to Mr. Quimby Melton, Sr. and Repre sentative Quimby Melton, Jr.

HR 757. By Mr. Dean of the 19th:
A RESOLUTION
Proclaiming the Month of February, 1972, as Cedartown Band Appreciation Month; and for other purposes.
WHEREAS, the Cedartown High School Band, under the very able

FRIDAY, FEBRUARY 4, 1972

13S3

and capable leadership of Mr. John Thomas, Director, and Mr. Earl Ellis, Assistant Director, has displayed an unsurpassed musical excel lence during the 1971-72 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. Bev Jones, have provided outstanding support to this excellent band; and

WHEREAS, the 100 members of the Red and Black Marching Band have received excellent and/or superior ratings in all marchingand concert festivals in which they participated; and
WHEREAS, through its performances at school functions, athletic events, parades and concerts, the Douglasville Centennial Marching Con test and the Knoxville Dogwood Festival, 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 the month of February, 1972, as Cedartown High School Band Appreciation Month, and do hereby recognize and commend the members of this outstanding organization, their Directors and boosters for their outstanding accomplishments during the 1971-72 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 to each person hereinabove named.

SR 288. By Senators Plunkett of the 30th, Webb of the llth, Johnson of the 38th and Ward of the 39th:
A RESOLUTION
Expressing sympathy at the passing of the Honorable Oby T. Brewer, Sr.; and for other purposes.
WHEREAS, the State of Georgia lost one of its most distinguished and outstanding citizens with the passing of the Honorable Oby T. Brewer, Sr. on November 17, 1971; and
WHEREAS, he was born in Atlanta on December 19, 1893, and at tended Boys High School in Atlanta; and

1384

JOUENAL OF THE HOUSE,

' WHEREAS, he was the devoted husband of the late Mrs. Jewel Polk Brewer, and the father of two outstanding children, Betty Brewer
and Oby T. Brewer, Jr.; and

:

WHEREAS, he served with distinction and great ability as a mem

ber of the Senate during 1963 and 1964, representing the 39th District;

and

WHEREAS, he became an employee of Muse's when he was 16, was promoted to manager of the downtown Muse's store in 1918, became the President of Muse's in 1944 and served as President until 1966 when he was elevated to Chairman of the Board of Directors of Muse's;
and

WHEREAS, he served as President of the Atlanta Retail Mer chants Association, President of the National Retail Clothiers Associa tion, President of the Better Business Bureau, President of the Lenox
Square Association and the Atlanta Convention Bureau; and

WHEREAS, he served as Chairman of the Atlanta Chapter of the American Red Cross, a member of the Atlanta Humane Society, Po tentate 01 tne laarao Shrine Temple, Vice President of Civitan Interna
tional, a member of the Board of Directors of the Atlanta Chamber of Commerce, and a member of the Benevolent and Protective Order of
Elks; and

WHEREAS, he was a member of the Selective Service System, Chairman of the Metropolitan Voting Council, and a member of the Atlanta Region Metropolitan Planning Commission; and

WHEREAS, he served as Chairman of the Pulton County Easter Seal Drive, led the 1956 National Fund Drive of the American Red Cross, led a fund-raising campaign for Georgia State University, and worked diligently for many other charitable organizations; and

WHEREAS, as a result of his many activities he was named as an honorary life member of the Atlanta Jaycees, an honorary alumnus of the Georgia Institute of Technology, an honorary alumnus of Geor gia State University and was inducted into Gridiron Society of Georgia; and

WHEREAS, he was an enthusiastic supporter of athletic activities, having served as Co-Chairman of the Scottish Rite Football Classic for three decades and as a member of the Board of Directors of the At' lanta Crackers Baseball Team; and

, in 1971 he received a Service to Sports award and was a member of the State of Georgia Athletic Hall of Fame; and

WHEREAS, he was a man of deep religious conviction, having .served: as Chairman of the Board of Stewards of St. Marks Methodist Church, where he was a member for many years; and

FRIDAY, FEBRUARY 4, 1972

1385

WHEREAS, the citizens of Georgia have been deeply saddened by the passing of the Honorable Oby T. Brewer, Sr., and his untiring dedi cation to the economic, social, civic, political and religious lives of his community and State will be sorely missed.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby express their deepest regrets at the passing of the Honorable Oby T. Brewer, Sr., and do hereby express their sincerest sympathy to the mem bers of his family

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit appropriate copies of this Resolution to Mr. Oby T. Brewer, Jr. and Miss Betty Brewer.

Pursuant to the provisions of SR 250, previously adopted by the House and Senate, the Speaker Pro Tern announced the House adjourned until 10:00 o'clock, A.M., Monday morning, February 21, 1972.

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Representative Hall, Atlanta, Georgia Monday, February 21, 1972

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. Paul Jackson, Polk-Haralson Missionary Director, Cedartown, Georgia:
Our Heavenly Father, Eternal God and Creator of the Universe and all that is within;
We thank you for your wonderful love and creating us in your image and commanding us to have dominion over all your creation, to subdue it and to replenish the earth.
We thank you for these men who are charged with responsibilities of government. We pray that they may have the wisdom of Solomon, the strength of Sampson, the faith of Abraham, the courage of David, and the Compassion of Jesus Christ.
We pray that they may seek and find divine guidance for their tremendous responsibilities in these days of continuing crisis.
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.

MONDAY, FEBRUARY 21, 1972

1387

3. Second reading of Bills and Resolutions.

4. Reports of Standing Committees.

5. Third reading and passage of local uncontested Bills.

6. First reading and reference of Senate Bills and Resolutions.

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

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Monday, February 21, 1972, and submits the following:

HB

373. Mental Home Care of 111 and Aged.

HB 1298. Real Estate Agents, Unlawful Practices.

HB 1380. Guardian, Comm. Bond, Estate Value.

HB 1381. Adm. of Estates, Commercial Bonds.

HB 1389. Habitual Offenders, Traffic Laws.

HB 1427. Public Service Commission, allocate Gas Electric Service.

HB 1475. Fire Fighter's Mediation, City, County.

HB 1495. Area Planning & Dev. Commissions.

HR 641-1496. State Court of Claims, Create.

HB 1516. Defendants Jointly Jury Panels, strikes.

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 1714. By Messrs. Smith of the 39th and Adams of the 100th:
A Bill to be entitled an Act to amend Section 8(d) 1 of the Act to create a State Board of Registration for Used Motor Vehicle Parts Dealers, so as to provide that the Bond required of said dealers shall

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be approved by the Board instead of the State Revenue Commissioner; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1715. By Messrs. Adams of the 100th and Smith of the 39th:
A Bill to be entitled an Act to amend Code Section 68-214, relating1 to the registration and licensing of motor vehicles, so as to provide for the transfer of licenses and tags of motor vehicles from one person to another; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1716. By Messrs. Jordan and Vaughn of the 74th, Farrar and Thomason of the 77th, Bell and Noble of the 73rd, Davis, Granade and Wood of the 75th, Collins of the 72nd, Floyd of the 75th and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating the State Court of DeKalb County, so as to provide for costs in said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1717. By Messrs. Jordan of the 74th, Farrar, Levitas and Thomason of the 77th:
A Bill to be entitled an Act to amend Code Section 34-604, relating to deputy registrars, so as to provide that each registrar or assistant of every private or public college, university, theological seminary or post secondary school shall be a deputy to the board for the purpose of regis tering qualified applicants who are enrolled students; and for other purposes.
Referred to the Committee on State of Republic.

HB 1718. By Messrs. Cook of the 95th and Bray of the 31st:
A Bill to be entitled an Act to provide that all municipal courts shall have the jurisdiction to adjudicate and dispose of cases involving cer tain violations of the Uniform Act Regulating Traffic on Highways, if the accused waives his right of trial before a jury or pleads guilty or nolo contendere or forfeits his appearance bond; and for other purposes.
Referred to the Committee on Judiciary.

HB 1719. By Mr. Burruss of the 117th: A Bill to be entitled an Act to provide for the purchase of passenger

MONDAY, FEBRUARY 21, 1972

1389

carrying automobiles; to provide for the establishment of motor pools; and for other purposes.
Referred to the Committee on Rules.

HR 742-1719. By Mr. Toles of the 9th:
A Resolution authorizing the conveyance of certain real property located in Floyd County; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1721. By Mr. Daugherty of the 109th:
A Bill to be entitled an Act to amend an Act to declare as contraband and subject to confiscation and condemnation, all vehicles and con veyances of every kind used in transporting, conveying, removing or storing narcotic drugs by striking the provision in said Act providing for the payment of a portion of the proceeds arising from the sale to the officer making the seizure; and for other purposes.
Referred to the Committee on Judiciary.

HB 1722. By Mr. Daugherty of the 109th:
A Bill to be entitled an Act to amend Code Section 58-207, relating to condemnation of vehicles and conveyances, boats and vessels, used in conveying, removing, concealing or storing contraband liquors or bever ages, as amended, by striking the provision for the payment of a por tion of the proceeds of the sale of such to the officer making the seizure and furnishing the proof; and for other purposes.
Referred to the Committee on Judiciary.

HB 1723. By Mr. Daugherty of the 109th:
A Bill to be entitled an Act to amend Code Section 79A-905, relating to the seizure of items used in violation of the Georgia Drug Abuse Con trol Act, so as to change the time limit provisions relative to condem nation of merchandise; and for other purposes.
Referred to the Committee on Judiciary.

HB 1725. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend Chapter 92-31, of the Code of Georgia, so as to provide for a change in the method of apportioning business income; and for other purposes.
Referred to the Committee on Ways and Means.

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JOURNAL OF THE HOUSE,

HR 755-1725. By Mr. Burruss of the 117th:
A Resolution proposing an amendment to the Constitution so as to provide that all Executive and Administrative Offices, Boards, Bureaus, Commissions, Agencies, Departments and Divisions of the Executive Branch, except for the Offices of Governor and Lt. Governor shall be allocated no more than 20 separate Offices or Departments; and for other purposes.
Referred to the Committee on Rules.

HB 1726. By Messrs. Northcutt of the 21st and Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 9-103, relating to the qualifications of applicants for admission to the practice of law, so as to provide certain exceptions and exemptions from the educational requirements prescribed for admission to the practice of law; and for other purposes.
Referred to the Committee on Judiciary.

HB 1727. By Messrs. Hawes of the 95th and Brown of the 81st:
A Bill to be entitled an Act to amend Code Chapter 79A-7, relating to dangerous drugs, so as to change the provisions relating to the definition of a dangerous drug; and for other purposes.
Referred to the Committee on Judiciary.

HB 1728. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act creating a charter for the City of Powder Springs, so as to annex and incorporate certain addi tional territory into the City of Powder Springs; and for other pur poses.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1729. By Messrs. Wilson and Kreeger of the 117th: A Bill to be entitled an Act to amend an Act amending, revising, con solidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 1730. By Mr. Sweat of the 65th: A Bill to be entitled an Act to amend the "Uniform Act Regulating

MONDAY, FEBRUARY 21, 1972

1391

Traffic on Highways", so as to provide that whenever it is determined upon the basis of an engineering and traffic investigation that the maximum speed limit is less than reasonable under the conditions found to exist the speed limit may be raised from 60 miles per hour to 65 miles per hour during the daylight hours and from 50 to 55 miles per hour during all other hours; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1731. By Messrs. Levitas of the 77th and Nunn of the 41st:
A Bill to be entitled an Act to amend Code Section 26-3004, relating to exemptions of law enforcement officers from the provisions of Code Chapter 26-30, relating to invasion of privacy, so as to provide it shall not be unlawful for a communications common carrier to furnish as sistance to any person authorized to intercept a wire or oral communica tion; and for other purposes.
Referred to the Committee on Industry.

HB 1732. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to reorganize the functions within the Executive Branch of State Government; and for other purposes.
Referred to the Committee on Rules.

HB 1733. By Mr. McDaniell of the 117th:
A Bill to be entitled an Act to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to increase the membership of the Georgia Real Estate Commission; and for other purposes.
Referred to the Committee on Industry.

HB 1734. By Messrs. Levitas of the 77th and Atherton of the 117th:
A Bill to be entitled an Act to amend an Act creating a Metropolitan Area Planning and Development Commission in each Standard Metro politan Statistical Area of this State, so as to change the requirement for a quorum for taking action at a meeting of a commission; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1735. By Messrs. Levitas of the 77th and Atherton of the 117th:
A Bill to be entitled an Act to amend an Act creating a Metropolitan Area Planning and Development Commission in each Standard Metro politan Statistical Area of this State, so as to add a new subsection

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JOURNAL OP THE HOUSE,

(d) to Section 6 of said Act, providing for a method of designating successors to certain members of a Commission chosen by mayors of municipalities lying within the Area; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1736. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act placing the sheriff of Butts County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the deputy sheriffs; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1737. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Butts County into the office of Tax Commissioner of Butts County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1738. By Mr. Russell of the 77th:
A Bill to be entitled an Act to amend Code Title 34, relating to elec tions, as amended, so as to provide for the non-partisan election of judges of the superior courts; and for other purposes.
Referred to the Committee on Judiciary.

HB 1739. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act creating the offices of the State Highway Board Chairman and Treasurer of the State Highway Department, so as to provide for the creation of the office of Deputy Director of the State Highway Department; and for other purposes.
Referred to the Committee on Highways.

HB 1740. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act amending, revising and consolidating the several Acts granting corporate authority to the Town of Port Valley, so as to provide additional powers for the Utilities Com mission of the City of Fort Valley; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

MONDAY, FEBRUARY 21, 1972

1393

HB 1741. By Messrs. Mullinax, Ware, Knight and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating the State Court of Troup County, so as to change the solicitor of the State Court of Troup County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1742. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Metter, so as to provide for a Recorder's Court in lieu of the Mayor's Court; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1743. By Messrs. Brown and Pinkston of the 81st:
A Bill to be entitled an Act to amend an Act establishing the State Court of Bibb County, so as to provide that the costs in said court for civil proceedings shall be the same as are now or as may hereafter be provided for civil cases in the superior courts of this State; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1744. By Messrs. Brown and Pinkston of the 81st:
A Bill to be entitled an Act to amend an Act so as to provide that the City of Macon shall have the power and authority to transfer and convey by quitclaim deed to the State of Georgia in fee simple absolute and without condition a certain portion of Central City Park; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1745. By Mr. Hudson of the 28th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Putnam County, so as to change the compensation of the Chairman and the members of the Board; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 1746. By Mr. Hudson of the 28th: A Bill to be entitled an Act to amend an Act placing the coroner of

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JOURNAL OF THE HOUSE,

Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 758-1746. By Mr. Russell of the 77th:
A Resolution compensating Mr. George F. Holmes; and for other pur poses.
Referred to the Committee on Appropriations.

HB 1747. By Mr. Fraser of the 59th: A Bill to be entitled an Act to amend an Act incorporating the City of Flemington, so as to change the terms of office of the Mayor and Councilmen of said City; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 1748. By Mr. Alexander of the 96th: A Bill to be entitled an Act to provide for the licensing and regulation of motor vehicle physical damage appraisers; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1749. By Messrs. Pinkston, Evans and Brown of the 81st:
A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", so as to change some of the provisions relative to the reimbursement method of payment for private nonprofit institu tions of higher education as defined in Chapter 54 of the Code; and for other purposes.
Referred to the Committee on University System of Georgia.

HR 759-1749. By Mr. Harris of the 10th:
A Resolution authorizing the conveyance of certain property to the City of Kingston; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1750. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act incorporating the city of Adairsville, so as to change the maximum amount of fines which may

MONDAY, FEBRUARY 21, 1972

1395

be imposed by the Mayor's Court; to change the provisions relative to maximum limitations on ad valorem tax rates; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1751. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, so as to change the provisions relative to the corporate limits of said city; to change the provision relative to the date for holding elections for members of the Cartersville School Board; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1752. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act incorporating the City of Emerson, so as to extend the police protection and jurisdiction of said city; to provide for sales; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1753. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to abolish the office of treasurer of Payette County; to provide that the board of commissioners of Fayette County shall appoint depositories for county funds; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1754. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Fayette County, so as to change the terms of office of members on said board; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 760-1754. By Mr. Johnson of the 29th:
A Resolution compensating Southern Bell Telephone and Telegraph Company, Waynesboro, Georgia; and for other purposes.
Referred to the Committee on Appropriations.

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JOURNAL OF THE HOUSE,

HB 1755. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth, so as to extend the present corporate limits of said city to include therein certain territory in the County of Cobb contiguous and adjacent to the existing boundaries of said city; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1756. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the election of Mayor and Councilmen; to change the terms of office for the Mayor and Councilmen; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1757. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Payette County into the office of tax commissioner of said county, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1758. By Mr. Brown of the 32nd:
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 Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said clerk; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 1759. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said sheriff; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

MONDAY, FEBRUARY 21, 1972

1397

HB 1760. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensating for the ordinary of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said ordinary; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1761. By Mr. Brown of the 81st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Securities Act", so as to provide for exemptions from the provisions of said Act for certain sales of securities; and for other purposes.
Referred to the Committee on Judiciary.

HB 1762. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act known as Act No. 461, which Act prescribes the procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide that in cases where an appeal is made as provided in Section 10 of said Act, and the issues made by the appeal are not tried by a jury at the next term of the court after the filing of such notice of appeal, that the same shall be no cause for the dismissal of the appeal; and for other purposes.
Referred to the Committee on Judiciary.

HB 1763. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend Code Section 13-2024, relating to ownership of real estate by banks, so as to change the percentage that a bank may invest in real estate and personal property; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1764. By Messrs. Marcus of the 105th, Egan of the 116th, Alexander of the 108th, Mrs. Hamilton of the 112th, Messrs. Daugherty of the 109th, Felton of the 95th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to enlarge and redefine the corporate limits of the City of Atlanta; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 1765. By Mr. Toles of the 9th:
A Bill to be entitled an Act to amend Code Section 88-2005, relating to persons authorized to extract eyes from a deceases donor's body, so as to authorize such extraction by licensed embalmers who have completed a course of instruction for such purpose approved by the State De partment of Public Health; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 1766. By Messrs. Toles of the 9th and Stephens of the 103rd:
A Bill to be entitled an Act to provide that it shall be unlawful to re quire less than two municipal law enforcement officers to be assigned to patrol duty in any motor vehicle in certain municipalities; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1767. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to enlarge and redefine the corporate limits; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1768. By Mr. Marcus of the 105th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to enlarge and redefine the corporate limits; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1769. By Messrs. Miles and Mulherin of the 78th, Connell and Dent of the 79th:
A Bill to be entitled an Act to amend Code Section 68-205, relating to the registration of motor vehicles and applications therefor, so as to remove therefrom the requirement that such applications must be sworn to; and for other purposes.
Referred to the Committee on Motor Vehicles.
HB 1770. By Messrs. Northcutt of the 21st, Black of the 45th and Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to repeal the pro-

MONDAY, FEBRUARY 21, 1972

1399

vision relating to promotion of the marketing of surplus commodities through the establishment of surplus pools for any agricultural com modity; and for other purposes.
Referred to the Committee on Agriculture.

By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:
HB 1799. By Messrs. McDaniell of the 117th and Levitas of the 77th: A Bill to be entitled an Act to amend Code Chapter 84-14, relating to the regulation of real estate brokers and salesmen, so as to change the provisions relating to associate broker and the sale of subdivided land; and for other purposes.
Referred to the Committee on Industry.
HB 1801. By Messrs. Matthews and Logan of the 16th: A Bill to be entitled an Act to amend an Act establishing the City Court in the County of Clarke, so as to provide for a trial of misdemeanors by the judge of said court without a jury; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 1829. By Messrs. Levitas and Farrar of the 77th: A Bill to be entitled an Act to amend Code Section 34-2004, relating to laws expressly retained by the Georgia Election Code, so as to provide that the provisions of certain local Acts relative to the nonpartisan election of members of a county board of education shall continue to control under certain conditions; and for other purposes.
Referred to the Committee on Education.
HB 1830. By Mr. Cole of the 3rd: A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that municipalities and counties shall have authority to levy excise taxes on the sale of malt beverages; and for other purposes.
Referred to the Committee on Ways and Means.
HB 1847. By Messrs. Gignilliat of the 89th, Triplett of the 93rd, Jones of the 87th, Battle of the 90th, Alien of the 92nd and Gaynor of the 88th: A Bill to be entitled an Act to authorize and direct the Board of Educa-

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JOURNAL OF THE HOUSE,

tion for the County of Chatham and City of Savannah to adopt and administer early admission programs with accredited colleges and universities in this State; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1848. By Messrs. Gaynor of the 88th, Triplett of the 93rd, Jones of the 87th, Alien of the 92nd, Hill of the 94th, Battle of the 90th and others:
A Bill to be entitled an Act to amend an Act providing for the creation of the "Savannah Transit Authority", so as to provide that the Au thority shall have the power to establish employment benefits and re tirement plans and trusts; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 778-1848. By Messrs. Alien of the 92nd, Gaynor of the 88th, Triplett of the 93rd, Jones of the 87th, Gignilliat of the 89th and Battle of the 90th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide for the abolishment and con solidation into a county-wide government of the existing governments of Chatham County and the City of Savannah; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

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

HB 1666. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Paragraph 45 of Section 2 of the General Tax Act of 1935, relating to the imposition of a tax on foreign corporations, so as to provide that this tax shall not be construed so as to relieve a corporation or its agents of any license or occupation tax; and for other purposes.

HB 1667. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to provide a new charter for the City of Dahlonega in the County of Lumpkin; and for other purposes.

HB 1668. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to create the Towns County Water and Sewerage Authority; to authorize the Authority to acquire and maintain

MONDAY, FEBRUARY 21, 1972

1401

projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, and instrumentalities thereof; and for other purposes.

HB 1669. By Mr. Sweat of the 65th:
A Bill to be entitled an Act to amend an Act known as the "Non-Resi dent Contractors Doing Business in Georgia", so as to require reports pertaining to contract work done in Georgia; and for other purposes.

HB 1670. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla, so as to extend the corporate limits thereof; and for other purposes.

HB 1671. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act incorporating and provid ing a new charter for the Town of Baldwin, so as to change the date of municipal elections; and for other purposes.

HB 1672. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act providing for additional method for the exercise of the power of eminent domain before a special master, so as to change the compensation of the special master; and for other purposes.

HB 1673. By Messrs. Dean of the 13th, Bennett of the 71st, Buck of the 84th and Thomason of the 77th:
A Bill to be entitled an Act to enact into law the interstate Agreement on Detainers; to provide that the State of Georgia shall be a party to said agreement; and for other purposes.

HB 1674. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Crawford County; and for other purposes.

HB 1675. By Mr. Howell of the 60th:
A Bill to be entitled an Act to amend Code Section 34-1104, relating to the form of ballots, so as to provide that the State Election Board may permit the use of more than one ballot in the same election district; and for other purposes.

1402

JOURNAL OF THE HOUSE,

HB 1676. By Mr. Boss of the 26th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Lincoln County; to prescribe the jurisdiction of said Court; and for other purposes.

HB 1677. By Messrs. Northcutt of the 21st, Knowles of the 22nd and Smith of the 39th:
A Bill to be entitled an Act to amend Code Section 26-2303, relating to the prohibition against receipt of funds or other things of value to be used in the enforcement of the penal laws, so as to provide that nothing contained within said Section shall be construed to prohibit any law enforcement officer from being employed during his off-duty hours; and for other purposes.

HB 1678. By Messrs. Bostick, Matthews and Patten of the 63rd:
A Bill to be entitled an Act to create the Tift County Water and Sewer age Authority; to authorize the Authority to acquire and maintain projects embracing sources of water supply and the distribution and sale of water related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and instru mentalities thereof; and for other purposes.

HR 721-1678. By Mr. Knowles of the 22nd:
A Resolution repealing H. R. 184-623, proposing an amendment to the Constitution, so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein for water or sewerage purposes and to guaran tee payment of revenue bonds issued and to support and maintain the operations of a water or sewerage system; and for other purposes.

HR 722-1678. By Mr. Knowles of the 22nd:
A Resolution creating the Public Utilities Rate Structure Study Com mittee; and for other purposes.

HR 723-1678. By Mr. Knowles of the 22nd:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein for water or sewerage and for the payment of revenue bonds heretofore issued and hereafter issued to support and maintain the operations of a water and sewerage system in Henry County; and for other purposes.

MONDAY, FEBRUARY 21, 1972

1403

HR 724-1678. By Messrs. Hawes of the 95th, Adams of the 100th, Sims of the 106th, Longino of the 98th, Horton of the 95th, Alexander of the 96th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Atlanta to levy and collect taxes, licenses and other charges on all objects and subjects of taxation which are not prohibited by the Constitution and general laws of Georgia; and for other purposes.

HB 1679. By Mr. Hill of the 94th:
A Bill to be entitled an Act to create a State Racing Commission; to provide for the appointment, qualifications, powers, duties, oath of office and bond of the members of the Commission; and for other purposes.

HB 1680. By Messrs. Morgan of the 23rd, Hutchinson of the 61st, Groover of the 27th, Russell and Thomason of the 77th, Sorrells of the 24th, Russell of the 14th, Levitas of the 77th, Bennett of the 71st and others:
A Bill to be entitled an Act to amend Code Title 74, relating to parent and child, so as to change the provisions relating to the support of illegit imate children; and for other purposes.

HB 1681. By Messrs. Wheeler of the 57th and Parrar of the 77th:
A Bill to be entitled an Act to amend an Act authorizing a self-insurance program for all of the State's insurable property, so as to authorize the Supervisor of Purchases to implement a separate plan of self-insur ance for public school systems' properties; and for other purposes.

HB 1682. By Messrs. Howard, Atherton, Kreeger, Housley, McDaniell, Wilson and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Elizabeth, so as to de-annex a certain portion of the territory of the said Town from the corporate limits of said town; and for other purposes.
HB 1683. By Messrs. Reaves of the 71st, Collins of the 62nd, Burruss and Ather ton of the 117th, Matthews of the 63rd, Patten of the 63rd:
A Bill to be entitled an Act to amend an Act regulating the sale, in spection, importation and distribution of fluid milk and milk products for human consumption so as to provide for the issuance of permits of licenses by the Commissioner of Agriculture; and for other purposes.

1404

JOURNAL OF THE HOUSE,

HB 1684. By Messrs. Mullinax, Ware and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange in the County of Troup, so as to extend and increase the corporate limits of the City; and for other purposes.

HR 725-1684. By Mr. Bowen of the 47th:
A Resolution authorizing the conveyance of a certain tract or parcel of land located in Dooly County to E. Max Conner and Heard F. George; and for other purposes.

HB 1685. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Dublin and defining its corporate limits, so as to change the corporate limits of said City; and for other purposes.

HB 1686. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to create the Scott Water and Sewer Authority; to authorize the Authority to acquire and maintain projects embracing sources of water supply and the treatment, distribution, and sale of water to individuals, private concerns and municipal corpora tions; and for other purposes.

HR 733-1686. By Mr. Bennett of the 71st:
A Resolution proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Tax Assessors of Lowndes County; and for other purposes.

HB 1687. By Mr. Fraser of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Darien, so as to change the corporate limits of the City; and for other purposes.

HB 1688. By Mr. Fraser of the 59th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Darien, so as to change the term of office and the time for election of the Mayor and Councilmen of the City of Darien; and for other purposes.
HB 1690. By Mr. Alexander of the 96th: A Bill to be entitled an Act to amend Code Chapter 26-18, relating to

MONDAY, FEBRUARY 21, 1972

1405

theft, so as to change the penalty provisions relative to theft of services; to provide that any person breaking and entering an automobile with the intent to commit a theft or a felony shall be guilty of a felony; and for other purposes.

HB 1691. By Messrs. Gaynor of the 88th, Longino of the 98th, Pinkston of the 81st and Murphy of the 19th:
A Bill to be entitled an Act to amend the "Executive Reorganization Plan of 1972", so as to change the name of the Department of Financial Regulation to the Department of Banking and Finance; and for other purposes.

HB 1692. By Mr. Lee of the 61st:
A Bill to be entitled an Act to provide for a Georgia Crime Information Center within the Department of Public Safety; and for other purposes.

HB 1693. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend Code Section 40-1801, relating to the creation of the Department of Audits and Accounts and the Office of State Auditor, so as to provide that the Department of Audits and Accounts and the Office of State Auditor shall be a part of the Legisla tive Branch of Government; and for other purposes.

HR 735-1693. By Messrs. Smith of the 43rd, Chandler of the 34th, Murphy of the 19th and Harrison of the 58th:
A Resolution modifying the lease on the "Henry Grady Hotel Property"; and for other purposes.

HB 1694. By Messrs. Greer of the 95th and Marcus of the 105th:
A Bill to be entitled an Act to provide for the development of a com prehensive plan to protect the River Corridor of the Chattahoochee River, its water quality and adjacent land from high density develop ment, improper use of flood plain and improper practices causing ero sion, siltation and injury to water quality; and for other purposes.

HB 1695. By Mr. Dean of the 13th:
A Bill to be entitled an Act to add one additional Judge to the Superior Courts of the Gwinnett Judicial Circuit of Georgia; to provide for the appointment of the first additional Judge by the Governor; and for other purposes.

1406

JOURNAL OF THE HOUSE,

HB 1696. By Mr. Smith of the 39th:
A Bill to be entitled an Act to amend an Act providing for standards of safety concerning the ability of certain automobiles to sustain shock, so as to change the definition of the term "private passenger auto mobile" ; and for other purposes.

HB 1697. By Mr. McDaniell of the 117th: A Bill to be entitled an Act to create metropolitan region airport com missions in certain metropolitan regions of this State; and for other purposes.
HR 736-1697. By Mr. McDaniell of the 117th: A Resolution creating the Metropolitan Region Airport Commission Study Committee; and for other purposes.
HB 1698. By Mr. Thomason of the 77th: A Bill to be entitled an Act to require two-man police patrol cars in each incorporated municipality and county of this State; and for other purposes.

HB 1699. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend Code Section 92-1421, relating to rules and regulations under and enforcement of, the "Motor Fuel Tax Law", so as to confer all powers of a police officer upon special agents and enforcement officers of the Revenue Department when they are enforcing laws relating to motor fuel taxes imposed by this State; and for other purposes.

HB 1700. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act relating to the tax im posed upon motor carriers for the privilege of using the streets and highways of this State, so as to confer all powers of a police officer of this State upon special agents and enforcement officers of the Revenue Department when they are engaged in enforcing said Act; and for other purposes.

HB 1701. By Messrs. Egan of the 116th and Farrar of the 77th:
A Bill to be entitled an Act to amend Code Chapter 32-12, relating to the merger of independent school systems, so as to change the provisions relative to the petition of qualified voters; and for other purposes.

MONDAY, FEBRUARY 21, 1972

1407

HB 1702. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to amend an Act consolidating and codifying the various acts incorporating the City of Forsyth in the County of Monroe, so as to abolish the Mayor's Court and the procedures con nected therewith; and for other purposes.

HB 1703. By Mr. Alexander of the 96th:
A Bill to be entitled an Act to amend Code Chapter 74-3, relating to bastardy proceedings, so as to provide for blood tests of putative fathers upon their request; to provide for blood tests of the mother and child; and for other purposes.

HB 1704. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede and modernize procedure for review of assessments made by county boards of tax assessors; to provide for county boards of equali zation; and for other purposes.

HB 1705. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to amend Code Section 92-5703, relating to the levy of ad valorem taxes, so as to provide that all tangible prop erty subject to taxation by any municipality shall be returned by the taxpayers as provided by law at its fair market value; and for other purposes.

HB 1706. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to amend Code Chapter 92-40, relating to municipal tax assessors, so as to provide that the board of tax assessors or other authorities shall use as a fair market value of property subject to both municipal and county ad valorem taxation that value which is finally determined by the county for county taxation purposes; and for other purposes.

HB 1707. By Messrs. Wamble of the 69th and Melton of the 32nd: A Bill to be entitled an Act to create, provide, and require a comprehen sive, uniform, statewide system for gathering information to be used as the basis for more uniform taxation of property within this State; and for other purposes.
HB 1708. By Messrs. Wamble of the 69th and Melton of the 32nd: A Bill to be entitled an Act to amend Chapter 92-69 of the Georgia Code relating to the creation, appointments, qualifications, organization,

1408

JOURNAL OF THE HOUSE,

meeting, staff, and duties of county tax assessors so as to provide mini mum qualification standards for persons appointed as tax assessors; and for other purposes.

HB 1709. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to amend Section 92-5903 of the Code of Georgia pertaining to the method of making property tax returns so as to provide that the taxpayer shall apportion its various classes of prop erty as shown on its return between the various tax jurisdictions af fected; and for other purposes.

HB 1710. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act so as to designate the board established therein as the "State Board of Equalization" for property tax purposes; to provide for appeals to said board by those companies assessed by the State Revenue Commissioner; and for other purposes.

HB 1711. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to repeal the arbitration procedure pro vided for taxpayers whose property is returned for taxation to the State Revenue Commissioner and to provide for an appeal to the "State Board of Equalization" by any taxpayer whose property is assessed by the State Revenue Commissioner; and for other purposes.

SB 340. By Senator Stephens of the 36th:
A Bill to be entitled an Act to provide that no person shall be granted a license as a domestic producer of distilled spirits unless he shall be a citizen of the United States and a resident of Georgia; and for other purposes.
SB 378. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding and modernizing pretrial, trial and certain post-trial procedures in civil cases, so as to change the provisions of said Act relative to the consolidation of acts involving a common question of law or fact; and for other purposes.
SB 384. By Senators Stephens of the 36th, Johnson of the 38th and Ward of the 39th:
A Bill to be entitled an Act to amend an Act providing that certain cities shall furnish pensions to officers and employees of such cities, so as to change the provisions relative to widows pensions; and for other purposes.

MONDAY, FEBRUARY 21, 1972

1409

SB 388. By Senator Hamilton of the 26th:
A Bill to be entitled an Act to amend an Act reenaeting the Charter of the City of Macon, so as to change the provisions relative to Division A of the City of Macon Pensions and Retirement Systems; and for other purposes.

SB 421. By Senators Johnson of the 38th, Ward of the 39th and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act providing cities having a population of more than 150,000 to furnish pensions to officers and employees of such cities, so as to repeal Section 1 of last said Act; to provide female officers and employees shall have same rights as .male officers and employees with respect to designating' beneficiaries; and for other purposes.

SB 422. By Senators Johnson of the 38th, Ward of the 39th and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act relating to pensions for members of police departments in cities having a population of 150,000 and providing new pension systems for members of police departments in such cities providing system of pensions and other benefits for such members and their dependents; and for other purposes.

SB 423. By Senators Johnson of the 38th, Ward of the 39th and Stephens of the 36th:
A Bill to be entitled an Act to amend an Act providing a system of pen sions and other benefits for members of paid fire departments in cities having a population of more than 150,000, so as to provide additional pension benefits for members of paid fire departments of such cities; and for other purposes.

SB 443. By Senators Stephens of the 36th, Broun of the 46th and Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act establishing the Georgia Peace Officer Standards and Training Council, so as to provide that sheriffs and other constitutional officers who hold elective office may be certified as peace officers under the provisions of the Act; and for other purposes.

SB 497. By Senators Webb of the llth and London of the 50th:
A Bill to be entitled an Act to amend Code Section 24-3010. relating to terms of superior and city courts, so as to change the provisions relating to the adjournment of such courts; and for other purposes.

1410

JOURNAL OF THE HOUSE,

SB 505. By Senator Doss of the 52nd:
A Bill to be entitled an Act to provide for an investigator for the office of the District Attorney of the Rome Judicial Circuit; and for other purposes.

SB 506. By Senator Doss of the 52nd:
A Bill to be entitled an Act to abolish the office of coroner of Ployd County; to create the office of medical examiner of Floyd County; and for other purposes.

SB 507. By Senator Doss of the 52nd:
A Bill to be entitled an Act to provide for a chief deputy of the Clerk of the Superior Court of Floyd County; to provide for a chief deputy of the Ordinary of Floyd County; and for other purposes.

SB 508. By Senator Doss of the 52nd:
A Bill to be entitled an Act to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu thereof the office of tax commissioner, so as to change the compensation pro visions relating to the tax commissioner and chief deputy of the tax commissioner; and for other purposes.

SB 509. By Senator Doss of the 52nd:
A Bill to be entitled an Act to repeal an Act establishing the State Court of Floyd County, so as to provide for the disposition of all suits, cases, papers, processes, books, indices and other matters of said court; and for other purposes.

SB 510. By Senator Doss of the 52nd:
A Bill to be entitled an Act to repeal an Act placing the Clerk of the Superior Court, Ordinary and Sheriff of Floyd County on an annual salary in lieu of the fee system of compensation, so as to provide new and separate salary provisions for the clerk and ordinary of said county; and for other purposes.
SR 228. By Senators Stephens of the 36th, Bateman of the 27th and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law, for the increase of retirement or other benefits of retired persons who retired pursuant to any retirement system, annuity and benefit fund, pension system or similar system created by law; and for other purposes.

MONDAY, FEBRUARY 21, 1972

1411

HB 1712. By Messrs. Levitas of the 77th, Smith of the 39th, and Jessup of the 49th:
A Bill to be entitled an Act to provide that the payee of any check written for merchandise shall have a lien on the merchandise under certain conditions; and for other purposes.

HR 737-1712. By Messrs. Egan of the 116th and Wilson of the 117th:
A Resolution proposing an amendment to the Constitution so as to pro vide State departments and agencies with the authority to disburse State funds to match federal funds in order to provide qualified em ployees with subprofessional, technical and professional educational scholarships and to establish the terms and conditions of educational scholarships; and for other purposes.

HB 1713. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend Code Section 100-117 so as to allow the State Depository Board to direct the State Treasurer to invest certain excess operating funds; and for other purposes.

HB 1720. By Mr. Connell of the 79th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to provide that the terms "retail sale" or "sale at retail" shall also include occasional, isolated or casual sales of vehicles, whether by a dealer or private party; and for other purposes.

HB 1724. By Messrs. Nunn of the 41st, Thomason of the 77th, Atherton of the 117th and Coney of the 82nd:
A Bill to be entitled an Act to amend Code Section 92-5902 of the Code of Georgia, as amended, relating to tax returns by railroads and public utilities, so as to provide that said Code Section shall be applicable to airlines; and for other purposes.

HR 745-1724. By Messrs. Dixon and Sweat of the 65th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Ware County to issue general obliga tion bonds for the purpose of establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.

1412

JOURNAL OF THE HOUSE,

Mr. Vaughn of the 74th District, Chairman of the Committee on Highways, submitted the following report:

Mr. Speaker:

Your Committee on Highways has had under consideration the following Bills and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1594. Do Pass.
HB 1595. Do Pass.
HB 1593. Do Pass.

HR 518-1151. Do Pass.

HR 232- 698. Do Pass.

SR

254. Do Pass.

HB 1739. Do Pass.

, HR 552-1264. Do Pass, as Amended.

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:
HB 1451. Do Pass. HB 1450. Do Pass, as Amended. HB 1155. Do Pass, by Substitute. HR 697-1627. Do Pass, as Amended. HB 1625. Do Pass, as Amended. HB 1106. Do Pass, as Amended. HB 1587. Do Pass. HB 1243. Do Pass. HB 1240. Do Pass. HB 1491. Do Pass.

MONDAY, FEBRUARY 21, 1972

1413

HB 1492: Do Pass.

SB

434. Do Pass.

SB

441. Do Pass.

SB

390. Do Pass.

HB 1559. Do Pass.

HB 1672. Do Pass.

Respectfully submitted, Snow of the 1st, Chairman.

Mr. Howell of the 60th District, Chairman of the Committee on State of Republic, submitted the following report:
Mr. Speaker:
Your Committee on State of Republic has had under consideration the follow ing Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1675. Do Pass.
Respectfully submitted, Howell of the 60th, 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 House and has instructed me to report the same back to the House with the following recommendation:
HB 1043. Do Pass, by Substitute.
Respectfully submitted, Harrington of the 34th, Chairman.

1414

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 substitute, by the requisite constitutional ma jority the following Bill of the House, to-wit:

HB 1044. By Messrs. Marcus of the 105th, Smith of the 3rd and Brown of the 32nd:
A Bill to create the Council on Maternal Health; to provide for its ap pointment, composition, duties and meetings; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House, to wit:

HB 1408. By Mr. Grantham of the 55th:
A Bill to amend an Act establishing the City Court of Douglas in and for the County of Coffee, changed to the "State Court of Coffee County", so as to change the compensation provisions relative to the judge and solicitor of said court; and for other purposes.

HB 1409. By Mr. Grantham of the 55th: A Bill to amend an Act creating the Charter for the City of Douglas, so as to change the date for electing the board of commissioners of said city; and for other purposes.
HB 1410. By Mr. Grantham of the 55th: A Bill to amend an Act creating the office of Commissioner of Roads and Revenues in the County of Coffee, so as to change the compensa tion of the clerk of the board of commissioners; and for other purposes.
HB 1411. By Mr. Grantham of the 55th: A Bill to amend an Act abolishing the present mode of compensating the clerk of the superior court, the sheriff, the ordinary and the tax commissioner of Coffee County, so as to change the compensation of the clerk, sheriff, ordinary and tax commissioner and their employees; and for other purposes.
HB 1460. By Messrs. Lee, Hutchinson, Busbee, and Odom of the 61st: A Bill to amend the Act creating a Charter for the City of Newton, so

MONDAY, FEBRUARY 21, 1972

1415

as to change the provisions relating to the election of councilmen of said city; and for other purposes.

HB 1465. By Mr. Carter of the 64th:
A Bill to amend an Act establishing a new charter for the City of Nashville, so as to provide that candidates seeking election as aldermen shall seek election only to designated posts; and for other purposes.

HB 1468. By Messrs. Mullinax, Ware, Knight and Potts of the 30th:
A Bill to authorize officials of certain cities to appoint peace officers; and for other purposes.

HB 1469. By Messrs. Reaves and Bennett of the 71st:
A Bill to amend an Act placing the Sheriff of Brooks County on a salary basis, so as to change the provisions relative to the compensation of the Chief deputy sheriff; and for other purposes.

HB 1500. By Messrs. Kreeger, Atherton, Wilson, Howard, Burruss and McDaniell 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; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 552. By Senator Kennedy of the 4th:
A Bill to amend an Act abolishing the offices of tax receiver and tax collector and creating the office of tax commissioner of Evans County, as amended, so as to change the compensation of the tax commissioner; and for other purposes.

SB 553. By Senator Kennedy of the 4th:
A Bill to amend an Act authorizing Evans County to pay the Ordinary of said county a monthly allowance in addition to fees as amended, so as to change the amount of said monthly allowance; and for other purposes.

1416

JOURNAL OF THE HOUSE,

SB 554. By Senator Kennedy of the 4th:
A Bill to amend an Act fixing the compensation of the Clerk of the superior court of Evans County, as amended, so as to change the com pensation of said clerk; and for other purposes.

SB 556. By Senator Doss of the 6th:
A Bill to provide that all tickets for violations of traffic offenses issued by the sheriff or his deputies in certain counties shall be numbered; to provide for the distribution of such tickets; and for other purposes.

SB 345. By Senators Cleland of the 55th, Tysinger of the 41st and Walling of the 42nd:
A Bill to amend an Act known as the "Junior College Act of 1958", as amended, so as to change the academic year payment by the Board of Regents to certain local operating authorities; and for other purposes.

SB 377. By Senator Webb of the llth:

A Bill to amend an Act comprehensively revising appellate and other

post trial procedure, as amended, so as to provide that appeals may be

>'

taken to the Supreme Court and Court of Appeals from judgments and

rulings of the Superior Courts or other courts from which writ are

authorized by the Constitution and laws; and for other purposes.

SB 416. By Senator Stephens of the 36th:
A Bill to amend Code Title 79A, relating to pharmacists, pharmacies, and drugs, as amended, so as to provide that the possession of certain devices shall be unlawful; and for other purposes.

SB 438. By Senator Chapman of the 32nd:

,

A Bill to amend an Act known as the "State wide Probation Act", as amended, so as to provide that the compensation of the Director shall be fixed by the Board; and for other purposes.

SB 453. By Senator Dean of the 6th:
A Bill to amend Code Chapter 27-7, relating to indictments, present. . ments, and accusations in general, as amended, so as to provide that a
person shall have the right to appear before a grand jury before a true bill of indictment is returned against him in any case; and for other purposes.

MONDAY, FEBRUARY 21, 1972

1417

By unanimous consent, the following Bills of the Senate were read the first time and referred to the committees:

SB 345. By Senators Cleland of the 55th, Tysinger of the 41st and Walling of the 42nd:
A Bill to be entitled an Act to amend an Act known as the "Junior College Act of 1958", so as to change the academic year payment by the Board of Regents to certain local operating authorities; and for other purposes.
Referred to the Committee on University System of Georgia.

SB 377. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act comprehensively revising appellate and other post-trial procedure, so as to provide that appeals may be taken to the Supreme Court and the Court of Appeals from judgments and rulings of the Superior Courts or other courts from which writs are authorized by the constitution and laws; and for other pur poses.
Referred to the Committee on Judiciary.
SB 416. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Code Title 79A, relating to pharmacists, pharmacies, and drugs, so as to provide that the possession of certain devices used for unlawfully injecting or smoking certain drugs and narcotics shall be unlawful; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 438. By Senator Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to provide that the compensation of the Director shall be fixed by the Board; and for other purposes.
Referred to the Committee on Retirement.

SB 453. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend Code Chapter 27-7, relating to indictments, presentments and accusations in general, so as to provide that a person shall have the right to appear before a grand jury before a true bill of indictment is returned against him in any case; and for other purposes.
Referred to the Committee on Special Judiciary.

1418

JOURNAL OF THE HOUSE,

SB 552. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act abolishing the offices of tax receiver and tax collector and creating the office of tax commissioner of Evans County, so as to change the compensation of the tax commis sioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 553. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act authorizing Evans County to pay the Ordinary of said county a monthly allowance in addition to fees, so as to change the amount of said monthly allowance; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 554. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the superior court of Evans County, so as to change the compensation of said clerk; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 556. By Senator Dean of the 6th:
A Bill to be entitled an Act to provide that all tickets for violations of traffic offenses issued by the sheriff or his deputies in certain counties shall be numbered; to provide for the distribution of such tickets; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

The following Resolution of the House was read and adopted:

HR 761. By Messrs. Wood, Williams and Whitmire of the llth and Geisinger of the 72nd: A RESOLUTION
Commending Frank K. Norton, Jr.; and for other purposes.
WHEREAS, Frank K. Norton, Jr. of Gainesville, Georgia, has re cently been named as the Georgia winner of the Reader's Digest Associa tion-Boy Scouts of America National Public Speaking Contest; and

MONDAY, FEBRUARY 21, 1972

1419

WHEREAS, this distinguished Eagle Scout is the son of Mr. and Mrs. Prank K. Norton, Sr. of Gainesville, Georgia; and

WHEREAS, he is active in church, school and civic affairs and is noted for his qualities of leadership; and

WHEREAS, he is known throughout his community as a very able and capable representative of the ideals and principles upon which scouting was founded; and

WHEREAS, it is only fitting and proper that he be recognized and commended for his outstanding accomplishments.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend Frank K. Norton, Jr. for his many accomplishments in scouting and for his outstanding accomplishment in being named as the Georgia winner of the Reader's Digest Association-Boy Scouts of America National Public Speaking Contest.

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 Frank K. Norton, Jr.

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 Eesolution of the Senate, to-wit:

SR 302. By Senator Coggin of the 35th: A Resolution relative to adjournment, and for other purposes.

The following Resolutions of the House were read and adopted:

HR 770. By Mr. Gignilliat of the 89th:
A RESOLUTION
Congratulating Mr. and Mr. Charles Lowell Downs, Sr.; and for other purposes.
WHEREAS, Charles Lowell Downs, Jr. was born in Portsmouth, Virginia, on February 14, 1972; and

1420

JOURNAL OF THE HOUSE,

WHEREAS, his birth brings joy, pride and happiness to his parents, sister, brother, grandparents and other relatives; and

WHEREAS, his parents, Charles Lowell Downs, Sr. and Elizabeth Leland Gignilliat Downs, are on temporary leave of absence from the State of Georgia on loan to the State of Virginia; and

WHEREAS, the relatives and friends of this family are hopeful that they will someday soon return to the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby con gratulate Mr. and Mrs. Charles Lowell Downs, Sr. on the birth of their son, and do hereby extend young Charles Lowell Downs, Jr. their affection and pride in the knowledge that he, like his sister and brother, are our challenge for the present and our hope for the future.

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. and Mrs. Charles Lowell Downs, Sr.

HR 771. By Messrs. Davis of the 75th, Thomason of the 77th, Geisinger of the 72nd, Wood and Granade of the 75th, Noble and Bell of the 73rd and others:
A RESOLUTION
Commending the members of the DeKalb County Commission on Efficiency and Economy in Government; and for other purposes.
WHEREAS, the members of the DeKalb County Commission on Efficiency and Economy in Government have served with great diligence and dedication in performance of their duties; and
WHEREAS, their in-depth approach to the study of methods through which economy in the operation of DeKalb County Government can be obtained, has produced a series of reports which will be of im measurable value to the governing authority of DeKalb County and the DeKalb County Legislative Delegation; and
WHEREAS, the members of this Commission have compiled three reports containing many significant suggestions as to methods of im proving the efficiency of government and its responsiveness to the needs of the people of DeKalb County; and
WHEREAS, the Commission was composed of: Fred L. Somers, Jr., Manuel Maloof, Stanley P. Steinberg, Fred W. Orr, II, E. H. Elliott, Jr., H. T. Aaron, Thomas P. Davidson, E. Henry Leiphart, Jr., Harold F. Jackson, Darrell W. Lundquist, Frank G. Miller, Houston D.

MONDAY, FEBRUARY 21, 1972

1421

Smith, Jr., Dr. Matthew A. Bucca, J. Robin Harris, Randolph Medlock, Don M. Sullins, Dr. C. V. Troup, and Chas. B. Ginden; and

WHEREAS, it is only fitting and proper that the members of this Commission be recognized and commended for the outstanding manner in which they performed their duties.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend the members of the DeKalb County Commission on Efficiency and Economy in Government for the outstanding service which they have performed in their study of the government of DeKalb 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 each member of the Commission.

HR 772. By Mr. Groover of the 27th:
A RESOLUTION
Commending the Honorable D. Y. Califf; and for other purposes.
WHEREAS, the Honorable D. Y. Califf has served with distinction and dedication as Mayor of the City of Jeffersonville for a period of 26 years from 1946 to December 31, 1971; and
WHEREAS, he is well-known throughout the State for the progress made by the City of Jeffersonville during his very capable and able administration; and
WHEREAS, he has made numerous personal sacrifices in providing the City of Jeffersonville with an outstanding government; and
WHEREAS, it is only fitting and proper that he be recognized and commended for his many years of outstanding public service.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend the Honorable D. Y. Califf for his years of dedicated service as Mayor of the City of Jeffersonville.
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 D. Y. Califf.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Health and Ecology and referred to the Committee on Judiciary:

1422

JOURNAL OF THE HOUSE,

HB 1703. By Mr. Alexander of the 96th:
A Bill to be entitled an Act to amend Code Chapter 74-3, relating to bastardy proceedings, so as to provide for blood tests of putative fathers upon their request; to provide for blood tests of the mother and child; and for other purposes.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1427. By Mr. Pickard of the 84th:
A Bill to be entitled an Act to provide that the Public Service Commis sion shall have the power and authority to allocate gas or electricity which is supplied, sold or furnished in order to protect the public health, safety or welfare in the event that said Commission makes certain findings; and for other purposes.

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. Berry Black Blackshear Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck

Burruss Busbee Carr Carter Chance Clements Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dorminy Evans Ezzard Parrar Fraser

Gary Gaynor Gignilliat Grahl Griffin Groover Gunter Ham Harrington Harrison Hawes Hays Horton Housley Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan

MONDAY, FEBRUARY 21, 1972

1423

King
Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Le vitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Milford

Miller Morgan Moyer Mulherin Murphy Nessmith Noble Northcutt Nunn Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Potts Reaves Roach Ross Rush Russell, A. B.

Russell, W. B. Salem Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Strickland Sweat Thompson Toles Triplett Tripp Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T.

Those voting in the negative were Messrs.

Bennett, Tom Bohannon Cheeks Davis, W. Daxon Egan Geisinger Grantham

Harris Hudson, C. M. Hudson, Ted Keyton Larsen, G. K. Lee, W. S. McCracken Miles

Moore Odom Phillips, W. R. Russell, H. P. Scarborough Stephens Wood, R. E.

Those not voting were Messrs.:

Bond Bostick Bowen Chandler Chappell Cole Collier Collins, M.
Collins, S.
Colwell
Cook
Dean, Gib
Drury
Edwards

Felton Floyd, J. H. Floyd, L. R. Granade Greer Hamilton Hill, B. L. Hill, G.
Hood
Howard
Howell
Knight
Larsen, W. W.
Merritt

Mullinax Oxford Patten Rainey Savage Smith, V. T. Thomason Townsend
Turner
Vaughn
Wamble
Ware
Mr. Speaker

1424

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 131, nays 23.

The Bill, having received the requisite constitutional majority, was passed.
HB 373. By Messrs. Smith of the 3rd and Brown of the 32nd: A Bill to be entitled an Act to amend Code Title 88, known as the "Georgia Health Code", so as to provide mental health diagnostic and treatment services and home health care services for the acutely or chronically ill and for the aged; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 112, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1495. By Messrs. Brantley of the 52nd, Lane of the 44th, Nessmith of the 44th, Triplett of the 93rd, Battle of the 90th, Jones of the 87th and others:
A Bill to be entitled an Act to amend an Act implementing the require ments of the Federal Inter-governmental Cooperation Act of 1968, se as to change the provisions relative to the boundaries of Area Planning and Development Commissions; and for other.purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alien Barfield Battle Bennett, J. T. Berry Black Blackshear

Bohannon Bostick Bowen Brantley, H. L. Bray Brown, C. Carr

Carter Chance Chappell Cheeks Collins, M. Collins, S. Conger

Dailey Davis, E. T. Dent Dixon Dorminy Edwards Floyd, L. R. Gaynor Gignilliat Grahl Grantham Griffin Groover Gunter Harrington Harris Harrison Hill, B. L. Hill, G. Howard Hudson, Ted Hutchinson Isenberg Jessup Johnson

MONDAY, FEBRUARY 21, 1972

1425

Jones, Herb Keyton King Knowles Lambert Lane, W. J. Lee, W. J. (Bill) Leggett Lewis Logan Lowrey Matthews, C. Matthews, D. R. Msuldin Maxwell McDaniell McDonald Miles Milford Moore Morgan
Moyer Murphy Nessmith Northcutt

Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Rainey Roach Ross Rush Salem Shanahan Slierman Smith, H. R. Smith, J. E. Strickland Triplett Tripp Wheeler, Bobby Wheeler, J. A. Whitmire
Wood, J. T.

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Bell Bennett, Tom Bond Brantley, H. H. Brown, B. D. Brown, S. P. Buck Burruss
Busbee Clements Cole Colwell Coney, G. D. Coney, J. L. Connell Daugherty Davis, W. Dean, Gib Dean, J. E. Dean, N. Egan

Evans Ezzard Farrar Fraser Geisinger Ham Hamilton Hawos Hays Horton Housley Howell Hudson, C. M. Jones. J. R. Jordan Knight Kreeger Larsen, G. K. Lee, W. S. Le vitas Marcus Mason McCracken Melton Merritt Miller Mulherin

Mullinax Noble Nunn Odom Patten Pinkston Reaves Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shepherd Sims Smith, V. T. Snow Sorrells Stephens Thomason Toles Townsend Turner Vaughn Wamble Ware Wilson Wood, R. E.

1426

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Chandler Collier Cook Drury Pelton Floyd, J. H. Gary

Granade Greer Hood Lane, Dick Larsen, W. W. Longino

Pickard Potts Sweat Thompson Williams Mr. Speaker

On the passage of the Bill, the ayes were 95, nays 81.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Brantley of the 52nd 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 1495.

HB 1389. By Messrs. Cook of the 95th, Smith of the 3rd, Wood and Floyd of of the 75th, Sims of the 106th, Bray of the 31st and others:
A Bill to be entitled an Act to state the policy of the State relating to habitual offenders against motor vehicle and traffic laws; to classify certain offenders as habitual offenders; and for other purposes.

The following amendment was read:

Mr. Howard of the 117th moves to amend HB 1389 by striking lines 31 and 32 from page 2 and line 1 of page 3.

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. Atherton Bell Berry Black Bohannon Bowen

Brantley, H. L. Brown, S. P. Buck Chappell Cheeks Clements Cole

Coiling, M. Cowell Conger Dailey Daugherty Davis, E. T. Dean, N.

Dent Dorminy
Ezzard Floyd, J. H. Griffin Groover Ham
Hill, B. L. Housley Howard Hudson, C. M. Hudson, Ted
Isenberg Johnson Jones, Herb Keyton

MONDAY, FEBRUARY 21, 1972

1427

King Knowles Kreeger
Leggett Maxwell McCracken McDaniell
Miles Mulherin Murphy Nessmith Noble Patterson Pearce Peters Phillips, W. R.

Pickard Rainey Roach Ross Russell, H. P. Shanahan Sims Smith, H. R. Smith, V. T. Stephens Strickland Thompson Toles Turner Wheeler, Bobby Wood, J. T.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Barfield Battle Bennett, J. T. Bennett, Tom Bond Bostick Brantley, H. H. Bray Brown, C. Busbee Carr Carter Chance Collier
Collins, S.
Coney, G. D.
Coney, J. L.
Connell
Cook
Davis, W.
Dean, Gib
Dean, J. E.
Dixon
Egan
Evans
Floyd, L. R.
Fraser

Gaynor Geisinger Gignilliat Grahl Grantham Greer Gunter Hamilton Harris Harrison Hays Hill, G. Horton Hutchinson Jessup Jones, J. R. Jordan Knight Lambert
Lane, Dick
Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S.
Lewis
Logari
Longino
Lowrey
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McDonald

Melton Merritt Milford Miller Moore Morgan Moyer Mullinax Nunn Odom Oxford Patten Phillips, L. L. Pinkston Poole Potts Rush Russell, A. B. Russell, W. B.
Salem
Savage
Scarborough
Sherman
Smith, J. R.
Sorrells
Townsend
Tripp
Vaughn
Ware
Whitmire
Williams
Wood, R. E.

1428

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Blackshear Brown, B. D. Burruss Chandler Drury Edwards Farrar Pelton Gary Granade

Harrington Hawes Hood Howell Lane, W. J. Larsen, W. W. Levitas Marcus Northcutt Phillips, G. S.

Reaves Shepherd Snow Sweat Thomason Triplett . Wamble Wheeler, J. A. Wilson Mr. Speaker

On the adoption of the amendment, the ayes were 69, nays 96.

The amendment was lost.

The following amendments were read and adopted:
Messrs. Hill of the 94th and Alexander of the 108th move to amend HB 1389 by striking "ten" on line 3 of page 2 and inserting in lieu thereof "five".
Mr. Wheeler of the 18th moves to amend HB 1389 on page 6, line 3 by strikng the word "ten" and inserting the word "five" and page 5, line 19.
The following amendment was read:
Mr. Groover of the 27th moves to amend HB 1389 by adding in Section 2, line 13, pages 2, after the word "offense" the following:
"and after the effective date of this Act"

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander, W. H. Bennett, Tom Berry Black Bohannon Bond

Bowen Brantley, H. L. Brown, B. D. Buck Chappell Cheeks

Cole Collins, M. Collins, S. Colwell Conger Dailey

Daugherty Davis, E. T. Dean, N. Dent Dixon Dorminy Evans Ezzard Pelton Floyd, J. H. Floyd, L. R. Gary Griffin Groover Ham Harrison Hill, B. L. Horton Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup

MONDAY, FEBRUARY 21, 1972

1429

Johnson Keyton King Knowles Kreeger Lambert Lane, W. J. Leggett Levitas Logan Marcus Mason Matthews, C. Matthews, D. R. Maxwell McCracken McDaniell Miles Milford Morgan Moyer Murphy Nessmith Northcutt

Nunn Patterson Pearce Peters Phillips, W. R. Pickard Pinkston Poole Rainey Reaves Ross Russell, H. P. Scarborough Shanahan Smith, H. R. Smith, V. T. Snow Stephens Strickland Thompson Turner Wheeler, Bobby Wheeler, J. A. Wood, J. T.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bostick Brantley, H. H. Bray Brown, C. Brown, S. P. Busbee Carr Carter Chance Clements
Collier
Coney, G. D.
Coney, J. L.
Connell
Cook
Davis, W.
Dean, Gib

Egan Farrar Fraser Gei singer Gignilliat Grahl Granade Grantham Greer Gunter Hamilton Harris Hays Hill, G. Housley Jones, Herb Jones, J. R. Jordan
Knight
Lane, Dick
Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S.
Lewis
Longino

Lowrey Mauldin McDonald Melton Merritt Miller Mulherin Mullinax Noble Odom Oxford Patten Phillips, L. L. Potts Rush Russell, A. B. Russell, W. B. Salem
Savage
Sherman
Sims
Smith, J. R.
Sorrells
Toles
Town send

1430
Triplett Tripp Vaughn

JOURNAL OF THE HOUSE,

Ware Whitmire Williams

Wilson Wood, R. E.

Those not voting were Messrs.:

Bell Bennett, J. T. Blackshear Burruss Chandler Dean, J. E. Drury

Edwards Gaynor Harrington Hawes Hood Larsen, W. W. Moore

Phillips, G. S. Roach Shepherd Sweat Thomason Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 91, nays 83.

The amendment was adopted.

The following amendment was read:
Mr. Groover of the 27th moves to amend HB 1389 by striking from Subsection 5 of Section 3 all after the word "Georgia" in line 17 and 18, page 3.

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. Alien Berry Black Bohannon Bond Brantley, H. L. Brown, B. D. Buck Chandler Chappell Cheeks Collins, M. Collins, S. Colwell Conger Dailey

Daugherty Davis, E. T. Dean, N. Dent Dorminy Ezzard Felton Floyd, J. H. Griffin Groover Ham Harrison Hill, B. L. Howard Hudson, C. M. Hudson, Ted Hutchinson

Isenberg Jessup Johnson Keyton King Knowles Kreeger Lane, W. J. McCracken McDaniell Miles Murphy Nessmith Patterson Pearce Peters Phillips, W. R.

Pickard Pinkston Poole Rainey

MONDAY, FEBRUARY 21, 1972

1431

Reaves Ross Russell, H. P. Smith, H. R.

Strickland Thompson Wheeler, Bobby Wheeler, J. A.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Atherton Barfield Battle Bennett, Tom Bostick Bowen Brantley, H. H. Bray Brown, C. Brown, S. P. Busbee Carr Carter Chance Clements Collier Coney, G. D. Coney, J. L. Connell Cook Davis, W. Dean, Gib Dixon Egan Evans Farrar Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade

Grantham Gunter Hamilton Harris Hays Hill, G. Horton Housley Howell Jones, Herb Jones, J. R. Jordan Knight 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 McDonald Melton Merritt Milford Miller Moore Morgan Moyer

Mulherin Mullinax Noble Northcutt Nunn Odom Oxford Patten Phillips, L. L. Potts Rush Russell, A. B. Russell, W. B. Salem
Savage Scarborough Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Sorrells Stephens Thomason Toles Townsend Triplett Tripp Vaughn Ware Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Bell Bennett, J. T. Blackshear Burruss Cole

Dean, J. E. Drury Edwards Gary Greer

Harrington Hawes Hood Larsen, W, W. Logan

1432
Phillips, G. S. Roach Snow

JOURNAL OF THE HOUSE,

Sweat Turner

Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 63, nays 110.

The amendment was lost.

The following amendment was read:
Mr. Groover of the 27th moves to amend HB 1389 by striking Subsections 6 and 9 of Section 3 in its entirety.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander, W. H. Bennett, Tom Berry Black Bohannon Bond Brantley, H. L. Brown, B. D. Buck Chandler Chappell Cheeks Cole Collins, M. Colwell Conger Dailey Daugherty Dean, J. E. Dean, N. Dent

Dorminy Edwards Ezzard Ployd, J. H. Gary Griffin Groover Ham Harrison Hill, B. L.
Howard Hudson, C. M. Hudson, Ted Isenberg Johnson Keyton King Knowles Lane, W. J. Leggett Matthews, D. R.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin

Alexander, W. M. Alien Atherton

McCracken McDaniell Miles Moyer Murphy Nessmith Patterson Pearce Peters Phillips, W. R. Pickard Rainey Reaves Roach Russell, H. P. Scarborough Smith, H. R. Smith, V. T. Strickland Turner
Barfield Battle Bell

Bostick Bowen Brantley, H. H. Bray Brown, C. Brown, S. P." Busbee Carr Carter Chance Clements Collier Collins, S. Coney, G. D. Coney, J. L. Connell Cook Davis, E. T. Davis, W. Dean, Gib Dixon Egan Evans Farrar Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade
Grantham
Greer
Gunter
Hamilton
Harris
Hawes

MONDAY, FEBRUARY 21, 1972

1433

Hays Hill, G. Horton Housley Howell Hutchinson Jessup Jones, Herb Jones, J. R. Jordan Knight Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Lewis Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDonald Melton Merritt Milford Miller
Moore
Morgan
Mulherin
Mullinax
Noble

Northcutt Nunn Odom Oxford Patten Phillips, L. L. Pinkston Poole Potts Ross Rush Russell, A. B. Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, J. R. Snow Sorrells Stephens Thomason Toles Townsend Triplett Tripp Vaughn Ware Wheeler, Bobby
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Bennett, J .T. Blackshear Burruss Drury Felton

Harrington Hood Larsen, W. W. Logan Phillips, G. S.

Sweat Thompson Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 62, nays 118.

The amendment was lost.

1434

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Mr. Cook of the 95th moves to amend HB 1389 as follows:

By adding in line 32 of page 3, after the word "offenses", the following:

"which offenses have been committed during separate and unrelated incidents,".

The following amendment was read:
Messrs. Hill of the 94th and Alexander of the 108th move to amend HB 1389 by striking "ten" on line 12 of page 2 and inserting in lieu thereof "five".

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. Bohannon Bond Brown, B. D. Chappell Cheeks Daugherty Davis, E. T. Dean, J. E. Dent Dorminy Ezzard Floyd, J. H.

Groover Ham Hill, B. L. Horton Howard Hudson, C. M. Isenberg Jessup Johnson Keyton King McDaniell

Miles Pearce Phillips, W. R. Poole Rainey Russell, H. P. Smith, H. R. Snow Stephens Thomason Thompson Wheeler, J. A.

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alien Barfield Battle Bell Bennett, Tom Berry Black Bostick

Bo wen Brantley, H. H. Bray Brown, C. Brown, S. P. Busbee Carr Carter Chance Clements Cole

Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Davis, W. Dean, Gib Dean, N.

Dixon Edwards Egan Evans Farrar Pelton Floyd, L. R. Fraser Gary Gaynor Gei singer dignilliat Grahl Granade Grantham Gunter Harris Harrison Hawes Hays Hill, G. Housley Hudson, Ted Hutchinson Jones, Herb Jones, J. R. Jordan Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J.

MONDAY, FEBRUARY 21, 1972

1435

Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDonald Melton Merritt Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nes smith Noble Northcutt Nunn Odom Oxford Patterson Patten

Peters Phillips, L. L. Pinkston Potts Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, J. R. Smith, V. T. Sorrells Strickland Toles Townsend Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Atherton Bennett, J. T. Blackshear Brantley, H. L. Buck Burruss Chandler Collins, M. Conger

Drury Greer Griffin Hamilton Harrington Hood Howell Larsen, W. W. Levitas

Matthews, D. R. McCracken Phillips, G. S. Pickard Reaves Shepherd Sweat Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 37, nays 130.

The amendment was lost.

1436

JOURNAL OF THE HOUSE,

Mr. Cook of the 95th moved that the House reconsider its action in adopting the following amendment:

Mr. Groover of the 27th moves to amend HB 1389 by adding in Section 2, line 13, page 2, after the word "offense" the following:

"and after the effective date of this Act".

On the motion to reconsider, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alien Atherton Barfield Battle Bennett, J. T. Bostick Bo wen Brantley, H. H. Bray Brown, C.
Brown, S. P. Buck Burruss Busbee Carr Carter Chance Clements
Coney, G. D. Coney, J. L. Connell Cook Davis, W. Dean, Gib Dixon Egan Floyd, J. H. Gary Gaynor Geisinger Gignilliat

Grahl Granade Grantham Greer Gunter Ham Harris Hawes Hill, G. Housley Howell Hutchinson Jones, Herb Jones, J. R.
Jordan Knight
Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lowrey Marcus Mason Mauldin McDonald Melton Merritt Miller Moore Moyer Mulherin Mullinax

Noble Northcutt Nunn Odom Oxford Patten Phillips, L. L. Poole Potts Rush Russell, A. B. Russell, W. B. Salem Savage Shepherd Sherman Sims Smith, J. R. Sorrells
Sweat Toles Townsend Triplett Tripp Vaug-hn Wamble Ware Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.

MONDAY, FEBRUARY 21, 1972

1437

Those voting in the negative were Messrs.:

Alexander, W. H. Bennett, Tom Berry Black Blackshear Bohannon Brantley, H. L. Chandler Chappell Cheeks Cole Collier Collins, M. Collins, S. Colwell Conger Dailey Daugherty Davis, E. T. Dean, N. Dent Dorminy Edwards Evans Ezzard Farrar

Felton

Floyd, L. R.

Fraser

Griffin

Groover

Harrison

Hays

Hill, B. L.

Horton

Howard

Hudson, C. M.

Hudson, Ted

Isenberg

Jessup

-

Johnson

Keyton

King

Knowles

Kreeger

Lambert

Lane, W. J.

Leggett

Levitas

Logan

Matthews, C.

Maxwell

McCracken McDaniell Miles Milford Morgan Murphy Nessmith Patterson Pearce Peters Phillips, W. R. Pickard Rainey Reaves Roach Ross Russell, H. P. Scarborough Shanahan Smith, H. R. Stephens Strickland Thomason Thompson Turner Wheeler, J. A.

Those not voting were Messrs.:

Alexander, W. M. Bell Bond Brown, B. D. Dean, J. E. Drury

Hamilton Harrington Hood Larsen, W. W. Matthews, D. R.

Phillips, G. S. Pinkston Smith, V. T. Snow Mr. Speaker

On the motion to reconsider, the ayes were 101, nays 78.

The motion prevailed and the Groover amendment, previously adopted, was reconsidered.

The said Groover amendment was again taken up for consideration.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

1438

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Alexander, W. H. Barfield Bennett, J. T. Bennett, Tom Berry Black Bohannon Brantley, H. L. Chappell Cheeks Cole Collins, M. Collins, S. Colwell Conger Dailey Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Felton

Floyd, J. H. Floyd, L. R. Gary Griffin Harrison Hays Howard Hudson, C. M. Hudson, Ted Isenberg Jessup Keyton King Knowles Kreeger Lambert Lane, W. J. Leggett Le vitas Marcus Maxwell McCracken McDaniell Miles Milford Morgan Moyer

Murphy Nessmith Northcutt Patterson Pearce Peters Phillips, W. R. Pickard Poole Rainey Reaves Roach Ross Russell, H. P. Scarborough Shanahan Smith, H. R. Smith, V. T. Stephens Strickland Sweat Thomason Thompson Turner Wheeler, Bobby Wheeler, J. A.

Those voting in the negative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Battle Bell Blackshear Bostick Bo wen Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler

Clements Coney, G. D. Coney, J. L. Connell Cook Davis, W. Dean, Gib Egan Farrar Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Groover Gunter Harris Hawes Hill, B. L.

Hill, G. Horton Housley Howell Hutchinson Johnson Jones, Herb Jones, J. R. Jordan Knight Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Lewis Logan Longino Lowrey Mason Matthews, C. Mauldin McDonald Melton

MONDAY, FEBRUARY 21, 1972

1439

Merritt Miller
Moore Mulherin Mullinax Noble Nunn Odom Oxford Patten Phillips, L. L.

Pinkston Potts Rush Russell, A. B. Russell, W. B. Salem Savage Sherman Sims Smith, J. R. Sorrells

Toles Townsend Triplett Tripp Vaughn Ware Whitmire Williams Wilson Wood, J. T. Wood, R, E.

Those not voting were Messrs.:

Bond Brown, B. D. Collier Drury Ham Hamilton

Harrington Hood Lane, Dick Larsen, W. W. Matthews, D. R.

Phillips, G. S. Shepherd Snow Wamble Mr. Speaker

On the adoption of the amendment, the ayes were 80, nays 99.

The amendment was lost.

An amendment, offered by Messrs. Hill of the 94th and Alexander of the 108th, was read and ruled out of order by the Speaker.
Mr. Alexander of the 108th moved that the House reconsider its action in failing to adopt the following amendment, previously con sidered :
Messrs. Hill of the 94th and Alexander of the 108th move to amend HB 1389 by striking "ten" on line 12 of page 2 and inserting in lieu thereof "five".

On the motion to reconsider, 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 Black Blackshear Bohannon

Bond Brantley, H. H. Brown, B. D. Brown, S. P.

1440
Carr Chandler Chappell Checks Cole Coiling, M. Colwell Coney, G. D. Coney, J. L. Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Felton Ployd, J. H. Fraser Gaynor Grahl Groover Ham Harris

JOURNAL OP THE HOUSE,

Harrison Hawes Hays Hills, B. L. Horton Housley Howard Howell
Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan Keyton King Leggett Levitas Logan Marcus Matthews, C. McCracken McDaniell Miles Milford Morgan

Mulherin Murphy Patterson Pearce Phillips, W. R. Pinkston Poole Rainey Reaves Roach Russell, H. P. Scarborough Shanahan Shepherd Smith, H. R. Smith, V. T. Stephens Strickland Sweat Thomason Thompson Triplett Turner Wheeler, Bobby Wheeler, J. A. Wilson

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Battle Bostick Bo wen Bray Brown, C. Buck Busbee Carter Chance Clements Collins, S. Connell Cook Davis, W. Dean, Gib Egan Parrar Ployd, L. R. Geisinger

Gignilliat Granade Grantham Greer Gunter Hill, G. Hudson, Ted Jones, J. R. Knight Knowles Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Lewis Longino Lowrey Mason Mauldin McDonald Melton Merritt

Miller Moore Moyer Mullinax Northcutt Nunn Odom Oxford Patten Peters Phillips, L. L. Potts Ross Rush Russell, A. B. Russell, W. B. Salem Savage Sherman Sims Smith, J. R. Sorrells Toles Townsend

Tripp Vaughn Wamble

MONDAY, FEBRUARY 21, 1972

1441

Ware Whitmire Williams

Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Atherton Bell
Brantley, H. L. Burruss Collier Conger Dailey Drury

Gary Griffin
Hamilton Harrington Hood Keeger Larsen, W. W. Matthews, D. R.

Maxwell Nessmith
Noble Phillips, G. S. Pickard Snow Mr. Speaker

On the motion to reconsider, the ayes were 92, nays 80.

The motion prevailed and the Hill and Alexander amendment, previously rejected, was reconsidered.

The said Hill and Alexander amendment was again taken up for considera tion.

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 Black Blackshear Bohannon Bond Brown, B. D. Cheeks Cole Collins, M. Collins, S. Conger Dailey Daugherty Davis, E. T. Dean, J. E.

Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Floyd, J. H. Floyd, L. R. Fraser Gaynor Griffin Groover Ham Harris Harrison Hill, B. L. Horton

Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Keyton King Knowles Levitas Marcus Matthews, C. Maxwell McCracken McDaniell Miles

1442
Milford Morgan Moyer Murphy Nessmith Patterson Pearee Phillips, W. R.

JOURNAL OF THE HOUSE,

Pinkston Rainey Reaves Roach Russell, H. P. Scarborough Shepherd Smith, H. R.

Stephens Sweat Thomason Thompson Turner Wamble Wheeler, J. A.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Battle Berry Bostick Bowen ' Brantley, H. H. Bray Brown, C. Brown, S. P. Busbee Carr Carter Chance Chappell Clements Coney, G. D. Coney, J. L. Connell Cook Davis, W. Dean, Gib Egan Parrar Geisinger Gignilliat Grahl Granade Grantham

Greer Gunter Hays Hill, G. Housley Jones, Herb Jones, J. R. Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K.
Lee, W. J. (Bill) Lee, W. S. Lewis Logan Longino Lowrey Mason Matthews, D. R. Mauldin McDonald Melton Merritt Miller Moore Mulherin Mullinax Northcutt Nunn

Those not voting were Messrs.:

Atherton Bell Brantley, H. L. Buck Burruss

Chandler Collier Colwell Drury Felton

Odom Oxford Patten Peters Phillips, L. L. Poole Potts Rush Russell, A. B. Russell, W. B. Salem Savage Shanahan Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Strickland Toles Town send Tripp Vaughn Ware Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.
Gary Hamilton Harrington Hawes Hood

MONDAY, FEBRUARY 21, 1972

1443

Jordan Larsen, W. W. Leggett

Noble Phillips, G. S. Pickard

Ross Triplett Mr. Speaker

On the adoption of the amendment, the ayes were 77, nays 94.

The amendment was again 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 Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Beimett, Tom Berry Black Blackshear Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell

Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Grahl Granade

Grantham Greer Griffin Gunter Ham Harrington Harris Hawes Hays Hill, B. L. Hill, G. Horton Housley Howell Hudson, C. M. Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K.
Lee, W. J. (Bill) Lee, W. S.

1444
Leggett Levitas 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 Murphy

JOURNAL OF THE HOUSE,

Nessmith 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. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Toles Townsend Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.:

Dorminy Groover Harrison Howard

Hudson, Ted Johnson McCracken Phillips, W. R.

Rainey Thompson

Those not voting were Messrs.:

Alexander, W. H. Collins, M. Daugherty Dean, J. E. Drury

Gary Hamilton Hood Larsen, W. W. Noble

Phillips, G. S. Pickard Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 171, nays 10.
The Bill, having received the requisite constitutional majority, was passed, as amended.
By unanimous consent, HB 1389, as amended, was ordered immediately transmitted to the Senate.

MONDAY, FEBRUARY 21, 1972

1445

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 1298. By Messrs. Alexander of the 96th, Floyd and Granade of the 75th, Brown of the 110th, Horton of the 95th, Bond of the lllth and others:
A Bill to be entitled an Act to make it unlawful for any person, real estate agent or broker or agent to induce or attempt to induce any person to sell or rent his dwelling by the use of representation that a person of a particular race, religion or national origin is planning to rent or buy in the neighborhood; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to make it unlawful for any person, real estate agent or broker or any agent or employee of a person, real estate broker or dealer, to induce or attempt to induce for profit any person to sell or rent his dwelling by the use of representation that a person or persons of a particular race, religion or national origin are planning to rent or buy a house, apartment or other abode in the neighborhood; to provide for declaration of policy; to provide for definitions; to make certain real estate practices unlawful; to provide for hearings, rules and enforcement; to provide procedures connected therewith; to provide for penalties and injunctive relief; to provide for mandatory revocation of licenses; to provide for severability; to provide an effective date; to repeal an Act approved March 24, 1970 (Ga. Laws 1970, p. 721), making certain real estate practices unlawful; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Declaration of Policy. It is the policy of the State of Georgia and the purpose of this Act to promote fair dealing in real estate transactions, to maintain community stability and security, and to foster racial and social harmony.
Section 2. Definitions. When used in this Act, unless the context requires otherwise:
(a) "Commission" means the Georgia Real Estate Commission as provided in Code Section 84-1404 of the Code of Georgia of 1933;
(b) "dwelling" means any building, structure, or portion thereof

1446

JOURNAL OF THE HOUSE,

which is occupied as a residence by one or more individuals and any vacant land which is offered for sale or lease for the construction or location thereon of any such building, structure, or portion thereof;

(c) "legal notice" means publication for one week in a newspaper of county circulation;

(d) "real estate broker" means a real estate broker as defined in Code Section 84-1402 of the Code of Georgia of 1933;

(e) "real estate agent" means a person employed by a licensed real estate broker to sell or offer for sale, to buy or offer to buy, to negotiate the purchase, sale or exchange of real estate, or to lease, rent or offer to lease, rent or place for rent any real estate for or on behalf of such real estate broker;

(f) "real estate dealer" means any person, firm, partnership, as sociation, or corporation who has within the preceding twelve months, offered, advertised, sold, traded or exchanged two or more dwellings other than his own personal residence;

(g) "real estate office" means an office or other place of business

which is used for selling, buying, leasing, or renting real property;

1

for listing real property for sale, purchase, lease, or rental; or for pro-

viding brokerage services in connection with such selling, buying, leas

ing, renting, or listing;

(h) "to solicit" means to request, invite, or induce, for profit, by any means, including, but not limited to:

(1) going in or upon the property of the person to be solicited, except when invited by such person;

(2) contacting the person to be solicited by mail, telephone, telegraph, or messenger service, except when requested by such person;

(3) canvassing in streets or other public places;

(4) distributing handbills, circulars, cards, or other advertis ing matter;

(5) using loudspeakers, soundtrucks, or other voice-amplifying equipment;

(6) displaying signs, posters, billboards, or other advertising devices other than signs placed upon a real estate office for the purpose of identifying the occupants and services provided therein; provided, however, that the term "to solicit" shall not include ad vertising in newspapers, magazines, radio, television, telephone directories or billboards in commercially zoned areas.

MONDAY, FEBRUARY 21, 1972

1447

Provided that the term "to solicit" shall not include any solicitation of property zoned for other than single-family residence or solicitation, with the intent to resell or use or other than single-family residence.

(i) "person" means any individual, firm, partnership, association or corporation;
(j) "panic selling" means frequent solicitations in a particular neighborhood in a systematic manner so as to imply that others in the neighborhood are planning to or may sell their home;
(k) "harassment" means frequent solicitations of a homeowner when the homeowner has made no indication he plans to sell his home. More than two (2) solicitations by one real estate broker or dealer or their agents to one homeowner in a thirty-day (30) period constitutes "harassment".
Section 3. Unlawful Real Estate Practices, (a) It shall be unlawful for any person, real estate broker or dealer or any agent or employee of a person, real estate broker or dealer, for profit (except in honest reply to an unprompted question by a prospective buyer or seller),
(1) to represent, explicitly or implicitly, for the purpose of inducing or discouraging the purchase, sale, or rental, or the listing for purchase, sale, or rental, of any real property, that a change has occurred or will or may occur in the racial, religious, or ethnic composition of any block, neighborhood, or area;
(2) to represent, explicitly or implicitly, for the purpose of inducing or discouraging the purchase, sale, or rental, or the listing for purchase, sale, or rental, of any real property, that the presence of persons of any particular race, religion, or ethnic background in an area will or may result in:
(i) a lowering of property values in the neighborhood;
(ii) a material change in the racial, religious, or ethnic com position of the area;
(iii) an increase in criminal or anti-social behavior in the area; or
(iv) a decline in the quality of schools serving the area;

(3) to solicit by personal contact, advertising, phone or mail, the sale or other disposition of real estate property with such frequency as to amount to clear harassment of the owner or to cause panic selling of the owner or other persons controlling the sale or disposition of such property;

(4) to solicit by personal contact, advertising, phone or mail, the sale or other disposition or real estate property of any person

1448

"

JOURNAL OF THE HOUSE,

who has notified said broker or dealer by certified mail that he does not wish to be solicited, and has sent a copy of such notice to the
Georgia Real Estate Commission. The Georgia Real Estate Com mission will keep any such copies of letters received on file as evidence that the person does not want to be solicited;

(5) to solicit by personal contact at his dwelling any person who has placed a sign on his premises visible from the street or on his front door that indicates he does not want to be solicited or does not want to sell his dwelling;

(b) it shall be unlawful for any person, real estate broker or dealer or any agent or employee of a real estate broker or dealer, for profit,

(1) to make any misrepresentation, express or implied, con cerning the purchase, sale, or rental, or the listing for purchase, sale, or rental, of any real property, for the purpose of inducing or discouraging the purchase, sale, or rental, or the listing for purchase, sale, or rental, of any real property located in the same area;

(2) to refer to race, religion, or ethnic background in any advertisement offering or seeking real property for purchase, sale, or rental;

(c) it shall be unlawful for any person, real estate broker or dealer to fail to take such steps necessary to halt the use by his agent of those acts declared to be unlawful in this Section when such person, real estate broker or dealer knows or should have known of his agent's use of such unlawful acts;

(d) it shall be unlawful for any person, firm, partnership, associa tion, or corporation, for profit, to aid, abet, or coerce the commission of any act which would be unlawful under subsections (a) and (b) of this Section if committed by a person, real estate broker or dealer or by any agent or employee of a real estate broker or dealer;

Section 4. Engaging in Prohibited Activities, (a) No person, real estate broker or dealer or any agent or employee of a person, real estate broker or dealer shall engage in certain real estate practices after receiving an order in writing from the Georgia Real Estate Commission directing him to desist and refrain from so doing, and stating that in the opinion of the Commission, such practices violate a provision of this Act.

(b) Within thirty days after such action by the Real Estate Com mission, any aggrieved person may make a written request for a hearing before the Commission or its designated representatives,

(c) Any hearing pursuant to this Section shall be held in accord ance with the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended.

MONDAY, FEBRUARY 21, 1972

1449

(d) Any person who has exhausted all administrative remedies available within this Section and who is aggrieved by a final decision in a contested case is entitled to a judicial review as provided by the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended.

Section 5. Hearings, Rules; Enforcement, (a) The Commission may conduct investigations, studies and hearings concerning practices prohibited by this Act. In conducting hearings, the Commission shall have the powers provided in the "Georgia Administrative Procedure Act", approved March 10, 1964 (Ga. Laws 1964, p. 338), as amended.

(b) The Commission shall have the authority from time to time to make, amend and rescind such rules and regulations as may be neces sary to carry out the provisions of this Act.

(c) The Commission or its designated representatives shall have the power to enforce the provisions of this Act by signing criminal com plaints against any person, firm, partnership, association or corporation for trial for violation of this Act.

Section 6. Penalties for Violations; Injunctive Relief; Mandatory Revocation of Licenses, (a) Any person violating the provisions of this Act shall be guilty of a misdemeanor and upon conviction thereof shall be punished as for a misdemeanor.

(b) Upon conviction of any offense set out in this Act, it shall be mandatory upon the Georgia Real Estate Commission to revoke the license of any said agent or broker. Only after the expiration of five years from the date of revocation shall an agent or broker be eligible to make application to the Georgia Real Estate Commission for a license.

(c) In addition, upon violation of any of the provisions of this Act, or the regulations of the Georgia Real Estate Commission, the Georgia Real Estate Commission or its designated representatives may, either before, during or after the institution of criminal proceedings, institute a civil action in the name of the State for injunctive relief.

Section 7. Civil Liabilities, (a) Any person aggrieved by the ac tions of any real estate dealer or broker or their agents or employees or coming under the provisions of this Act, by acts committed by such persons in violation of Section 3 of this Act, may institute a civil action against such persons in any court of record in this State having jurisdiction over the defendant.

(b) If, in an action instituted pursuant to subsection (a), judgment is rendered in favor of plaintiff, he shall be awarded any actual dam ages suffered by virtue of the violation and may be awarded his reason able attorney's fees and cost of litigation together with any additional damages the jury may give, either to deter the wrongdoer from repeating the violation or to compensate for the wounded feelings of the plaintiff.

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JOURNAL OF THE HOUSE,

Section 8. Interpretation of Act. Nothing in this Act shall be con strued to abrogate or affect the provisions of any local ordinance, regu lation or resolution which is more restrictive than the provisions of this Act, including, but not limited to, orders restricting or eliminating "for sale" signs, and orders designating certain areas as "restricted solicita tion areas" and placing restrictions on real estate practices in such areas.

Section 9. An Act approved March 24, 1970 (Ga. Laws 1970, p. 721), making certain practices by real estate brokers unlawful, is hereby repealed in its entirety.

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 were not originally a part hereof. The General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 11. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 12. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read:
Mr. McDaniell of the 117th moves to amend the Committee sub stitute to HB 1298 by adding a new section as follows:
"Section 11. This Act shall apply only in counties having a population of more than 400,000 according to the 1970 decennial census or any future decennial census."
and by renumbering the remaining sections accordingly.

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Atherton Barfield Bennett, J. T. Bennett, Tom

Black Bohannon Bostick Brantley, H. H.

Brantley, H. L. Brown, S. P. Burruss Cheeks

Connell Dailey Drury Edwards Groover
Gunter Housley
Howard Isenberg Jessup Keyton Knowles Kreeger
Lane, W. J.

MONDAY, FEBRUARY 21, 1972

1451

Lewis McCracken McDaniell McDonald Miles Moore Mulherin Nessmith Patterson Peters Poole Roach Ross

Rush Russell, H. P. Salem Shanahan Sherman Smith, H. R. Sorrells Strickland
Tripp Turner Wheeler, Bobby Wilson Wood, J. T.

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Alexander, W. H. Alexander, W. M. Alien Battle Bell Berry Bond Bray Brown, B. D. Brown, C. Buck Carter Chance Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Egan Evans Ezzard Parrar
Felton
Floyd, L. R.
Fraser

Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Howell Hudson, Ted Hutchinson Johnson Jones, Herb Jones, J. R. Jordan King Knight Lambert Lane, Dick Larsen, G. K.
Lee, W. J. (Bill) Lee, W. S. Leggett Logan Longino Lowrey
Marcus
Mason

Matthews, C. Mauldin Maxwell Melton Merritt Miller Morgan Moyer Noble Northcutt Nunn Odom Oxford Patten Pearce Pickard Potts Rainey Reaves Russell, A. B. Russell, W. B. Savage Shepherd Sims Smith, J. R. Stephens
Sweat Thomason Thompson Toles Townsend Triplett
Ware Whitmire
Williams
Wood, R. E.

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JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Adams, Marvin Black shear Bo wen
Busbee Carr Chandler Chappell Clements Cole Collins, M. Cook Floyd, J. H.

Ham Hamilton Harrington Hood Hudson, C. M. Larsen, W. W. Levitas Matthews, D. R. Milford Mullinax Murphy Phillips, G. S.

Phillips, L. L. Phillips, W. R. Pinkston Scarborough Smith, V. T. Snow Vaughn Wamble Wheeler, J. A. Mr. Speaker

On the adoption of the amendment, the ayes were 52, nays 109.

The amendment was lost.

The following amendment was read and adopted:
Mr. Felton of the 95th moves to amend the Committee substitute to HB 1298 by adding after the word "homeowner" on line 34 of page 3 the words "who has made no indication he plans to sell his home".

An amendment, offered by Mr. Brantley of the 114th, was read and lost.

The following amendment was read and adopted:
Mr. Harrison of the 58th moves to amend the Committee substitute to HB 1298 by adding to caption the following:
"Provided that the provisions of this Act shall not apply to counties with a population of 30,000 or less", and by adding a new section as follows:
"Section 10A. The provisions of this Act shall not apply to counties with a population of 30,000 or less according to the 1970 decen nial census or any future decennial census.".

An amendment, offered by Mr. McDaniell of the 117th, was read and lost.

The Committee substitute, as amended, was adopted.

MONDAY, FEBRUARY 21, 1972

1453

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the ayes were 118, nays 17.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

By unanimous consent, HB 1298, by substitute, as amended, was ordered im mediately transmitted to the Senate.

HB 1516. By Messrs. Gunter of the 6th, Snow of the 1st and Lee of the 61st:
A Bill to be entitled an Act to amend Code Section 27-2101, relating to the trial of two or more defendants who are jointly indicted, so as to provide that strikes from jury panels shall be exercised jointly when two or more defendants are tried jointly for a crime of offense; and for other purposes.

The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend HB 1516 by striking from page one, line 23 the word "both" and the words "and the State" and to insert on page one, line 23 after the word "strikes", the following:
"not to exceed five each".

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 100, nays 26.

The Bill, having received the requisite constitutional majority, was passed, as amended.

By unanimous consent, HB 1516, as amended, was ordered immediately trans mitted to the Senate.

The Speaker Pro Tern announced the House recessed until 4:00 o'clock, P.M.

1454

JOURNAL OF THE HOUSE,

The Speaker called the House to order.

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 tion the following Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:

HR

727. Do Pass.

HR 678-1585. Do Pass, by Substitute.

Respectfully submitted, Gignilliat of the 89th, Secretary.

Mr. Farrar of the 77th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1504. Do Pass, as Amended. HB 1629. Do Pass. HB 1642. Do Pass. SB 465. Do Pass.
Respectfully submitted, Farrar of the 77th, Chairman.

Mr. Smith of the 3rd District, Chairman of the Committee on Health and Ecology, submitted the following report:
Mr. Speaker:
Your Committee on Health and Ecology has had under consideration the

MONDAY, FEBRUARY 21, 1972

1455

following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations i
SR 247. Do Pass. SB 347. Do Pass. HB 1576. Do Pass.
Respectfully submitted, Brown of the 32nd, Vice-Chairman.

Mr. Pickard of the 84th District, Chairman of the Committee on Industry, submitted the following report:
Mr. Speaker:
Your Committee on Industry has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1274. Do Not Pass. HB 1669. Do Pass. HB 1355. Do Pass, by Substitute. HB 1179. Do Pass, by Substitute.
Respectfully submitted, Pickard 1 of the 84th, Chairman.
The following minority report was received and read:
The following members of the Committee on Industry file a Minority Report on HB 1274 and recommend the same do pass. In view of the closeness of the vote and the importance of the subject matter.
John L. Coney of 118th Sweat of 65th
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

1456

JOURNAL OF THE HOUSE,

Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:

HB 1128. Do Pass.

HB 1211. Do Not Pass.

HR 369-1053. Do Not Pass.

HB 1191. Do Pass.

HB 1192. Do Pass.

HB 1194. Do Pass.

HB 1196. Do Pass.

HB 1333. Do Pass.

HB 1466. Do Pass.

HB 1339. Do Pass, by Substitute.

HB

164. Do Pass.

HB

165. Do Pass.

HB 1320. Do Pass, by Substitute.

Respectfully submitted, Buck of the 84th, Chairman.

Mr. Roach of the 10th District, Chairman of the Committee on Special Judiciary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the follow ing Bills and Resolutions of the House and Senate and has instructed me to re port the same back to the House with the following recommendations:
HB 1622. Do Pass. HB 1623. Do Pass. SB 453. Do Not Pass. HB 1119. Do Pass, as Amended. SR 219. Do Pass. SR 222. Do Pass. SR 221. Do Pass, as Amended. SB 497. Do Pass. SB 362. Do Pass, by Substitute.

MONDAY, FEBRUARY 21, 1972

1457

SB 338. Do Pass, as Amended.

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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1680. Do Pass.

Respectfully submitted, Harrington of the 34th, Chairman.

SECRETARY OP STATE State Capitol Atlanta 30334

February 17,1972

Honorable Glenn Ellard Clerk, House of Representatives State Capitol Atlanta, Georgia 30334

Dear Jack:

I am transmitting to you herewith a certified list of all those persons who have registered in the Docket of Legislative Appearances as of February 16, 1972, in accordance with Act No. 1294, Georgia Laws 1970.

With best wishes, I am Enclosure

Sincerely your friend, /s/ Ben W. Fortson Jr.
Secretary of State

STATE OF GEORGIA Office of Secretary of State

I, Ben W. Fortson, Jr., Secretary of State of the State of Georgia,

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JOURNAL OF THE HOUSE,

do hereby certify, that the sixty-four pages of photographed matter hereto attached contain the names and addresses of all those persons (numbered 1 through 254), along with the names of the respective persons, firms, corporations or associations they represent, who regis tered in the Docket of Legislative Appearances, pursuant to Act No. 1294, Georgia Laws 1970, as of 4:30 P.M. Wednesday, February 16, 1972.

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 17th day of February, in the year of our Lord One Thousand Nine Hundred and Seventy-Two and of the Independence of the United States of America the One Hundred and Ninety-sixth.

Seal.
1. Max Blankenship Georgia Safety Council 2378 Engineer Drive East Marietta, Georgia 30036

/s/ Ben W. Fortson, Jr. Secretary of State

2. Gene Dyson Georgia Business and Industry Assoc. 181 Washington Street, S. W. Atlanta, Georgia 30303

3. James N. Parkman Georgia Business and Industry Assoc. 181 Washington Street, S.W. Atlanta, Georgia 30303

4. Clifford M. Clarke Georgia Business and Industry Assoc. 181 Washington Street, S.W. Atlanta, Georgia 30303

5. Mary Anne Whatley Home Builders Association 339 Buckhead Avenue, N.E. Atlanta, Georgia 30305

6. M. C. Honea, Jr. Home Builders Association 339 Buckhead Avenue, N.E. Atlanta, Georgia 30305

7. William T. Bryant Home Builders Association 339 Buckhead Avenue, N.E. Atlanta, Georgia 30305

8. Charles W. Yeargin Home Builders Association P. 0. Box 584 Elberton, Georgia 30635

MONDAY, FEBRUARY 21, 1972

1459

9. Woodrow W. Lavender Home Builders Association Georgia Optometric Assn. 11 Thomas Street P. 0. Box 40 Elberton, Georgia 30635
10. Dunham McAllister Fourth Congressional District Municipal Assn. 6 Courthouse Way Jonesboro, Georgia 30236
11. R. Edward Rice Georgia State Association of Life Underwriters P. O. Box 5071 Macon, Georgia 31208
12. Roy J. Nicholson Georgia Professional Barbers Association, Inc. 11 West Wieuca Road, N.W. Atlanta, Georgia 30342
13. Helen F. Shell Georgia Roadside Council 5545 Arundel Drive, N.W. Atlanta, Georgia 30328
14. Ralph A. Heisel Christian Science Committee on Publication for Georgia Healey Building Atlanta, Georgia 30303
15. Richard Wilkins Sears, Roebuck and Co. 675 Ponce de Leon Ave., N.E. Atlanta, Georgia 30308
16. Leland Moore Sears, Roebuck and Co. 675 Ponce de Leon Ave., N.E. Atlanta, Georgia 30308
17. W. R. Hornsby Georgia Professional Bail Bondsmen's Association 1142 Jefferson Street, N.W. Atlanta, Georgia 30318
18. Alvin E. Cagle Georgia Professional Bail Bondsmen's Association 1142 Jefferson Street, N.W. Atlanta, Georgia 30318

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JOURNAL OF THE HOUSE,

19. Howard H. Burns Georgia Hearing Aid Society 1411 William-Oliver Bldg. Atlanta, Georgia 30303
20. Glenn A. Tatum, Jr., DDS Georgia Dental Association 1353 Clairmont Road Decatur, Georgia
21. Frank L. Carter Georgia Textile Manufacturers Association, Inc. 740 Bank of Georgia Bldg. Atlanta, Georgia 30303
22. John B. Chapman Ga. Association of Real Estate Boards 231 Healey Building Atlanta, Georgia 30303
23. Dr. Sid Williams Georgia Chiropractic Assn. P. 0. Box 37 Austell, Georgia 30001

24. Ed W. Hiles Georgia Savings and Loan League 1616 William Oliver Building Atlanta, Georgia 30303

25. Jerry R. Griffin Georgia Municipal Association 501 Fulton Federal Building Atlanta, Georgia 30303

26. W. T. Hughes, Jr. Georgia Bankers Association 1420 William Oliver Building Atlanta, Georgia 30303

27. F. P. Lindsey, Jr. Georgia Bankers Association 1420 William Oliver Building Atlanta, Georgia 30303

28. Glenn M. Hogan Georgia Hospital Association 92 Piedmont Ave., N.E. Atlanta, Georgia 30303

29. Jesse Flanigan III Metropolitan Atlanta Rapid Transit Authority 3765 King Edward Trail, S.W. Atlanta, Georgia 30331

MONDAY, FEBRUARY 21, 1972

1461

30. Wesley Wood Terry Wesley Wood Terry 66 Copeland Rd., N.E. Atlanta, Georgia
31. A. G. Hendrix A. G. Hendrix Route 1, Box 279 Monroe, Georgia 30655
32. W. C. "Bill" McBrayer Georgia Retail Association 8th Floor, Suite E2 Atlanta Merchandise Mart Atlanta, Georgia 30303
33. Cubbedge Snow Independent Bankers Association of Georgia 700 Home Federal Building Macon, Georgia 31201
34. C. M. Stapleton Independent Bankers Association of Georgia 700 Home Federal Building Macon, Georgia 31201
35. Gretta M. Dewald Democratic Women of DeKalb 2231 Kodiak Drive, N.E. Atlanta, Georgia 30345
36. Katharine E. Wright Fulton County Republican Women's Club 97 Robin Hood Road, N.E. Atlanta, Georgia 30309
37. Wilton Hill Georgia School Bus Drivers Association Box 158 Reidsville, Georgia 30453
38. Herbert H. Mabry Georgia State AFL-CIO 501 Pulliam Street, S.W. Atlanta, Georgia 30312
39. J. 0. Moore (Jim) Georgia State AFL-CIO 501 Pulliam Street, S.W. Atlanta, Georgia 30312
40. Charles T. White Georgia Beer Wholesalers Association 133 Carnegie Way, N.W. Suite 920 Atlanta, Georgia 30303

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41. Thomas C. Watson Independent Bankers Association of Georgia 350 East Paces Ferry Road, N.E. Atlanta, Georgia 30305
42. Ralph H. Witt City of Atlanta 2614 First National Bank Tower Atlanta, Georgia 30303
43. W. B. (Bill) Bryan Seaboard Coastline Railroad 148 Cain Street, N. E. Room 644 Atlanta, Georgia 30303
44. Rev. Michael A. Morris Georgia Catholic Conference 756 West Peachtree St., N.W. Atlanta, Georgia 30308
45. Harold Sheats Association County Commissioners of Georgia 2036 Headland Drive East Point, Georgia 30344
46. James H. Sheats Association County Commissioners of Georgia 2036 Headland Drive East Point, Georgia 30344

47. Hershel W. Farmer Louisville and Nashville Railroad Company 1800 First National Bank Tower Atlanta, Georgia 30303

48. R. B. Symonette Georgia Power Company Box 4545 Atlanta, Georgia 30302

49. Judge G. Sisk National Association of Retired and Veteran Railway Employees 390 Lake Drive Hapeville, Georgia 30354

50. Jack W. Houston Georgia Association of Petroleum Retailers P. O. Box 639 Decatur, Georgia 30031

MONDAY, FEBRUARY 21, 1972

1463

51. George C. Spence Georgia Osteopathic Medical Association 147 Huntington Road, N.E. Atlanta, Georgia 30309

52. James M. Moffett Medical Association of Georgia 938 Peachtree Street, N.E. Atlanta, Georgia 30309
53. John F. Kiser Medical Association of Atlanta 875 West Peachtree, St., N.E. Atlanta, Georgia 30309
54. C. G. "Mike" Bender Georgia Dairy Association P. O. Box 458 Marietta, Georgia 30060

55. Raymond L. Hill Georgia Hotel-Motel Assn. 1410 Rhodes Haverty Building Atlanta, Georgia 30303

56. C. E. Young Georgia Hotel-Motel Assn. 1410 Rhodes Haverty Building Atlanta, Georgia 30303

57. Talitha M. Russell Georgia Society of Ophthamology P. O. Box 655 McDonough, Georgia 30253
58. Mrs. Napier Burson, Jr. Alcohol-Drug Programs 4220 Club Drive, N.E. Atlanta, Georgia 30319

59. Mrs. Donald E. Lee

Alcohol-Drug Programs

>

2652 Galahad Drive, N.E.

Atlanta, Georgia 30345

60. Joseph L. Abraham Consumer Institute of Georgia 818 First Federal Building Atlanta, Georgia 30303
61. David C. Peterson School Lunch Program 936 Henry Grady Hotel Atlanta, Georgia 30303

1464

JOURNAL OP THE HOUSE,

62. Preston M. Collins Southern Bell Telephone and Telegraph Company 805 Peachtree Street, N.E. Atlanta, Georgia 30308
63. S. G. Davenport United Transportation Union Route 4, Box 179 Americus, Georgia 31709
64. Harold Joiner Georgia Forestry Association 1204 Carnegie Bldg. Atlanta, Georgia 30303
65. T. Z. Chastain Consulting Eng., Council of Ga. 165 Alexander Street, N.W. Atlanta, Georgia 30313
66. George B. Hightower Ga. Soc. of Professional Eng. 545 Piedmont Ave., N.E. Atlanta, Georgia 30308
67. John N. Booth Southern Bell Telephone and Telegraph Co. 800 Peachtree Street, N.E. Atlanta, Georgia 30308
68. Joe W. Andrews, Jr. Registered Agent Home Builders Assn. of Georgia Georgia Retail Jewelers Assn. Menswear Retailers of Georgia Georgia Independent Meat Packers Assn. Georgia Land Development Assn. P. O. Box 801 Macon, Georgia 31202
69. Jack Acree Georgia School Boards Assn. Sheraton Biltmore Hotel Atlanta, Georgia 30383
70. Dr. Paul West Georgia School Boards Assn. Sheraton Biltmore Hotel Atlanta, Georgia 30383

71. Glint G. Sweazea Air Transport Association Delta Air Lines Atlanta Airport Atlanta, Georgia 30320

MONDAY, FEBRUARY 21, 1972

1465

72. Herbert C. Green United Auto Workers 1776 Peachtree Street, N.E. Suite 328 Atlanta, Georgia 30309
73. James C. Thompson United Auto Workers 1776 Peachtree Street, N.E. Suite 328 Atlanta, Georgia 30309
74. Paul L. Hanes Georgia Beer Wholesalers Association 1734 Equitable Building Atlanta, Georgia 30303
75. Rev. Fred C. Bennette Registered Agent Southern Christian Leadership Conference All Citizens Registration Committee Georgia Voters League 334 Auburn Avenue, N.E. Atlanta, Georgia 30303
76. James A. May Georgia Kraft Co. Mead Road Macon, Georgia 31204
77. H. E. Reagan Registered Agent Atlanta Retail Merchants Association Atlanta Automobile Association 14-A10 Atlanta Merchandise Mart Atlanta, Georgia 30303

78. Bill T. Hardman Hardman and Stuckey Travel Investments 100 Peachtree Street, N.E. Atlanta, Georgia 30303

79. J. W. Bowman, Jr. Georgia Right To Life Committee, Inc. P. 0. Box 49211 Atlanta, Georgia 30329
80. William E. Renouf Transamerica Financial Corp. 7220 Twin Branch Road, N.E. Atlanta, Georgia 30328

81. Jo Jones Sierra Club 4500 Wieuca Road, N.E. Atlanta, Georgia 30342

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82. Rosemary Griffith SAVE 600 Dalrymple Road, N.W. Apt. 17E Atlanta, Georgia 30328
83. Fred C. Long Georgia Nursing Home Assn. 1081 Allgood Road Stone Mountain, Georgia 30083
84. William Probst Georgia Land Developers Association 1723 Chartwell Trace Stone Mountain, Georgia 30083
85. Raymond L. Webb Georgia Land Development Association 3151 Maple Drive, N.E. Atlanta, Georgia 30305
86. George R. Rice, Jr. Georgia Land Development Association 4660 Club Circle, N.E. Atlanta, Georgia 30319
87. Richard J. Burrell Household Finance Corp. 1977 Farris Drive Decatur, Georgia 30032
88. Roger T. Lane Georgia Pharmaceutical Association 1655 Peachtree Street, N.E. Atlanta, Georgia 30309
89. Ski Bashinski Registered Agent Ga. Independent Auto Dealers, Association Ga. Funeral Directors Assoc. 296 14th Street, N.W. Atlanta, Georgia 30318
90. Eddie J. White Clayton County Education Association 3911 South Expressway Hapeville, Georgia 30354
91. Eric Holmes, Jr. Petroleum Council of Georgia 161 Peachtree Street, N.E. Atlanta, Georgia 30303

92. Frank H. Welton Georgia Agribusiness Council, Inc. 19 Hunter Street, S. W. Atlanta, Georgia 30334

MONDAY, FEBRUARY 21, 1972

1467

93. Charles L. Skinner Georgia Motor Trucking Association 500 Piedmont Avenue, N.E. Atlanta, Georgia 30308
94. F. Coin Campbell, Jr. Home Builders Association 2221 Tristan Circle, N. E. Atlanta, Georgia 30329
95. Clyde W. Henley Fraternal Order of Police 103 Sycamore Street Decatur, Georgia
96. James E. Dyer Fraternal Order of Police 3028 Empire Boulevard, S.W. Atlanta, Georgia 30354
97. R. D. Marshall Fraternal Order of Police Route 5, Box 95 Alpharetta, Georgia 30201
98. Barbara Muntean Clayton County Education Association 6165 Graceland Circle Morrow, Georgia 30260
99. W. T. McDaniel ITT Rayonier, Inc. P. O. Box 528 Jesup, Georgia
100 W. A. Binns Union Camp Corporation P. O. Box 570 Savannah, Georgia 31402
101. Peter Wallace Georgia Safety Council 508 Hartford Building Atlanta, Georgia 30303
102. R. L. Humphries Save America's Vital Environment 1611 Milford Church Road Marietta, Georgia 30060
103. E. C. Mitcham, Jr. Georgia Assn. of Educators 197 Central Avenue, S.W. Atlanta, Georgia 30303
104. Mike Carter Life Insurance Co. of Ga. 600 West Peachtree St., N.W. Atlanta, Georgia 30308

1468

JOURNAL OF THE HOUSE,

105. W. E. George Georgia Municipal Association 501 Fulton Federal Bldg. Atlanta, Georgia 30303
106. SamMassell Citizens of Atlanta Mayor of Atlanta City Hall Atlanta, Georgia 30303
107. Dexter Gatehouse Georgia Retail Food Dealers Association, Inc. P. O. Box 10551 Atlanta, Georgia 30310
108. L. W. Wilson United Transportation Union 2085 Heckle Street Augusta, Georgia 30904
109. Carlton Marlow Registered Agent Carlton Marlow Mark Inns 4678 Fowler Circle Acworth, Georgia 30101
110. JoeSloan General Motors Corporation 417 Equitable Building Atlanta, Georgia 30303
111. Sims Garrett Georgia Motor Trucking Assn. 500 Piedmont Avenue, N.E. Atlanta, Georgia 30308
112. Dr. D. D. Humber Georgia Chiropractoc Assn. 755 Simpson Street, N.W. Atlanta, Georgia 30314
113. DuPree Jordan Association of Private Colleges and Universities in Georgia 3330 Peachtree Road, N.E. Atlanta, Georgia 30326
114. Jane Yarn SAVE 881 Conway Road, N.W. Atlanta, Georgia 30327
115. Kay McKenzie SAVE 2930 Habersham Road, N.W. Atlanta, Georgia 30305

MONDAY, FEBRUARY 21, 1972

1469

116. Steve Nimmer Registered Agent Three M Georgia Farm Equipment Assn. P. O. Box 269 Blackshear, Georgia 31516
117. Lynda S. Riley DeKalb Association of Educators 2182 Allaire Lane, N.E. Atlanta, Georgia 30345
118. David Christopher DeKalb Association of Educators 3150 Candace Drive, S. E. Atlanta, Georgia 30316
119. Marvin L. Fralish DeKalb Association of Educators 4348 Tucker North Court Tucker, Georgia 30084
120. William B. Putnam DeKalb Association of Educators 4828 Oakside Drive Stone Mountain, Ga. 30083

121. Kathleen M. Mull Georgia Association of Licensed Practical Nurses Route Two Box 1086 Hampton, Georgia 30228
122. Charles H. Lindsey Georgia Launderers and Cleaners Association, Inc. 1145 Peachtree Street, N.E. Suite 438 Atlanta, Georgia 30309
123. Peter L. Banks Atlanta Gas Light Company 235 Peachtree Street, N.E. Atlanta, Georgia 30303

124. Charles A. Rawson Georgia Beer Wholesalers 133 Carnegie Way, N.W. Atlanta, Georgia 30303

125. Hugh A. Inglis Agricultural Alumni Assn. University of Georgia Inc. 319 Hoke Smith Annex Athens, Georgia 30601

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JOURNAL OF THE HOUSE,

126. John L. Erickson Ford Motor Co. Suite 2002 225 Peachtree Street, N. E. Atlanta, Georgia 30303
127. Joseph J. Moylan Automobile Manufacturers Association, Inc. 827 Hartford Building Atlanta, Georgia 30303
128. James P. Martin Georgia Society of CPA's 1504 William-Oliver Building Atlanta, Georgia 30303
129. Percy L. Harden Atlanta, City of Mayor's Office City Hall Atlanta, Georgia 30303
130. Claude R. Glaze Brotherhood of Railway, Airline and Steamship Clerks 525 North Hairston Road Stone Mountain, Georgia 30083
131. W. E. Cobble Georgia State Legislative Board, Brotherhood of Locomotive Engineers 2427 Shenandoah Avenue, N. E. Atlanta, Georgia
132. G. H. Richardson Georgia Motor Trucking Assn. 500 Piedmont Avenue, N.E. Atlanta, Georgia 30308
133. William E. Bailey Georgia Association of Educators 3646 Radcliffe Boulevard Decatur, Georgia 30034
134. Earl T. Leonard, Jr. The Coca-Cola Company P. 0. Drawer 1734 Atlanta, Georgia 30301
135. John P. Stevens First National Bank Box 4148 Atlanta, Georgia 30302
136. W. Sam Phillips Georgia Mobile Home Association Suite A2 348 East Paces Ferry Road, N. E. Atlanta, Georgia 30305

MONDAY, FEBRUARY 21, 1972

1471

137. W. E. Rayburn Glynn Education Association 396 Lake Circle Drive Brunswick, Georgia 31520
138. Daniel D. "Scrappy" Jackson Georgia State Fire Fighters Association 29 Skyline Drive Savannah, Georgia 31406
139. John Wilson Georgia State Fire Fighters Association, Local 574 429 Russell Avenue Savannah, Georgia 31508
140. Glenn Rivers Georgia State Fire Fighters Association, Local 1985 1609 Buford Place Valdosta, Georgia 31601
141. Julian Lehman, Jr. Georgia State Fire Fighters Association, Local 1985 1013 Shepard Street Valdosta, Georgia 31601
142. Herb Blackwell Georgia State Fire Fighters Association, Local 2017 2014 Jones Avenue Albany, Georgia 31705
143. William Hasty Georgia State Fire Fighters Association, Local 2017 1916 West Broad Street Albany, Georgia 31705
144. Richard Williams Georgia State Fire Fighters Association, Local 1985 206 North Stanley Street Valdosta, Georgia 31601
145. Thomas J. Myers Georgia State Fire Fighters Association, Local 574 3215 Center Street Thunderbolt, Georgia 31404
146. Edward Bayley Georgia State Fire Fighters Association, Local 1460 161 East LaRose Circle Marietta, Georgia 30060

1472

JOURNAL OF THE HOUSE,

147. Anthony B. Caldwell Georgia State Fire Fighters Association, Local 634 3060 O'Hara Drive, South Macon, Georgia 31206
148. Phil Harrison Registered Agent The Georgia Dental Association The Georgia Association of Independent Insurance Associations 1776 Peachtree Street, N.W. Atlanta, Georgia 30309
149. Mamie Kennedy Taylor Georgia Federation of Women's Clubs 1137 Briarcliff Rd., N.E. Atlanta, Georgia 30306
150. Mr. Merlyn E. Richardson Georgians for Quality Public Education 755 Park Lane Decatur, Georgia 30033
151. Margaret L. Whittemore Georgia Association A.I.A. 1416 Peachtree Center Tower Atlanta, Georgia 30303
152. Baxter L. Whitaker General Telephone Company of the Southeast 701 Bank of Georgia Building 34 Peachtree, N.W. Atlanta, Georgia 30303
153. HillR. Healan Association County Commissioners of Georgia 205 Forsyth Building Atlanta, Georgia 30303
154. William L. Martin American Insurance Association 3445 Peachtree Road, N.E. Atlanta, Georgia 30326
155. James Howard AFS-CME, AFL-CIO 151 Ellis Street, N.E. Suite 514 Atlanta, Georgia 30303
156. Joe M. Harris Georgia Municipal Association 2506 Blackmon Drive Decatur, Georgia 30033

MONDAY, FEBRUARY 21, 1972

1473

157. James M. Andrew Georgia Electric Membership Corporation 130 Gray Street Millen, Georgia 30442
158. James C. Brim, Jr. Registered Agent Georgia E.M.C. Mitchell County E.M.C. P. O. Box 304 Camilla, Georgia 31730
159. M. C. Petersen Gilman Paper Company Box 948 St. Marys, Georgia 31558
160. G. I. Winn United Transportation Union 600 W. Main St. Manchester, Georgia 31816
161. Georgia E. Swanson, Jr. Georgia Bankers Association, Trust Division P. O. Box 4148 Atlanta, Georgia 30302
162. Georgia L. Harris, Jr. Georgia Bankers Association, Trust Division P. O. Box 4899 Atlanta, Georgia 30302
163. Murphy M. Holloway, Jr. Georgia Bankers Association, Trust Division P. O. Drawer 4418 Atlanta, Georgia 30302
164. Alien Willis Communications Workers of America 40 Pryor Street, S.W. Atlanta, Georgia 30403
165. Leah Janus League of Women Voters of Ga. 3166 Maple Drive, N.E. Atlanta, Georgia 30305
166. Ovid Davis The Coca-Cola Company P. O. Drawer 1734 Atlanta, Georgia 30301
167. Hugh Lawson Middle Georgia EMC 328 Commerce Street Hawkinsville, Georgia 31036

1474

JOURNAL OP THE HOUSE,

168. R. D. Sims Fraternal Order of Police 6 Oak Street Hampton, Georgia 30228
169. George D. Adams Fraternal Order of Police 811 Midway Street, S.E. Atlanta, Georgia 30315
170. Bryce Holcomb Georgia Soft Drink Bottlers Association 3512 Broad Street Chamblee, Georgia 30005
171. Harrison Bray Georgia Oilmen's Association 148 Cain Street, N.E. Atlanta, Georgia 30303
172. James D. King, Jr. Atlanta Chamber of Commerce 1300 Commerce Building Atlanta, Georgia 30303
173. Marguerite Ewing Schott Ryder Systems, Inc. School Division 215 Piedmont Avenue, N.E. Atlanta, Georgia 30312
174. W. H. Alien Georgia Association of Police Chiefs 785 Forest Park Way Forest Park, Georgia 30050
175. A. B. Reddick Allstate Insurance Safety Crusade 3585 Northside Parkway, N.W. Atlanta, Georgia 30327
176. G. W. Tibbetts Georgia Association of Educators Route 6 Tifton, Georgia 31794

177. Kyle D. Smith Georgia Association of Educators 201 Ashby Street, N.W. Atlanta, Georgia 30314

MONDAY, FEBRUARY 21, 1972

1475

178. Glenn Newsome Georgia Association of Educators P. 0. Box 342 Calhoun, Georgia 30701
179. Ken Krautter American Taxpayers Assn. 1649 Tully Circle, N.E. Suite 105 Atlanta, Georgia 30329
180. Adron Harden Georgia Farm Bureau Federation 7068 Riverside Drive Macon, Georgia 30295
181. Valeta Mills Clayton County Education Assn. 6796 Darrell Court Morrow, Georgia 30260
182. Conrad J. Sechler, Sr. Registered Agent Georgia Consumer Finance Association Central Underwriters Empire Mortgage and Investment Company P. O. Box 87 Tucker, Georgia 30084
183. C. B. Daniel, Jr. Georgia Kraft Company 338 Mt. Alto Road Rome, Georgia
184. Mrs. Neil Moran DeKalb County League of Women Voters 1802 East Clifton Road Atlanta, Georgia 30307
185. Robert C. Bock Georgia Association of Independent Insurance Agents 1252 West Peachtree Street Atlanta, Georgia 30309
186. Furman Smith SAVE, Inc. 1105 William Oliver Building Atlanta, Georgia 30303
187. Carolyn S. Carter (Mrs. James H.) American Association of University Women, Ga. Division 981 Eulalia Road, N.E. Atlanta, Georgia 30319

1476

JOURNAL OP THE HOUSE,

188. Josephine P. Raffety American Association of University Women, Atlanta Branch 2601 Forrest Way, N.E. Atlanta, Georgia 30305
189. Abit Massey Georgia Pountry Federation P. 0. Box 763 Gainesville, Georgia 30501
190. Donald C. Grefe Air Transport Association Suite 1240 Life of Georgia Tower Atlanta, Georgia 30308
191. Morton Shapiro Georgia Association of Educators 197 Central Avenue, S.W. Atlanta, Georgia 30303
192. Reece Noble, Jr. Houston Association of Educators P. O. Box 1421 Warner Robins, Georgia 31093
193. T. R. Wilkerson, Jr. Houston Association of Educators 209 Brookwood Drive Warner Robins, Georgia 31093
194. G. Norton Goodridge DeKalb County Fire Department 722 Coll Hollow Drive Decatur, Georgia 30033
195. Linda P. Barnes Fulton County Association of Educators 6640 Akers Mill Road, N.W. Apartment 49T2 Atlanta, Georgia 30339
196. Walter Myers Forest Farmers Association 4 Executive Park, East, N.E. Atlanta, Georgia 30329
197. S. Warren Jackson Wright, Jackson, Brown, Williams & Stephens Inc. 100 Peachtree Atlanta, Georgia 30303

MONDAY, FEBRUARY 21, 1972

1477

198. Robert L. Pitts Wright, Jackson, Brown, Williams & Stephens Inc. 100 Peachtree Atlanta, Georgia 30303
199. Thomas Rocky Wade Mercer Student Government Assn. Box 1283 Mercer University Macon, Georgia 31207
200. J. Robert Benton Wine Institute Suite 1104--Lenox Towers 3390 Peachtree Road, N.E. Atlanta, Georgia 30326
201. Charles L. Games Fulton County Government 1313 First National Bank Tower Atlanta, Georgia 30303
202. J. R. McWaters Associated Builders and Contractors of Georgia, Inc. 165 Sixth Street, N.E. Atlanta, Georgia 30308
203. Robert R. Richardson United States Brewers Assn. 614 William-Oliver Building Atlanta, Georgia 30303
204. Carey P. DeDeyn American Insurance Association 3100 First National Bank Tower Atlanta, Georgia 30303

205. J. Ben Shapiro, Jr. Registered Agent Atlanta Chapter, National Electrical Contractors Association, Inc. Piping Promotion Trust Association of Mechanical Contractors of Georgia, Inc. 3015 First National Bank Tower Atlanta, Georgia 30303

206. John D. Prien, Jr. Georgia Society of Professional Engineers 1375 Peachtree St., N.E. Atlanta, Georgia 30309

1478

JOURNAL OP THE HOUSE,

207. William P. Morie Georgia Automobile Dealers Assn. 808 Hartford Building Atlanta, Georgia 30303
208. John Davis Mobile Home Industry Route 4 Vienna Road Americus, Georgia 31709
209. Carlus Gay, Jr. Mobile Home Industry Lee St. Road Americus, Georgia 31709
210. Richard Hoodman Parks, Jr. Electric Membership Corporations throughout State P. O. Box 398 Reynolds, Georgia 31076
211. Tom Watson Brown Registered Agent MARTA Georgia Association of Broadcasters Lake Lanier 822 Fulton Federal Building Atlanta, Georgia 30303
212. Richard W. Powers Atlanta Welfare Rights Organization 1017 Capitol Avenue, S.W. Atlanta, Georgia 30315
213. William P. Trotter Association County Commissioners of Georgia 323 Lane Circle LaGrange, Georgia 30240
214. Mrs. J. M. Stewart Georgia Association, Licensed Practical Nurses 2185 Fairburn Road, S.W. Atlanta, Georgia 30331
215. Margaret A. Handler Metropolitan Atlanta Mental Health Association 215 Piedmont Ave., N.E. Atlanta, Georgia 30312
216. Joe Sheehan Georgia Manufactured Housing Association 348 E. Paces Ferry Rd. Suite A-2 Atlanta, Georgia 30305

MONDAY, FEBRUARY 21, 1972

1479

217. James R. Winton Georgia Manufactured Housing Association 348 E. Paces Ferry Rd. Suite A-2 Atlanta, Georgia 30305
218. Philip S. Nestor, Jr. Georgia Manufactured Housing Association 348 E. Paces Ferry Rd. Suite A-2 Atlanta, Georgia 30305
219. L. Clifford Adams, Jr. Georgia Municipal Association, Power Section Box 896 Elberton, Georgia 30635
220. Ed Hughes Georgia Safety Council 508 Hartford Building Atlanta, Georgia 30303
221. I. H. Beavers Fraternal Order of Police Route 1, Box 227 Newnan, Georgia 30263
222. Lee Wood Texas Thermal Industries of Georgia 722 Twenty-first Avenue Cordele, Georgia 31015
223. Clifton E. Marshall Flint Electric Membership Corp. Box 308 Reynolds, Georgia 31076
224. J. Clifford Johnson Mayor, City of Palmetto and Douglas County Bar Association 540 Main Street Palmetto, Georgia 30268
225. Dorothy Tracy League of Women Voters Education 3037 Slaton Drive, N.W. Atlanta, Georgia 30305
226. W. H. Hosch Fulton National Bank P. 0. Box 4387 Atlanta, Georgia 30302
227. Jan Berry League of Women Voters of Georgia 3166 Maple Drive, N.E. Atlanta, Georgia 30305

1480

JOURNAL OP THE HOUSE,

228. Larry Home Pioneer Mobile Homes 8855 South Expressway Jonesboro, Georgia 30236
229. Harold McKenzie Georgia Power Company 270 Peachtree St. Atlanta, Georgia 30303
230. Charles Yarbrough Land Ventures, Inc. 151 Ellis St. Atlanta, Georgia 30303
231. R. Park Ellis Home Builders Association 3290 Northside Parkway Atlanta, Georgia 30327
232. Roland Stubbs Home Builders Association 535 Plasamour Dr., N.E. Atlanta, Georgia 30324
233. Mrs. Elinor S. Metzger Atlanta-Fulton County League of Women Voters 4084 Randall Mill Road, N.W. Atlanta, Georgia 30327
234. Bradford L. Nicholson Gladwin Industries, Inc. 1940 Will Ross Court Chamblee, Georgia 30341
235. Ernest W. Keappler Ernest W. Keappler 1015 Pegg Road East Point, Georgia 30344
236. Robert Bonner Fourth District, GAE Legislative Committee 917 South McDonough St. Decatur, Georgia 30030
237. James S. Schell Greater Macon Chamber of Commerce 640 First Street Macon, Georgia 31201
238. Marvin Brazeal Georgia Distillled Spirits Institute Inc. 3108 Piedmont Rd., N.E. Suite 204 Atlanta, Georgia 30305

MONDAY, FEBRUARY 21, 1972

1481

239. Dwight Bliss Georgia Manufactured Housing Institute 215 Sun Valley Drive Americus, Georgia 31709
240. HughTulloch Georgia Manufactured Housing Institute 806A Parkview Place Americus, Georgia 31709
241. William R. Black Georgia Association of Petroleum Retailers 4681 College Street Forest Park, Georgia 30050
242. Tom Collins Georgia Manufactured Housing Institute 3400 Atlanta Highway Athens, Georgia 30601
243. Donald D. Clark Association of Mechanial Contractors of Atlanta and Piping Promotion Trust 742 Ponce de Leon PL, N.E. Atlanta, Georgia 30306
244. Buren L. Baldwin Georgia Pharmaceutical Assn. 2757 LaVista Road Decatur, Georgia 30033
245. Neil Pruitt Georgia Pharmaceutical Assn. 134 Hillendale Toccoa, Georgia 30577
246. A. Judson Frost Floyd County Chapter, Georgia Association Educators Route 5 Horseleg Creek Road Rome, Georgia 30161
247. Jack H. Housworth Association of Mechanical Contractors of Atlanta 742 Ponce de Leon PI., N.E. Atlanta, Georgia 30306
248. Virgil B. Harper Plumbers and Steamfitters Local Union 72 374 Maynard Terrace, S.E. Atlanta, Georgia 30316
249. Charles B. Cox Plumbers and Steamfitters Local Union 72 2668 Shadowbrook Drive Decatur, Georgia 30034

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250. Julian H. Clark National Automobile Theft Bureau 4 Executive Park Drive, N.E. Atlanta, Georgia 30329
251. Adam R. Jablonowski Georgia Medical Care Foundation 938 Peachtree Street Atlanta, Georgia 30309
252. William A. Moore Georgia Milk Producers, Inc. 177 Washington Street Atlanta, Georgia 30303
253. J. P. Jackson Fulton County Association of Educators RFD 2, Box 391A Fairburn, Georgia 30213
254. Max N. Richburg The Proprietary Association 1700 Pennsylvania Avenue, N.W. Washington, D.C. 20006

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

TUESDAY, FEBRUARY 22, 1972

1483

Representative Hall, Atlanta, Georgia Tuesday, February 22,1972

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. John S. Gibbs, Pastor, Calvary Baptist Church, Tifton, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of busi ness during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Tuesday, February 22, 1972, and submits the following:
HR 265- 825. Convey Property, Montgomery County. HR 511-1121. No Fault Insurance Study Committee.

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HB 1124. State Bar Exam, Law School graduates (Without Committee Recom.).
HB 1125. Bank Charters, applications. HB 1128. Department of Public Safety, Director Compensation. HB 1129. Dentistry, Aliens Eligible to Practice. HB 1141. Teachers Retirement System, libraries, personnel. HB 1155. Divorce & Alimony, Revise Laws. HB 1186. Scholarships, Children of Law Officers. HB 1198. Ret. Ben., Superior Court Clerks, 20 years' service. HR 552-1264. Designate Bridge, Ivy Melvin Hendrix, Jr. HB iai3. Emp. Awards Board, Compensation. HB 1333. Political Subdiv. Federal Security Act. HB 1342. District Attorneys Emer., Residence Require. HB 1344. Labor organizations, ser. or rep. chg. to Emp. HB 1347. Superior Court Clerks, fees. HB 1355. Pub. Ser. Comm., Juris. Radio Utility System. HB 1399. Disabled Veterans, License Tax, Exempt. HB 1400. Veterans' Day, Date of Observance. HR 599-1401. Disabled Veterans, Ad Val. Tax on Vehicle. HB 1412. Supreme Court and Court of Appeals, Reporter. HB 1413. Supreme Court and Court of Appeals, Reports. HB 1423. Reorganization of State Government. HR 608-4425. Merger of counties, petition of voters. HB 1450. Criminal Cases, State Right to Appeal. HB 1451. Criminal Trials, Unsworn Statement. HR 630-1476. State Properties, Lease of W & A R.R, HR 633-1485. Private Companies, Corp. Powers and Privileges. HR 640-1493. State Properties, Lease Allright Parking. HB 1496. Tenn. Valley Authority, Payments to the State. HR 641-1496. State Court of Claims, Create.
HB 1498. State Owned Per. Prop., Central Inventory.
HR 643-1498. Relocation Ass't. and Land Acquisition, Grants.
HR 678-1585. Scholarships, Children, POW's.
HR 681-1585. Lease Property, City of Pelham.

TUESDAY, FEBRUARY 22, 1972

1485

HB 1664. Income Tax, conform to U. S. Code. HB 1665. Income Tax Payment, withholding1. HB 1672. Eminent domain, special master salary. HB 1675. Election Board, permit use of more than one ballot.

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 1771. By Mr. Buck of the 84th:
A Bill to be entitled an Act to amend an Act providing for a board of elections in each county of this State having a population of more than 155,000 and less than 185,000, so as to change the population figures in said Act; and for other purposes.
Referred to the Committee on State Planning1 & Community Affairs--Local Legislation.

HB 1772. By Messrs. Griffin and Conger of the 68th:
A Bill to be entitled an Act to amend an Act relating to the compensa tion of the Treasurer of Decatur County, so as to change the compensa tion of the treasurer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1773. By Mr. Johnson of the 29th: A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Glascock County, so as to change the compensation of the members of the board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1774. By Mr. Johnson of the 29th: A Bill to be entitled an Act to amend an Act fixing the salary of the

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Treasurer of Glascock County, so as to change the compensation of the treasurer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1775. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commissioner, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1776. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to provide that the county officers of certain counties who are compensated from county funds shall not receive any compensation therefrom unless and until they properly account for any funds coming into their possession which belong to the county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1777. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to provide that the governing authority of certain counties shall have the books, accounts and fiscal affairs of the county and each county officer audited once every six months; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1778. By Mr. Lee of the 21st:
A Bill to be entitled an Act to amend Code Section 114-709, relating to review of award of settlement, so as to change the provision which states that a new award shall not affect any compensation actually paid to any employee; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 1779. By Messrs. Lee and Northcutt of the 21st: A Bill to be entitled an Act to amend an Act incorporating the City of'

TUESDAY, FEBRUARY 22, 1972

1487

Riverdale in the County of Clayton, so as to change the qualifications of the mayor and councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1780. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenue in the County of Harris", so as to provide for five members of said board of commis sioners; to provide for a referendum; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1781. By Mr. Hudson of the 48th:
A Bill to be entitled an Act to provide that the condemning authority shall be required to pay all court costs and reasonable attorney fees connected with any condemnation proceedings; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1782. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Irwin County upon an annual salary, so as to change the maximum compensation which may be received by the deputy sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1783. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Ben Hill County, so as to change the compensation of the members of the board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1784. By Messrs. Lane of the 101st, Brantley of the 114th, Adams of the 100th, Brown of the 110th, Hawes of the 95th, Marcus of the 105th and others.
A Bill to be entitled an Act to provide for a homestead exemption of $5,000 for each resident of Pulton County on his home which he owns and which he actually occupies as a residence and homestead; to pro vide for a homestead of $10,000 for residents of Pulton County who

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are 65 years of age or who are totally and permanently disabled and the gross income does not exceed $6,000; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1785. By Messrs. Connell and Dent of the 79th, Mulherin, Miles and Cheeks of the 78th:
A Bill to be entitled an Act to amend an Act entitled "An Act to regulate public instruction in the County of Richmond", so as to change the provisions relative to the budget; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1786. By Messrs. Connell and Dent of the 79th, Mulherin, Miles and Cheeks of the 78th:
A Bill to be entitled an Act to amend an Act creating an associate judge of the State Court of certain courts, so as to extend the term of said judge; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1787. By Mr. Morgan of the 23rd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Newton County, so as to change the qualifications of the Commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1788. By Messrs. Lowrey, Adams and Toles of the 9th:
A Bill to be entitled an Act to amend an Act placing the district attorney of the Rome Judicial Circuit on an annual salary, so as to change the compensation provisions relating to the assistant district attorney; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1789. By Messrs. Lowrey, Adams and Toles of the 9th:
A Bill to be entitled an Act to amend an Act creating the State Court of Floyd County, so as to change the compensation provisions relating to the judge of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, FEBRUARY 22, 1972

1489

HB 1790. By Messrs. Keyton and Russell of the 70th:
A Bill to be entitled an Act to provide that any municipality in Thomas County, and any independent Board of Education in Thomas County, which is authorized to levy ad valorem property taxes, may contract with the Board of Tax Equalizers, the Tax Receiver, and Tax Collector, and the Sheriff of Thomas County to take tax returns and to assess and collect ad valorem taxes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1791. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Tifton, so as to change the provisions relative to vacancies; to change the provisions relative to expenses of city officials; to provide that the city attorney shall be appointed by the city com mission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1792. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Tift County, so as to require the itemization and approval of all expenses incurred by a county official or employee prior to payment from county funds; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1793. By Mr. Ross of the 26th:
A Bill to be entitled an Act to allow the Tax Commissioner in certain counties to retain as compensation a part of the fee collected for the transfer of a motor vehicle license and tag; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1794. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Tifton, so as to change the provisions relative to the election of the Mayor, Vice Mayor and Commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 1795. By Mr. McDonald of the 15th:
A Bill to be entitled an Act to create the Nicholson Water Authority and to authorize such authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to indivi duals, private concerns, and municipal corporations; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1796. By Mr. Bostick of the 63rd: A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", so as to change the provisions relating to persons eligible for benefits; to change the provisions relating to withdrawals from the cash deposit escrow fund; and for other purposes.
Referred to the Committee on Industrial Relations.
HB 1797. By Mr. Carr of the 35th: A Bill to be entitled an Act to abolish the present mode of compensat ing the coroner of Washington County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1798. By Mr. Carr of the 35th: A Bill to be entitled an Act to amend an Act creating the State Court of Washington County, so as to change the salaries of the judge and the solicitor of said Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1800. By Mr. Maxwell of the 17th: A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Colbert and creating a new charter for said city ,so as to change the pro visions relating to the compensation of the mayor, councilmen, city clerk, policemen, and election officials; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1802. By Mr. Russell of the 14th: A Bill to be entitled an Act to amend an Act creating the Board of

TUESDAY, FEBRUARY 22, 1972

1491

Commissioners of Oconee 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.

HR 762-1802. By Messrs. Bennett of the 71st and Snow of the 1st:
A Resolution proposing an amendment to the Constitution so as to allow the General Assembly to provide for the selection of grand and traverse jurors in the superior courts from the judicial circuit, or such other geographic region as it may determine; and for other purposes.
Referred to the Committee on Judiciary.

HR 763-1802. By Messrs. Miles and Mulherin of the 78th, Connell and Dent of the 79th:
A Resolution proposing an amendment to the Constitution so as to provide that the tax commissioner of Richmond County shall be au thorized to accept personal checks for the payment of the registration of motor vehicles and the sale of license plates therefor; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 764-1802. By Messrs. Reaves and Bennett of the 71st:
A Resolution proposing an amendment to the Constitution so as to authorize the City of Quitman and its governing authority to combine and operate the water and sewerage system, the electric system and gas system as one revenue-producing undertaking, and to issue revenue bonds and secure the payment of said bonds and the interest thereon by pledging the revenues of such combined public utility; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 765-1802. By Mr. Mauldin of the 12th: A Resolution creating the Vocational Education Study Commission; and for other purposes.
Referred to the Committee on Rules.
HB 1803. By Messrs. Snow of the 1st, Groover of the 27th, Gunter of the 6th, Nunn of the 41st, Lee of the 61st, and others: A Bill to be entitled an Act to amend Code Chapter 9-4 relating to the

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practice of law and the definition and regulation thereof, so as to redefine the practice of law; and for other purposes.
Referred to the Committee on Judiciary.

HB 1804. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act consolidating all of the laws chartering the City of Summerville, in the County of Chattooga, so as to close a certain tract or parcel of land; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1805. By Messrs. Bennett of the 81st and Snow of the 1st:
A Bill to be entitled an Act to amend Code Chapter 24-26, relating to judges, so as to provide that the judges of the superior courts shall convene once each year for the purpose of adopting uniform rules of practice for use in the superior courts of this State; and for other purposes.
Referred to the Committee on Judiciary.

HR 766-1805. By Mr. Isenberg of the 67th:
A Resolution to compensate Mr. Cleveland Sanders, Jr.; and for other purposes.
Referred to the Committee on Appropriations.

HR 767-1805. By Messrs. Bohannon and Patterson of the 20th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of the City of Carrollton who is 62 years of age or over and has an income not exceeding $6,000 shall be granted an exemption from ad valorem taxation for educational purposes levied by said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 768-1805. By Messrs. Bohannon and Patterson of the 20th:
A Resolution proposing an amendment to the Constitution so as to pro vide that the homestead of each resident of Carroll County who is 62 years of age or over and has an income not exceeding $6,000 shall be granted an exemption from all ad valorem taxation for educational purposes levied by said county; and for other purposes.
Referred to the Commitee on State Planning and Community Affairs--Local Legislation.

TUESDAY, FEBRUARY 22, 1972

1493

HB 1806. By Messrs. Isenberg and Leggett of the 67th:
A Bill to be entitled an Act to repeal an Act entitled An Act to regu late the taking and possession of salt water crawfish; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1807. By Messrs. Lane, Chance and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act entitled An Act for the election and creation of a board of county commissioners for the County of Screven, so as to change the compensation of the Chairman and the other members of the Board of Commissioners; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1808. By Messrs. Lane, Chance and Nessmith of the 44th:
A Bill to be entitled an Act to abolish the present mode of compensating the coroner of Screven County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1809. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the superior court of Bulloch County, so as to change the provisions relative to the compensation of the clerk, his assistants and typist; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1810. By Messrs. Lane, Chance and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, so as to change the method of electing members of the board; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1811. 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 Bulloch County (formerly the Civil and Criminal Court of Bulloch

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JOURNAL OF THE HOUSE,

County), so as to change the provisions relative to the salaries of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1812. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Bulloch County on an annual salary, so as to change the provisions relative to the compensation of the sheriff and his deputies; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1813. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Bulloch County, so as to change the compensation of the chairman and members of said board; and for other purposes.
Referred to the Committee on State Planning -and Community Affairs--Local Legislation.

HB 1814. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act providing an annual sal ary for the ordinary of Bulloch County in lieu of fees so as to change the provisions relative to the compensation of the ordinary and the amount allowed for clerical help; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1815. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the office of tax commissioner, so as to change the provisions relative to the com pensation of the assistants for the tax commissioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 769-1815. By Messrs. Lane, Chance and Nessmith of the 44th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Screven County to develop a

TUESDAY, FEBRUARY 22, 1972

1495

system of solid waste collection and disposal and expend county funds therefor; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1816. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act known as the "Lake Lanier Islands Development Commission Act", so as to provide for the power to grant franchise rights for utility services; and for other purposes.
Referred to the Committee on Industry.

HB 1817. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act known as the "Lake Lanier Islands Development Authority, so as to provide for the power to grant franchise rights for utility services; and for other purposes.
Referred to the Committee on Industry.

HB 1818. By Mr. Coney of the 118th:
A Bill to be entitled an Act to create a new charter for the City of Douglasville; to prescribe the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1819. By Mr. Coney of the 118th:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Douglas County; to provide for Education Districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1820. By Messrs. Bennett of the 71st and Snow of the 1st:
A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to proivde for circuit-wide juries for the superior courts of this State; to amend an Act providing for the selection of jurors in courts with countywide jurisdiction, so as to change the provisions relating to the selection of jurors; and for other purposes.
Referred to the Committee on Judiciary.

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JOURNAL OF THE HOUSE,

HB 1821. By Messrs. Ware, Mullinax, Potts and Knight of the 30th, Bray of the 31st, Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to create the office of Assistant District Attorney of the Coweta Judicial Circuit; and for other purposes..
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1822. By Messrs. Ware, Mullinax, Potts and Knight of the 30th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Heard County, so as to redefine the commissioner dis tricts; to change the method by which members of the board are elected; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1823. 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 West Point, so as to authorize and empower the Mayor and Aldermen of the City to grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, certain specifically described property; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1824. By Messrs. Bennett, Evans, Brown and Pinkston of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act reenacting the charter of the City of Macon, so as to change the corporate limits of the City of Macon; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1825. By Messrs. Brown of the 110th and Bond of the lllth:
A Bill to be entitled an Act to amend Code Section 32-311, relating to the immunization of children as a prerequisite to admission to public schools in this State, so as to provide that all children shall be tested for the presence of Sickle Cell Anemia as a prerequisite to admission to public schools; and for other purposes.
Referred to the Committee on Health and Ecology.

TUESDAY, FEBRUARY 22, 1972

1497

HB 1826. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners for Forsyth County, so as to provide for a five-member board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1827. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Commissioner of Forsyth 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 1828. By Messrs. Whitmire, Wood and Williams of the llth:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and the ordinary of Dawson County on an annual salary in lieu of the fee system of compensation, so as to create the office of deputy clerk of the superior court of Dawson County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1831. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the tax commissioner of Forsyth County, so as to change the provisions relating to the ap pointment of deputies by the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1832. By Messrs. Russell of the 77th, Davis of the 75th, Levitas, Farrar and Thomason of the 77th, Vaughn of the 74th, Geisinger of the 72nd:
A Bill to be entitled an Act to provide for two additional judges of the superior courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said court to seven; and for other purposes.
Referred to the Committee on Special Judiciary.
HB 1833. By Mr. Davis of the 86th:
A Bill to be entitled an Act to provide that persons arrested for vio lating certain traffic laws may deposit with the apprehending officer their driver's license as bail, in lieu of being immediately brought before

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the proper magistrate to enter into a formal recognizance or make a deposit of money; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1834. By Messrs. Evans, Brown, Scarborough and Pinkston of the 81st:
A Bill to be entitled an Act to amend Code Section 30-102, relating to the grounds for total divorce, so as to provide that incompatability shall constitute a ground for divorce; and for other purposes.
Referred to the Committee on Judiciary.

HB 1835. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Commissioner of Rabun County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 773-1835. By Messrs. Jordan of the 74th, Thomason, Farrar, Russell and Levitas of the 77th, Dean of the 76th, and Vaughn of the 74th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the Judges of the Su perior Courts of the Stone Mountain Judicial Circuit may be elected in a nonpartisan election; and for other purposes.
Referred to the Committee on Judiciary.

HR 774-1835. By Messrs. Jordan of the 74th, Farrar and Levitas of the 77th, Dean of the 76th and Vaughn of the 74th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the members of the Board of Commissioners of DeKalb County may be elected in a nonpartisan election; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1836. By Messrs. McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to change the method of electing the mem bers of the Board of Education of Cobb County; to provide for educa tion districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, FEBRUARY 22, 1972

1499

HB 1837. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to provide for the Department of Trans portation to develop and coordinate long range comprehensive plans for modes of transportation; and for other purposes.
Referred to the Committee on Highways.

HB 1838. By Messrs. Triplett of the 93rd, Jones of the 87th, Alien of the 92nd, Gaynor of the 88th, Gignilliat of the 89th, Battle of the 90th, Hill of the 94th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and organize commissioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes", so as to provide that the governing authority of Chatham County shall consist of a chairman and eight commissioners of Chatham County and ex officio judges; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1839. By Mr. Grantham of the 55th:
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 outside their respective circuits; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1840. By Mr. Strickland of the 56th: A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hazlehurst, so as to provide that the mayor and commis sioners of the City of Hazlehurst shall be ineligible to serve as city manager during their respective terms of office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 775-1840. By Mr. Russell of the 77th: A Resolution compensating Mr. George F. Holmes; and for other purposes.
Referred to the Committee on Appropriations.
HR 776-1840. By Mr. McDaniell of the 117th: A Resolution creating the Corridor Loop Study Committee; and for other purposes.
Referred to the Committee on Highways,

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HB 1841. By Mr. Scarborough of the 81st:
A Bill to be entitled an Act to amend an Act comprehensively and ex haustively revising, superseding, and modernizing pretrial, trial and certain post-trail procedure in civil cases, so as to change the provisions relative to written interrogatories; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1842. By Messrs. Ware of the 30th, Gignilliat of the 89th, Russell of the 70th, Berry of the 85th, Dean of the 19th, Coney of the 118th and others:
A Bill to be entitled an Act to amend an Act providing for the issuance special motor vehicle license tags to members of the Georgia National Guard, so as to provide for the issuance of free motor vehicle license tags to members of the Georgia National Guard; and for other pur poses.
Referred to the Committe on Defense and Veterans Affairs.

HB 1843. By Mr. Chandler of the 34th:
A Bill to be entitled an Act to amend an Act providing the procedures under which surplus property shall be disposed of, so as to authorize the Georgia Building Authority to participate in the State surplus property program as provided by said Act; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 777-1843. By Messrs. Chandler of the 34th, Smith of the 43rd and Murphy of the 19th:
A Resolution accepting the bid of Southern Railway Company for the lease of certain property (two parcels of land lying and being in Pulton County, and now occupied in part by a facility referred to and known as the "Atlanta Track Welding Shop of the Southern Railway Com pany") owned by the State of Georgia; and for other purposes.
Referred to the Committee on State Institutions and Property.

HB 1844. By Messrs. Lee and Odom 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 duties, powers and jurisdiction of the Bureau of Investigation; to provide for other matters relative to the foregoing; and for other purposes.
Referred to the Committee on Judiciary.

TUESDAY, FEBRUARY 22, 1972

1501

HB 1845. By Messrs. Wood of the llth, Oxford of the 46th, Fraser of the 59th, Whitmire of the llth, Milford and Mauldin of the 12th, Smith of the 39th, Moore of the 6th, Jessup of the 49th, Poole of the 10th and many others:
A Bill to be entitled an Act to amend Code Title 56, relating to insur ance, so as to authorize the Secretary of State to forfeit the charter of hospital services non-profit corporations and non-profit medical service corporations if the Insurance Commissioner finds and certifies that certain conditions exist; and for other purposes.
Referred to the Commiteee on Insurance.

HB 1846, By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of the City of Valdosta; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1849. By Messrs. Levitas of the 77th, Davis of the 75th, Bell of the 73rd, Farrar of the 77th, Vaughn of the 74th, Noble of the 73rd; Russell of the 77th, Granade of the 75th and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change the corporate limits of the city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1850. By Messrs. Keyton of the 70th, Farrar of the 77th, Jones of the 87th, Matthews of the 63rd, Pinkston of the 81st and Ware of the 30th and others:
A Bill to be entitled an Act to amend the "'Minimum Foundation Pro gram of Education Act", so as to change the basis for alloting teachers and other certificated professional personnel from, the number of pupils in average daily attendance to the number of pupils enrolled in the local unit of administration; and for other purposes.
Referred to the Committee on Education.

HB 1851. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to provide for the Department of Admin istrative Services to allocate, assign and designate office space to all State departments and agencies within the Executive Branch of State government; and for other purposes.
Referred to the Committee on Rules.

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HB 1852. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to repeal and replace the charter for the City of Camilla in the County of Mitchell; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1853. By Messrs. Greer of the 95th, Longino of the 98th, Savage of the 104th, Horton of the 95th, Alexander of the 96th, Lane of the 101st and others:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Pairburn, and granting a charter to that municipality under that name and style, so as to add certain additional territory to the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1854, By Messrs. Longino of the 98th, Greer of the 95th, Savage of the 104th, Horton of the 95th, Alexander of the 96th, Lane of the 101st and others.
A Bill to be entitled an Act to amend an Act creating the City of Fairburn, so as to change the city limits of Fairburn by adding certain additional territory to the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1855. By Messrs. Savage of the 104th, Alexander of the 96th, Greer of the 95th, Marcus of the 105th, Mrs. Hamilton of the 112th, Mr. Adams of the 100th and others:
A Bill to be entitled an Act to create in all counties of this State having a population of 500,000 or more, a City-County Pension Fund Study Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 779-1855. By Messrs, Alexander of the 96th, Lane of the 101st, Mrs. Hamil ton of the 112th, Messrs. Marcus of the 105th, Greer of the 95th, Hill of the 97th and others:
A Resolution proposing an amendment to the Constitution to remove the millage limitation for the support and maintenance of education in the Fulton County School District; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

TUESDAY, FEBRUARY 22, 1972

1503

HR 780-1855. By Messrs. Alexander of the 96th, Hill of the 97th, Egan of the 116th, Townsend of the 115th, Mrs. Hamilton of the 112th, Messrs. Savage of the 104th, Marcus of the 105th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Education of the City of Atlatna to execute leases for facilities used for school or educational purposes for a term up to 20 years without a referendum or election and without compliance with any other provisions of this Constitution or any provision of any law of the State; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1856. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Tallulah Falls, so as to authorize the Mayor and Coun cil to promulgate, levy and provide for the collection of license fees and taxes on privileges, occupations, businesses, trades and professions; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1857. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Lumpkin County upon an annual salary, so as to change the provisions relative to the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1858. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Lumpkin County, so as to change the provisions rela tive to the compensation of the Commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 781-1858. By Messrs. Gunter and Moore of the 6th: A Resolution compensating Habersham County; and for other purposes.
Referred to the Committee on Appropriations.

HR 782-1858. By Messrs. Larsen of the 113th, Lane of the 101st, Alexander of the 96th, Atherton of the 117th, Knight of the 30th, Patten of the 63rd, Greer of the 95th and others:
A Resolution proposing an amendment to the Constitution so as to

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authorize the annual levy and appropriation of one-twentieth of State income taxes for the establishment of a Recreation and Conservation Trust Fund for the State; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1859. By Mr. Larsen of the 113th:
A Bill to be entitled an Act to amend an Act relating to the manufac ture, sale and taxation of wine, so as to provide for an increase in taxes on certain wines; and for other purposes.
Referred to the Committee on Temperance.

HB 1860. By Messrs. Matthews and Logan of the 16th: A Bill to be entitled an Act to place the Clerk of the Superior Court of Clarke County and Clerks of the State Court of Clarke County, and the Ordinary of Clarke County on a salary system of compensation; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1861. By Mr. Hudson of the 28th: A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax re ceiver of Putnam County on a salary basis, so as to change the com pensation of the ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
By unainmous 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 1862. By Messrs. Williams of the llth, Brantley of the 52nd, Jordan of the 74th, Adams of the 100th and Wilson of the 117th: A Bill to be entitled an Act to provide for Congressional Reapportionment; and for other purposes.
Referred to the Committee on Legislative and Congressional Reapportionment.
HB 1879. By Messrs. Murphy of the 19th, Floyd of the 7th and Busbee of the 61st: A Bill to be entitled an Act to amend Code Chapter 40-4, relating to the

TUESDAY, FEBRUARY 22, 1972

1505

Budget Bureau, so as to provide for information to be included in budget reports, amended budget reports and supplemental budget re ports; and for other purposes.
Referred to the Committee on Appropriations.

HB 1880. By Messrs. Floyd of the 7th, Murphy of the 19th and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating the Claims Ad visory Board, so as to change the provisions relating to the time when a resolution may be introduced and recommendations made thereon by the Board; and for other purposes.
Referred to the Committee on Appropriations.

HB 1925. By Messrs. Levitas of the 77th and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act creating the Department of Commerce, so as to provide for the membership of the Board of Commissioners of the Department of Industry and Trade by April 1, 1975; and for other purposes.
Referred to the Committee on Industry.

HB 1926, By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to clarify the arrest powers of the State Fire Marshal and his appointed staff; and for other pur poses.
Referred to the Committee on Insurance.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1714. By Messrs. Smith of the 39th and Adams of the 100th:
A Bill to be entitled an Act to amend Section 8 (d) 1 of the Act to create a State Board of Registration for Used Motor Vehicle Parts Dealers, so as to provide that the Bond required of said dealers shall be approved by the Board instead of the State Revenue Commissioner; and for other purposes.

HB 1715. By Messrs. Adams of the 100th and Smith of the 39th:
A Bill to be entitled an Act to amend Code Section 68-214, relating to the registration and licensing of motor vehicles, so as to provide for

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the transfer of licenses and tags of motor vehicles from one person to another; and for other purposes.

HB 1716. By Messrs. Jordan and Vaughn of the 74th, Farrar and Thomason of the 77th, Bell and Noble of the 73rd, Davis, Granade and Wood of the 75th, Collins of the 72nd, Floyd of the 75th and Levitas of the 77th:
A Bill to be entitled an Act to amend an Act creating the State Court of DeKalb County, so as to provide for costs in said court; and for other purposes.

HB 1717. By Messrs. Jordan of the 74th, Farrar, Levitas and Thomason of the 77th:
A Bill to be entitled an Act to amend Code Section 34-604, relating to deputy registrars, so as to provide that each registrar or assistant of every private or public college, university, theological seminary or post secondary school shall be a deputy to the board for the purpose of registering qualified applicants who are enrolled students; and for other purposes.

HB 1718. By Messrs. Cook of the, 95th and Bray of the 31st:
A Bill to be entitled an Act to provide that all municipal courts shall have the jurisdiction to adjudicate and dispose of cases involving certain violations of the Uniform Act Regulating Traffic on Highways, if the accused waives his right of trial before a jury or pleads guilty or nolo contendere or forfeits his appearance bond; and for other purposes.

HB 1719. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to provide for the purchase of passenger carrying automobiles; to provide for the establishment of motor pools; and for other purposes.

HR 742-1719. By Mr. Toles of the 9th:
A Resolution authorizing the conveyance of certain real property located in Floyd County; and for other purposes.

HB 1721. By Mr. Daugherty of the 109th:
A Bill to be entitled an Act to amend an Act to declare as contraband and subject to confiscation and condemnation, all vehicles and convey ances of every kind used in transporting, conveying, removing or storing narcotic drugs by striking the provision in said Act providing for the payment of a portion of the proceeds arising from the sale of the officer making the seizure; and for other purposes.

TUESDAY, FEBRUARY 22, 1972

1507

HB 1722. By Mr. Daugherty of the 109th:
A Bill to be entitled an Act to amend Code Section 58-207, relating to condemnation of vehicles and conveyances, boats and vessels, used in conveying, removing, concealing or storing contraband liquors or beverages, as amended, by striking the provision for the payment of a portion of the proceeds of the sale of such of the officer making the seizure and furnishing the proof; and for other purposes.

HB 1723. By Mr. Daugherty of the 109th:
A Bill to be entitled an Act to amend Code Section 79A-905, relating to the seizure of items used in violation of the Georgia Drug Abuse Control Act, so as to change the time limit provisions relative to con demnation of merchandise; and for other purposes.

HB 1725. By Mr. Snow of the 1st:
A Bill to be entitled an Act to amend Chapter 92-31, of the Code of Georgia, so as to provide for a change in the method of apportioning business income; and for other purposes.

HR 755-1725. By Mr. Burruss of the 117th:
A Resolution proposing an amendment to the Constitution so as to provide that all Executive and Administrative Offices, Boards, Bureaus, Commissions, Agencies, Departments and Divisions of the Executive Branch, except for the Offices of Governor and Lt. Governor shall be allocated no more than 20 separate Offices or Departments; and for other purposes.

HB 1726. By Messrs. Northcutt of the 21st and Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 9-103, relating to the qualifications of applicants for admission to the practice of law, so as to provide certain exceptions and exemptions from the educational requirements prescribed for admission to the practice of law; and for other purposes.

HB 1727. By Messrs. Hawes of the 95th and Brown of the 81st:
A Bill to be entitled an Act to amend Code Chapter 79A-7, relating to dangerous drugs, so as to change the provisions relating to the definition of a dangerous drug; and for other purposes.

HB 1728. By Mr. Kreeger of the 117th: A Bill to be entitled an Act to amend an Act creating a charter for the

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City of Powder Springs, so as to annex and incorporate certain addi tional territory into the City of Powder Springs; and for other purposes.

HB 1729. By Messrs. Wilson and Kreeger of the 117th: A Bill to be entitled an Act to amend an Act amending, revising, con solidating and superseding the several Acts incorporating the Town of Austell and reincorporating said town as a city, so as to change the corporate limits of said city; and for other purposes.
HB 1730. By Mr. Sweat of the 65th: A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways", so as to provide that whenever it is determined upon the basis of an engineering and traffic investigation that the maximum speed limits is less than reasonable under the conditions found to exist the speed limit may be raised from 60 miles per hour to 65 miles per hour during the daylight hours and from 50 to 55 miles per hour during all other hours; and for other purposes.
HB 1731. By Messrs. Levitas of the 77th and Nunn of the 41st: A Bill to be entitled an Act to amend Code Section 26-3004, relating to exemptions of law enforcement officers from the provisions of Code Chapter 26-30, relating to invasion of privacy, so as to provide it shall not be unlawful for a communications common carrier to furnish assistance to any person authorized to intercept a wire or oral com munication; and for other purposes.
HB 1732. By Mr. Burruss of the 117th: A Bill to be entitled an Act to reorganize the functions within the Executive Branch of State Government; and for other purposes.

HB 1733. By Mr. McDanieU of the 117th:
A Bill to be entitled an Act to amend Code Chapter 84-14, relating to real estate brokers and salesmen, so as to increase the membership of the Georgia Real Estate Commission; and for other purposes.

HB 1734. By Messrs. Levitas of the 77th and Atherton of the 117th:
A Bill to be entitled an Act to amend an Act creating a Metropolitan Area Planning and Development Commission in each Standard Metro politan Statistical Area of this State, so as to change the requirement for a quorum for taking action at a meeting of a commission; and for other purposes.

TUESDAY, FEBRUARY 22, 1972

1509

HB 1735. By Messrs. Levitas of the 77th and Atherton of the 117th:
A Bill to be entitled an Act to amend an Act creating a Metropolitan Area Planning and Development Commission in each Standard Metro politan Statistical Area of this State, so as to add a new subsection (d) to Section 6 of said Act, providing for a method of designating suc cessors to certain members of a Commission chosen by mayors of municipalities lying within the Area; and for other purposes.

HB 1736. By Mr. Ham of the 33rd: A Bill to be entitled an Act to amend an Act placing the sheriff of Butts County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the deputy sheriffs; and for other purposes.
HB 1737. By Mr. Ham of the 33rd: A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Butts County into the office of Tax Commissioner of Butts County; and for other purposes.
HB 1738. By Mr. Russell of the 77th: A Bill to be entitled an Act to amend Code Title 34, relating to elections, as amended, so as to provide for the non-partisan election of judges of the superior courts; and for other purposes.
HB 1739. By Mr. Vaughn of the 74th: A Bill to be entitled an Act to amend an Act creating the offices of the State Highway Board Chairman and Treasurer of the State Highway Department, so as to provide for the creation of the office of Deputy Director of the State Highway Department; and for other purposes.

HB 1740. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to amend an Act amending, revising and consolidating the several Acts granting corporate authority to the Town of Fort Valley, so as to provide additional powers for the Utilities Commission of the City of Fort Valley; and for other purposes.

HB 1741. By Messrs. Mullinax, Ware, Knight and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating the State Court of Troup County, so as to change the solicitor of the State Court of Troup County; and for other purposes.

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HB 1742. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Metter, so as to provide for a Recorder's Court in lieu of the Mayor's Court; and for other purposes.

HB 1743. By Messrs. Brown and Pinkston of the 81st:
A Bill to be entitled an Act to amend an Act establishing the State Court of Bibb County, so as to provide that the costs in said court for civil proceedings shall be the same as are now or as may hereafter be provided for civil cases in the superior courts of this State; and for other purposes.

HB 1744. By Messrs. Brown and Pinkston of the 81st:
A Bill to be entitled an Act to amend an Act so as to provide that the City of Macon shall have the power and authority to transfer and convey by quitclaim deed to the State of Georgia in fee simple absolute and without condition a certain portion of Central City Park; and for other purposes.

HB 1745. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Putnam County, so as to change the compensation of the ! : .. Chairman and the members of the Board; and for other purposes.

HB 1746. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner; and for other purposes.

HR 758-1746. By Mr. Russell of the 77th:
A Resolution compensating Mr. George F. Holems; and for other purposes.

HB 1747. By Mr. Fraser of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Flemington, so as to change the terms of office of the Mayor and Councilmen of said City; and for other purposes.

HB 1748. By Mr. Alexander of the 96th:
A Bill to be entitled an Act to provide for the licensing and regulation of motor vehicle physical damage appraisers; and for other purposes.

TUESDAY, FEBRUARY 22, 1972

1511

HB 1749. By Messrs. Pinkston, Evans and Brown of the 81st
A Bill to be entitled an Act to amend an Act known as the "Employ ment Security Law", so as to change some of the provisions relative to the reimbursement method of payment for private nonprofit institutions of higher education as defined in Chapter 54 of the Code; and for other purposes.

HR 759-1749. By Mr. Harris of the 10th:
A Resolution authorizing the conveyance of certain property to the City of Kingston; and for other purposes.

HB 1750. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act incorporating the city of Adairsville, so as to change the maximum amount of fines which may be imposed by the Mayor's Court; to change the provisions relative to maximum limitations on ad valorem tax rates; and for other purposes.

HB 1751. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, so as to change the provisions relative to the corporate limits of said city; to change the provision relative to the date for holding elections for members of the Cartersville School Board; and for other purposes.

HB 1752. By Mr. Harris of the 10th:
A Bill to be entitled an Act to amend Act incorporating the City of Emerson, so as to extend the police protection and jurisdiction of said city; to provide for sales; and for other purposes.

HB 1753. By Messrs. Brown and Melton of the 32nd:

' '.' ,'

A Bill to be entitled an Act to abolish the office of treasurer of Fayette County; to provide that the board of commissioners of Fayette County shall appoint depositories for county funds; and for other purposes.

HB 1754. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Fayette County, so as to change the terms of office of members on said board; and for other purposes.

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HR 760-1754. By Mr. Johnson of the 29th:
A Resolution compensating Southern Bell Telephone and Telegraph Company, Waynesboro, Georgia; and for other purposes.

HB 1755. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Acworth, so as to extend the present corporate limits of said city to include therein certain territory in the County of Cobb contiguous and adjacent to the existing boundaries of said city; and for other purposes.

HB 1756. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Kennesaw, so as to change the provisions relating to the election of Mayor and Councilmen; to change the terms of office for the Mayor and Councilmen; and for other purposes.

HB 1757. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Payette County into the office of tax commissioner of said county, so as to change the compensation of the tax commissioner; and for other purposes.

HB 1758. By Mr. Brown of the 32nd:
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 Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said clerk; and for other purposes.

HB 1759. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said sheriff; and for other purposes.

HB 1760. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to amend an Act abolishing the fee sys tem of compensation for the ordinary of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said ordinary; and for other purposes.

TUESDAY, FEBRUARY 22, 1972

1513

HB 1761. By Mr. Brown of the 81st:
A Bill to be entitled an Act to amend an Act known as the "Georgia Securities Act", so as to provide for exemptions from the provisions of said Act for certain sales of securities; and for other purposes.

HB 1762. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act known as Act No. 461, which Act prescribes the procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide that in cases where an appeal is made as provided in Section 10 of said Act, and the issues made by the appeal are not tried by a jury at the next term of the court after the filing of such notice of appeal, that the same shall be no cause for the dismissal of the appeal; and for other purposes.

HB 1763. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to amend Code Section 13-2024, relating to ownership of real estate by banks, so as to change the percentage that a bank may invest in real estate and personal property; and for other purposes.

HB 1764. By Messrs. Marcus of the 105th, Egan of the 116th, Alexander of the 108th, Mrs. Hamilton of the 112th, Messrs. Daugherty of the 109th, Felton of the 95th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to enlarge and redefine the corporate limits of the City of Atlanta; and for other purposes.

HB 1765. By Mr. Toles of the 9th:
A Bill to be entitled an Act to amend Code Section 88-2005, relating to persons authorized to extract eyes from a deceases donor's body, so as to authorize such extraction by licensed embalmers who have completed a course of instruction for such purpose approved by the State Department of Public Health; and for other purposes.

HB 1766. By Messrs. Toles of the 9th and Stephens of the 103rd: A Bill to be entitled an Act to provide that it shall be unlawful to re quire less than two municipal law enforcement officers to be assigned to patrol duty in any motor vehicle in certain municipalities; and for other purposes.
HB 1767. By Mr. Egan of the 116th: A Bill to be entitled an Act to amend an Act establishing a new charter

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JOURNAL OF THE HOUSE,

for the City of Atlanta, so as to enlarge and redefine the corporate limits; and for other purposes.

HB 1768. By Mr. Marcus of the 105th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to enlarge and redefine the corporate limits; and for other purposes.

HB 1769. By Messrs. Miles and Mulherin of the 78th, Connell and Dent of the 79th:
A Bill to be entitled an Act to amend Code Section 68-205, relating to the registration of motor vehicles and applications therefor, so as to remove therefrom the requirement that such applications must be sworn to; and for other purposes.

HB 1770. By Messrs. Northcutt of the 21st, Black of the 45th and Wheeler of the 57th:
A Bill to, be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to repeal the provision relating to promotion of the marketing of surplus commodities through the establishment of surplus pools for any agricultural commodity; and for other purposes.

HB 1799. By Messrs. McDaniell of the 117th and Levitas of the 77th:
A Bill to be entitled an Act to amend Code Chapter 84-14, relating to the regulation of real estate brokers and salesmen, so as to change the provisions relating to associate broker and the sale of subdivided land; and for other purposes.
HB 1801. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to amend an Act establishing the City Court in the County of Clarke, so as to provide for the trial of mis demeanors by the judge of said court without a jury; and for other purposes.

HB 1829. By Messrs. Levitas and Farrar of the 77th:
A Bill to be entitled an Act to amend Code Section 34-2004, relating to laws expressly retained by the Georgia Election Code, so as to provide that the provisions of certain local Acts relative to the nonpartisan election of members of a county board of education shall continue to control under certain conditions; and for other purposes.

TUESDAY, FEBRUARY 22, 1972

1515

HB 1830. By Mr. Cole of the 3rd:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that municipalities and counties shall have authority to levy excise taxes on the sale of malt beverages; and for other purposes.

HB 1847. By Messrs. Gignilliat of the 89th, Triplett of the 93rd, Jones of the 87th, Battle of the 90th, Alien of the 92nd and Gaynor of the 88th:
A Bill to be entitled an Act to authorize and direct the Board of Educa tion for the County of Chatham and City of Savannah to adopt and administer early admission programs with accredited colleges and universities in this State; and for other purposes.

HB 1848. By Messrs. Gaynor of the 88th, Triplett of the 93rd, Jones of the 87th, Alien of the 92nd, Hill of the 94th, Battle of the 90th and others:
A Bill to be entitled an Act to amend an Act providing for the creation of the "Savannah Transit Authority", so as to provide that the Au thority shall have the power to establish employment benefits and re tirement plans and trusts; and for other purposes.

HR 778-1848. By Messrs. Alien of the 92nd, Gaynor of the 88th, Triplett of the 93rd, Jones of the 87th, Gignilliat of the 89th and Battle of the 90th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide for the abolishment and con solidation into a county-wide government of the existing governments of Chatham County and the City of Savannah; and for other purposes.

SB 345. By Senators Cleland of the 55th, Tysinger of the 41st and Walling of the 42nd:
A Bill to be entitled an Act to amend an Act known as the "Junior College Act of 1958", so as to change the academic year payment by the Board of Regents to certain local operating authorities; and for other purposes.

SB 377. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act comprehensively revising appellate and other post-trial procedure, so as to provide that appeals may be taken to the Supreme Court and the Court of Appeals from judgments and rulings of the Superior Courts or other courts from which writs are authorized by the constitution and laws; and for other purposes.

1516

JOURNAL OP THE HOUSE,

SB 416. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Code Title 79A, relating to pharmacists, pharmacies, and drugs, so as to provide that the possession of certain devices used for unlawfully injecting or smoking certain drugs and narcotics shall be unlawful; and for other purposes.

SB 438. By Senator Chapman of the 32nd:
A Bill to be entitled an Act to amend an Act known as the "Statewide Probation Act", so as to provide that the compensation of the Director shall be fixed by the Board; and for other purposes.

SB 552. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act abolishing the offices of tax receiver and tax collector and creating the office of tax commissioner of Evans County, so as to change the compensation of the tax commis sioner; and for other purposes.
SB 553. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act authorizing Evans County to pay the Ordinary of said county a monthly allowance in addition to fees, so as to change the amount of said monthly allowance; and for other purposes.

SB 554. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the superior court of Evans County, so as to change the compensation of said clerk; and for other purposes.

SB 556. By Senator Bean of the 6th:
A Bill to be entitled an Act to provide that all tickets for violations of traffic offenses issued by the sheriff for his deputies in certain counties shall be numbered; to provide for the distribution of such tickets; and for other purposes.

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

TUESDAY, FEBRUARY 22, 1972

1517

Resolution of the Senate and has instructed me to report the same back to the House with the following recommendation:
SR 206. Do Pass.

Respectfully submitted, Farrar of the 77th, 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 Resolution of the House and has instructed me to report the same back to the House with the following recommendation:
HR 527-1188. Do Pass, by Substitute.
Respectfully submitted, Roach of the 10th, 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 recommenations:

HR 703-1639. Do Pass.

HR 708-1643. Do Pass, as Amended.

HR 709-1646. Do Pass.

HR 721-1678. Do Pass.

HR 723-1678. Do Pass.

HR 733-1686. Do Pass, by Substitute.

HR 745-1724. Do Pass,

SB

381. Do Pass.

SB

508. Do Pass.

SB

510. Do Pass.

1518
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,

1097. Do Pass. 1271. Do Pass. 1272. Do Pass. 1441. Do Pass. 1535. Do Pass. 1536. Do Pass. 1573. Do Pass. 1630. Do Pass. 1631. Do Pass. 1632. Do Pass. 1633. Do Pass. 1634. Do Pass. 1635. Do Pass. 1640. Do Pass. 1644. Do Pass. 1645. Do Pass. 1646. Do Pass. 1648. Do Pass. 1653. Do Pass. 1667. Do Pass. 1668. Do Pass. 1670. Do Pass. 1671. Do Pass. 1674. Do Pass. 1676. Do Pass. 1678. Do Pass. 1684. Do Pass. 1686. Do Pass. 1687. Do Pass. 1688. Do Pass. 1702. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman..

TUESDAY, FEBRUARY 22, 1972

1519

By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

SB 508. By Senator Doss of the 52nd: A Bill to be entitled an Act to amend an Act abolishing the offices of tax receiver and tax collector of Floyd County and creating in lieu there of the office of tax commissioner of Floyd County, as amended, so as to change the compensation provisions relating thereto; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

SB 381. By Senator Doss of the 52nd:
A Bill to be entitled an Act to amend an Act amending the charter of the City of Rome, as amended, so as to provide that the portion of eligible employees' monthly salaries in excess of a certain sum shall be exempt from the retirement fund assessment; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, "was 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 510. By Senator Doss of the 52nd:
A Bill to be entitled an Act to repeal an Act placing the Clerk of the Superior Court, Ordinary and Sheriff of Floyd County on an annual salary in lieu of the fee system of compensation, as amended, so as to provide new and separate salary provisions for the Clerk and Ordinary of said county; and for other purposes.

1520

JOURNAL OF THE HOUSE,

The following substitute, offered by Messrs. Lowrey, Toles and Adams of the 9th, was read and adopted:

A BILL

To be entitled an Act to repeal an Act placing the Clerk of the Superior Court, Ordinary and Sheriff of Floyd County, Georgia, on an
annual salary in lieu of the fee system of compensation, approved February 28, 1956 (Ga. Laws 1956, p. 2754), as amended by an Act approved February 21, 1958 (Ga. Laws 1958, p. 2252), an Act approved March 10, 1959 (Ga. Laws 1959, p. 2988), an Act approved March 17, 1960 (Ga. Laws 1960, p. 2962), an Act approved March 4, 1961 (Ga. Laws 1961, p. 2234), an Act approved March 20, 1963 (Ga. Laws 1963, p. 2397), an Act approved March 11, 1934 (Ga. Laws 1964, p. 2881), an Act approved March 15, 1965 (Ga. Laws 1965, p. 2322), and an Act approved April 6, 1967 (Ga. Laws 1967, p. 2971), so as to provide new and separate salary provisions for the clerk and ordinary of said county; to provide for experience increases in salary for said officers; to provide that the stated salaries are authorized minimums with the salary to be set by the Board of Commissioners of Floyd County; 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 placing the Clerk of the Superior Court, Ordi nary and Sheriff of Floyd County, Georgia, on an annual salary in lieu of the fee system of compensation, approved February 28, 1956 (Ga. Laws 1956, p. 2754), as amended by an Act approved February 21, 1958 (Ga. Laws 1958, p. 2252), an Act approved March 10, 1959' (Ga. Laws 1959, p. 2988), an Act approved March 17, 1960 (Ga. Laws, 1960, p. 2962), an Act approved March 4, 1961 (Ga. Laws 1961, p. 2234), an Act approved March 20, 1963 (Ga. Laws 1963, p. 2397), an Act approved March 11, 1964 (Ga. Laws 1964, p. 2881), an Act approved March 15, 1965 (Ga. Laws 1965, p. 2322), and an Act approved April 6, 1967 (Ga. Laws 1967, p. 2971), is hereby arepealed in its entirety, and in lieu thereof salaries for such officers are prescribed as herein after provided.
Section 2. The Clerk of the Superior Court of Floyd County shall be paid a salary of $14,000.00 per annum, payable in equal monthly installments from the funds of Floyd County. The clerk of the superior court shall be entitled to experience increases in salary of $500.00 per annum for each four-year term of office completed for a maximum of three terms. One of these experience increases in salary may be. earned for prior service in any position in said office totaling four or more years.
Section 3. The Ordinary of Floyd County shall be paid a salary of $14,000.00 per annum, payable in equal monthly installments from the funds of Floyd County. The ordinary shall be entitled to experience increases in salary of $500.00 per annum for each four-year term of office completed for a maximum of three terms. One of these experience

TUESDAY, FEBRUARY 22, 1972

1521

increases in salary may be earned for prior service in any position in said office totaling four or more years.

Section 4. The base salaries provided herein are the authorized minimums with the salary to be set by the Board of Commissioners of Floyd County at its discretion. The increases for experience are the au thorized minimums with the actual amount for experience to be determined by the board of commissioners.

Section 5. The salaries provided for herein are in lieu of the fee system of compensation, which fee system of compensation shall stand abolished.

Section 6. The provisions of this Act shall become effective on January 1, 1973.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.
On the passage of the Bill, by substitute, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed, by substitute.
HB 1271. By Messrs. Lane of the 101st, Townsend of the 115th, Egan of the 116th, Hill of the 97th, Alexander of the 96th and others: A Bill to be entitled an Act to amend an Act entitled "An Act to incor porate the City of Hapeville", as amended, so as to provide for the deletion of an error in said 1971 amendatory Act; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

1522

JOURNAL OF THE HOUSE,

HB 1272. By Messrs. Lane of the 101st, Townsend of the 115th, Egan of the 116th, Hill of the 97th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to incorporate the city of Hapeville", as amended, so as to provide for a change in the qualifications of members of the Pension and Retire ment System Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1441. By Mr. Maxwell of the 17th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Madison County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1535. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to amend an Act providing for a new charter for the City of Baxley, as amended, so as to provide that the City Council may declare the office of Mayor vacant only in certain specified circum stances; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

TUESDAY, FEBRUARY 22, 1972

1523

HB 1536. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Appling 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 1573. By Mr. Maxwell of the 17th:
A Bill to be entitled an Act to amend an Act abolishing the present mode of compensating the Clerk of the superior court, the ordinary, the tax commissioner and the coroner of Madison County, known as the fee 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.

HB 1622. By Messrs. Ham of the 33rd, Adams and Smith of the 39th and Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act placing the District At torney of the Flint Judicial Circuit on an annual salary in lieu of the fee system as amended, so as to create the office of Assistant District Attorney of the Flint 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.

1524

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 1623. By Messrs. Ham of the 33rd, Adams and Smith of the 39th and Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act authorizing the judge of the superior courts of the Flint Judicial Circuit to employ and fix the compensation of a secretary, so as to authorize the judge to employ and fix the compensation of a secretary or secretaries; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
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.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1630. By Messrs. Bohannon and Patterson of the 20th: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Carroll County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

TUESDAY, FEBRUARY 22, 1972

1525

The Bill, having received the requisite constitutional majority, was passed.

HB 1631. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Carroll County, as amended, so as to change the compensation of the tax commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1632. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Carroll County upon an annual salary, so as to change the compensa tion of the sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1633. By Messrs. Bohannon and Patterson of the 20th: A Bill to be entitled an Act to amend an Act establishing a City Court of Carrollton (now State Court), as amended, so as to change the compensation of the judge; to place the solicitor of said court on the salary system of compensation in lieu of the fee system; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

1526

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 1634. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Carroll County as amended, so as to change the com pensation of said commissioner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1635. By Messrs. Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Carroll County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1640. Messrs. Adams of the 100th, Lane of the 101st, Sims of the 106th, Longino of the 98th, Horton of the 95th and others:
A Bill to be entitled an Act to amend an Act abolishing the fee system in the Superior Court of the Atlanta: Judicial Circuit as applied to the office of the Solicitor General, as amended, so as to provide that the compensation of assistant district attorneys shall be fixed by the district attorney within specified 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.

TUESDAY, FEBRUARY 22, 1972

1527

The Bill, having received the requisite constitutional majority, was passed.

HB 1644. By Messrs. Lane of the 101st, Sims of the 106th, Longino of the 98th, Horton of the 95th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the city of Hapeville, so as to provide authority for Mayor and Council under certain conditions to forego assessment for such paving of streets and sidewalks; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1645. By Messrs. Lane of the 101st, Bond of the lllth, Hood of the 99th, Sims of the 106th, Stephens of the 103rd, Ezzard of the 102th and others: A Bill to be entitled an Act to provide for a homestead exemption of $5,000 for each resident of Pulton County on his home which he owns and which he occupies as a residence and homestead; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1646. By Messrs. Lane of the 101st and Hawes, Horton and Greer of the 95th: A Bill to be entitled an Act to amend an Act entitled "An Act to in corporate the City of Hapeville", so as to provide for a recorder pro tern to serve in the absence of the mayor or recorder; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1528

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 1648. By Mr. Russell of the 14th:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Barrow County into the office of Tax Commission of Barrow 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 1653. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to provide for the election of the Board of Education of Jeff Davis County; to provide for residency requirements; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1667. By Mr. Colwell of the 5th: A Bill to be entitled an Act to provide a new charter for the City of Dahlonega in the County of Lumpkin; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 110, nays 0.

TUESDAY, FEBRUARY 22, 1972

1529

The Bill, having received the requisite constitutional majority, was passed.

HB 1668. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to create the Towns County Water and Sewerage Authority; to authorize the Authority to acquire and maintain projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, municipal corporations, and instrumentalities 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 1670. By Messrs. Hudson and Dorminy of the 48th: A Bill to be entitled an Act to amend an Act incorporating the City of Ocilla, 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.
HB 1671. By Messrs. Gunter and Moore of the 6th: A Bill to be entitled an Act to amend an Act incorporating and provid ing a new charter for the Town of Baldwin, as amended, so as to change the date of 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.

1530

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 1674. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Crawford 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 1676. By Mr. Ross of the 26th: A Bill to be entitled an Act to create and establish a Small Claims Court in and for Lincoln 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 1678. By Messrs. Bostick, Matthews and Patten of the 63rd: A Bill to be entitled an Act to create the Tift County Water and Sewerage Authority, to authorize the Authority to acquir and maintain projects embracing sources of water supply and the distribution and sale of water related facilities to individuals, private concerns, municipal corporations, the State of Georgia, its political subdivisions and in strumentalities 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.

TUESDAY, FEBRUARY 22, 1972

1531

The Bill, having received the requisite constitutional majority, was passed.

HB 1684. By Messrs. Mullinax, Ware, Knight and Potts of the 30th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of LaGrange in the County of Troup, as amended, so as to extend and increase the corporate limits of the City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1686. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to create the Scott Water and Sewer Au thority; to authorize the Authority to acquire and maitnain projects embracing sources of water supply and the treatment, distribution, and sale of water to individuals, private concerns and municipal corpora tions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1687. By Mr. Fraser of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Darien, as amended, so as to change the corporate limits of the City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

1532

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

HB 1702. By Ham of the 33rd:
A Bill to be entitled an Act to amend an Act consolidating and codifying the various Acts incorporating the City of Forsyth in the County of Monroe, as amended, so as to abolish the Mayor's Court and the pro cedures connected therewith; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 110, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1688. By Mr. Fraser of the 59th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Darien, as amended, so as to change the term of office and the time for election of the Mayor and Councilmen of the City of Darien; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was 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 703-1639. By Messrs. Bostick and Patten of the 63rd:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the office of purchasing agent for the City of Tifton and Tift County; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

TUESDAY, FEBRUARY 22, 1972

1533

Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:

"Any other provision of this Constitution or of any law to the contrary notwithstanding, there is hereby created the Office of Purchasing Agent for the City of Tifton and Tift County. The purchasing agent shall make all purchases of real and personal prop erty, whether tangible or intangible, for the City of Tifton and Tift County. Except as otherwise provided herein, the City of Tifton and Tift County and all officers, officials, agents or employees are hereby prohibited for purchasing any real or personal property, whether tangible or intangible, from the funds of the City of Tifton or Tift County except such purchases as shall be made by and through said purchasing agent. The General Assembly is hereby authorized to provide by law for the qualifications, appointment or election, term of office, compensation, expenses, method of filling vacancies, secretarial, clerical and administrative assistance, duties and powers of the purchasing agent. The General Assembly is further authorized to provide by law for the exception of certain purchases, either as to amount or type of purchase, from the re quirements contained herein, to provide for penalties, and to au thorize or require other incorporated municipalities, school districts and other political subdivisions located within Tift County to pur chase real or personal property, or both, through said purchasing agent."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to create the Office of Purchasing Agent for the City of Tifton and
NO ( ) Tift County and require certain governmental pur chases to be made through such purchasing agent?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

1534

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell
Bennett,.J. T. Bennett, Tom Berry Black Bohannon Bond Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans
Ezzard

Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grenade Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus 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 Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens
Strickland

Sweat Thomason Thompson Toles Townsend Triplett

TUESDAY/FEBRUARY 22, 1972

1535

Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A.

Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barf ield Blackshear Bostick Chandler Cook Dean, J. E.

Farrar Greer Hamilton Hill, B. L. Hood

Larsen, W. W. Patten Russell, W. B. Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 179, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 708-1643. By Messrs. Levitas, Farrar and Russell of the 77th, Davis and Granade of the 75th, Bell of the 73rd and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize DeKalb County to create subordinate service areas in the county in which on or more governmental services or additions to the countywide services may be provided by the county and to levy such taxes in such areas as may be necessary to provide such services or additions to county services to be financed from the revenue secured from within that area; to provide for the submission of this amendment for ratification or re jection and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. That Article VII, Section I, Paragraph II of the Con stitution of the State of Georgia of 1945 be and the same is hereby amended by adding at the end thereof, as heretofore amended, the following:
"DeKalb County, by and through its governing authority, is hereby authorized to establish districts within such county in which districts one or more governmental services or additions to countywide services may be provided and to levy annually a tax on the property within the boundaries of any such district sufficient to

1536

JOURNAL OF THE HOUSE,

provide for the facilities and services in such district, which tax may be separate and in addition to the annual tax imposed on a countywide basis, and to adopt different tax rates, methods, c-r assessments for the taxation of such property in such areas, and to provide by ordinance such rules and regulations as may be deemed convenient or appropriate for the creation of such district or dis tricts and the services to be provided therein. Provided, however, that no district may be created which lies wholly or partly within any incorporated municipality."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journal with the "ayes" and the "nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I to the Constitution of Georgia of 1945, as amended.

The ballot submitting the proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of DeKalb County to estab lish service districts outside of incorporated munici-
NO ( ) palities within the county in which one or more gov ernmental services or additions to countywide services may be provided and a tax levied on all property situated in such districts to provide for the furnishing of such facilities and services therein, which tax may be in addition to tax levied on a countywide basis?"

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, returns of the election shall be made as provided by law and it shall be the duty of the Secretary of State to ascertain results and certify the same to the Governor, who shall issue his proclamation thereon.

The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HE 708-1643 as follows:
Delete the quotation mark at the end of Section 1. and add the following:
"Provided, however, that no district may be created which lies wholly or partly within any incorporated municipality."

TUESDAY, FEBRUARY 22, 1972

1537

Add between the words "districts" and "within" in the second paragraph of Section 2. the following:

outside of incorporated municipalities

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 Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bo wen Brantley, H. H. Brantley, H. Jb. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L.

Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Horton

Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell : McDonald

1538
Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson. Pearce Petersi Phillips, G. S. Phillips, L. L.

JOURNAL OF THE HOUSE,

Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach
Ross Rush
Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R, Smith, J. R. Smith, V. T.

Snow Sorrells Stephens Strickland
Sweat Thomason Thompson Tolesi Townsend Triplett
Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Blackshear Bostick Chandler Cook Dean, J. E.

Farrar Green Hamilton Hill, B. L. Hood

Larsen, W. W. Patten Russell, W. B. Vaughn Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 179, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.
HR 709-1646. By Messrs. Lane of the 101st, Adams of the 100th, Savage of the 104th, Shepherd of the 107th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a homestead exemption up to $5,000.00 for each resident of Fulton County on his home which he owns and which he actually occupies as a residence and homestead; to au thorize the General Assembly to provide by law for a homestead exemp tion up to $10,000.00 for each resident of Fulton County who is 65 years of age or over or who is totally and permanently disabled and whose

TUESDAY, FEBRUARY 22, 1972

1539

adjusted gross income, together with the adjusted income of his spouse, does not exceed $6,000.00 for the immediately preceding taxable year on his home which he owns and which he and his spouse, if any actually occupy as a residence and homestead; to provide that said homestead exemptions shall be applicable to all ad valorem taxes levied by Fulton County, except ad valorem taxes levied by Fulton County for school district purposes; 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 adding at the end thereof the following para graphs :

"The General Assembly is hereby authorized to provide by law for a homestead exemptiou up to $5,000.00 for each resident of Fulton County on his home which the owns and which he actually occupies as a residence and homestead, such exemption to be ap plicable to all ad valorem taxes levied by Fulton County, except ad valorem taxes levied by Fulton County for school district purposes. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972.

The General Assembly is hereby authorized to provide by law for a homestead exemption up to $10,000.00 for each resident of Fulton County who is 65 years of age or over or who is totally and permanelty disabled and whose adjusted gross income (as defined in the Internal Revenue Code of 1954, as now or hereafter amended), together with the adjusted gross income of his spouse, does not exceed $6,000.00 for the immediately preceding taxable year on his home which he owns and which he and his spouse, if any, actually occupy as a residence and homestead. Adjusted gross income, as used herein, shall include income from all sources, including any federal old-age survivors or disablility insurance benefits or bene fits received from any retirement or pension fund when such bene fits are based on contributions made thereto by such resident or his spouse. In order to qualify for the exemption provided for herein as being totally and permanently disabled, the person claiming such exemption shall be required to obtain a certificate from not more than three physicians licensed to practice medicine under Code Chapter 84-9, as now or hereafter amended, certifying that, in the opinino of such physician, such person is totally and perman ently disabled. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, 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:

1540

JOURNAL OF THE HOUSE,

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for a home stead exemption up to $5,000.00 for each resident of Pulton County on his home which he owns and which
NO ( ) he actually occupies as a residence and homestead; to authorize the General Assembly to provide by law for a homestead exemption up to $10,000.00 for each resident of Fulton County who is 65 years of age or over or who is totally and permanently disabled and whose adjusted gross income, together with the ad
justed gross income of his spouse, does not exceed $6,000.00 for the immediately preceding taxable year on his home which he owns and which he and his spouse, if any, actually occupy as a residence and homestead; and to provide that said homestead ex emptions shall be applicable to all ad valorem taxes levied by Fulton County, except ad valorem taxes levied by Fulton County for school district purposes?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Eesolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell
Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond

Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss
Busbee Carr Carter Chance Chappell Cheeks

Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger
Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib

Dean, N. Dent
Dixon Dorminy Drury Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King

TUESDAY, FEBRUARY 22, 1972

1541

Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus 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 Pearce Peters Phillips, G. S.

Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V.T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Blackshear Bostick Chandler Cook Dean, J. E.

Farrar Greer Hamilton Hill, B. L. Hood

Larsen, W. W. Patten Russell, W. B. Vaughn Mr. Speaker

1542

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 179, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 721-1678. By Mr. Knowles of the 22nd:
A RESOLUTION
Repealing House Resolution No. 184-623, proposing an amendment to the Constitution, so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein for water or water and sewerage purposes and to guarantee payment, in whole or in part, of water or water and sewerage revenue bonds issued, from time to time, by the County and the Henry County Water Authority and to otherwise support and maintain the operations of a water or water and sewerage system in Henry County, adopted by the 1971 Session of the General Assembly of Georgia (Ga. Laws 1971, p. 950); to repeal conflicting laws; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. House Resolution No. 184-623, proposing an amendment to the Constitution, so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein for water or water and sewerage purposes and to guarantee payment, in whole or in part, of water or water and sewerage revenue bonds issued, from time to time, by the County and the Henry County Water Authority and to otherwise support and main tain the operations of a water or water and sewerage system in Henry County, adopted by the 1971 Session of the General Assembly of Georgia (Ga. Laws 1971, p. 950), is hereby repealed in its entirety.
Section 2. 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.

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

TUESDAY, FEBRUARY 22, 1972

1543

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. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards
Egan
Evans
Ezzard
Felton
Floyd, J. H.
Floyd, L. R.
Fraser
Gary
Gaynor
Gei singer
Gignilliat
Grahl

Granade Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey
Marcus
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 Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Rossi Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow
Sorrells
Stephens
Strickland
Sweat
Thomason
Thompson
Toles
Town send
Triplett
Tripp
Turner
Wamble

1544
Ware Wheeler, Bobby Wheeler, J. A.

JOURNAL OF THE HOUSE,

Whitmire Williams Wilson

Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Blackshear Bostick
Chandler Cook Dean, J. E.

Farrar Greer Hamilton
Hill, B. L. Hood

Larsen, W. W. Patten Russell, W. B.
Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 179, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 723-1678. By Mr. Knowles of the 22nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located therein ,for water and sewerage or water or sewerage purposes and for the payment of water and sewerage revenue bonds heretofore issued and hereafter issued, from time to time, by Henry County and the Henry County Water and Sewer age Authority and to otherwise support and maintain the operations of at water and sewerage system in Henry County and to provide funds for making additions, extentions and improvements thereto; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section IV, Paragraph II of the Constitution is hereby amended by striking therefrom the following two paragraphs:
"The governing authority of Henry County is hereby authorized to levy a tax, in addition to any other tax authorized to be levied, not to exceed two mills per dollar on all taxable property located in said County. The proceeds of such tax shall be appropriated and used for water or water and sewerage purposes and to guarantee payment, in whole or in part, of water or water and sewerage revenue bonds issued, from time to time, by the County and the

TUESDAY, FEBRUARY 22, 1972

1545

Henry County Water Authority and to otherwise support and maintain the operations of a water or water and sewerage system
of Henry County.

This amendment is self-enacting and does not require any en abling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to Henry County and the Henry County Water Authority not in consistent with the provisions of this Amendment.",

and inserting in lieu thereof two new paragraphs, to read as follows:

"The governing authority of Henry County is hereby authorized to levy a tax, in addition to any other tax authorized to be levied, not to exceed two mills per dollar on all taxable property located in said County. The proceeds of such tax shall be appropriated in full to the Henry County Water and Sewerage Authority and used for water and sewerage or water or sewerage purposes and for the payment of water and sewerage revenue bonds heretofore issued and hereafter issued, from time to time, by the County and the Henry County Water and Sewerage Authority and to otherwise support and maintain the operations of at water and sewerage system in Henry County and to provide funds for making additions, extensions and improvements thereto.

This amendment is self-enacting and does not require any en abling legislation for it to become effective; provided, however, the General Assembly may by law grant further and additional powers to Henry County and the Henry County Water and Sewer age Authority not inconsistent with the provisions of this amend ment."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Henry County to levy a tax not to exceed two mills per dollar on all taxable property located in Henry County and to provide that
NO ( ) the proceeds of such tax shall be appropriated in full to the Henry County Water and Sewerage Au thority and used for water and sewerage or water or sewerage purposes and for the payment of water and sewerage revenue bonds heretofore issued and hereafter issued, from time to time, by the County and the Henry County Water and Sewerage Authority and to otherwise support and maintain the operations of a water and sewerage system in Henry County and to provide funds for making additions, extensions and improvements thereto?"

1546

JOURNAL OF THE HOUSE,

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, 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 Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M.

Collins, S. Cowell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Groover Gunter

Ham Harrington Harris Harrison Hawesi 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. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis

TUESDAY, FEBRUARY 22, 1972

1547

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 Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman

Simsi Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens! Strickland Sweat Thomason Thompson Toles Town send Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Blackshear Bostick Chandler Cook Dean, J. E.

Farrar Greer Hamilton Hill, B. L. Hood Larsen, W. W.

Patten Russell, W. B. Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 179, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 733-1678. By Messrs. Bennett, Barfield and Reaves of the 71st:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Tax Assessors of Lowndes County; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.

1548

JOURNAL OF THE HOUSE,

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEORGIA:
Section 1. Article XI, Section I of Paragraph VI of the Constitu tion is hereby amended by adding at the end thereof the following:

"The Board of Tax Assessors of Lowndes County shall consist of three members to be elected by the qualified voters of Lowndes County. Such members shall be elected by the voters of the entire county. In order to be eligible to serve as a member of said Board, a person must have been a resident of Lowndes County for two years immediately preceding the date of the election and must be a qualified and registered voter in Lowndes County. Not less than five (5) nor more than ten (10) days after the date of the ratifica tion of this paragraph, it shall be the duty of the Ordinary of Lowndes County to issue the call for an election for the purpose of electing the first members of the Lowndes County Board of Tax Assessors. The Ordinary shall set the date of such election for not less than fifteen (15) nor more than twenty (20) 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 preceding the date thereof in the official organ of Lowndes County. Candidates shall qualify in the same manner as candidates qualify for a special election to fill a vacancy in the office of Clerk of the Superior Court, and the election shall be held as provided by law for the holding of special elections. Candidates shall qualify for posts as provided by law, and any run-off election shall be held under the provisions of existing law. The members elected shall take office on January 1, 1973, and shall serve for a term of four (4) years and until their successors are elected and qualified. Future elections shall be held at the same time as the election for other county officers, and successors shall serve for terms of four (4) years and until their successors are elected and qualified. The governing authority of Lowndes County shall fix the compensation of the members of the Lowndes County Board of Tax Assessors and the personnel employed by said Board. The governing authority shall also furnish office space and all necessary supplies, material and equipment in order that the Board may perform its duties. The members of the Lowndes County Board of Tax Assessors shall have the same duties, powers, authority and obligations as pro vided by law for members of county boards of tax assessors, it being the purpose of this paragraph that the only change in the Lowndes County Board of Tax Assessors shall be that members shall be elected rather than appointed by the governing authority of the county."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide for the elections of the members of the Board of Tax
NO ( ) Assessors of Lowndes County?"

TUESDAY, FEBRUARY 22, 1972

1549

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The following Committee substitute was read and adopted:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the election of the members of the Board of Tax Assessors of Lowndes County; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article XI, Section I of Paragraph VI of the Constitu tion is hereby amended by adding at the end thereof the following:
"The Board of Tax Assessors of Lowndes County shall consist of three members to be elected by the qualified voters of Lowndes County. Such members shall be elected by the voters of the entire county. In order to be eligible to serve as a member of said Board, a person must have been a resident of Lowndes County for two years immediately preceding the date of the election and must be a qualified and registered voter in Lowndes County. During the month of November, 1972, it shall be the duty of the Ordinary of Lowndes County to issue the call for an election for the purpose of electing the first members of the Lowndes County Board of Tax Assessors. The Ordinary shall set the date of such election for not less than fifteen (15) nor more than twenty (20) 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 preceding the date thereof in the official organ of Lowndes County. Candidates shall qualify for Post One, Post Two or Post Three. The first election shall be held and conducted in the same manner as provided by law for holding and conducting special elections unless in conflict with the provisions of this Paragraph. In the event a run-off election is necessary, it shall be held not less than seven nor more than ten days from the date of the election on a day to be set by the Ordinary. The members elected shall take office on January 1, 1973, and shall serve for a term of four (4) years and until their successors are elected and qualified. Future elections shall be held at the same time as the election for other county officers, and successors shall serve for terms of four (4) years and until their successors are elected and qualified. The governing authority of Lowndes County shall fix the compensation of the members of the Lowndes County Board of Tax Assessors and

1550

JOURNAL OF THE HOUSE,

the personnel employed by said Board. The governing authority shall also furnish the office space and all necessary supplies, material and equipment in order that the Board may perform its duities. The members of the Lowndes County Board of Tax Asses sors shall have the same duties, powers, authority and obligations as provided by law for members of county boards of tax assessors. The provisions of this paragraph shall become effective as soon
as the results have been ascertained by the Ordinary, so as to en able the Ordinary to carry out his duties hereunder within the
time limitation provided."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide for the election of the members of the Board of Tax:
NO ( ) Assessors of Lowndes County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this. State.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to.

On the adoption of the Resolution, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton 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.

Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier

Collins, M.
Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Gran th am Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson

TUESDAY, FEBRUARY 22, 1972

1551

Isenberg
Jessup
Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee.W.J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino 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 Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Blackshear

Bostick Chandler

Cook Dean, J. E.

1552
Farrar Greer Hamilton Hill, B. L.

JOURNAL OF THE HOUSE,

Hood Larsen, W. W. Patten

Russell, W. B. Vaughn Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 179, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, by substitute.

HR 745-1724. By Messrs. Dixon and Sweat of the 65th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Ware County to issue general obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitu tion is hereby amended by adding at the end thereof the following:
"Any other provision of the Constitution to the contrary not withstanding, the governing authority of Ware County is hereby authorized and empowered to (1) acquire real property and to acquire, construct and equip buildings and facilities for education beyond the twelfth grade and to convey any such property so ac quired to the Board of Regents of the University System of Geor gia, its successors or assigns; (2) contribute funds to the Board of Regents of the University System of Georgia to be applied toward the acquisition of real property and the acquisition, construction and equipping of buildings and facilities for education beyond the twelfth grade.
In order to finance such undertaking, the governing authority of Ware County is hereby authorized to issue, from time to time, general obligation bonds bearing the rate or rates of interest and maturing at the years and amounts determined by said governing authority. Any bonds issued pursuant to the authority herein granted shall be issued in accordance with the provisions of this Constitution and the laws governing the issuance of general obliga tion bonds. The taxes assessed, levied and collected for the payment of the bonded indebtedness incurred pursuant to the provisions, herein shall be upon all the taxable property in Ware County,,

TUESDAY, FEBRUARY 22, 1972

1553

including any such property in any municipal or independent school system or district. The bonded indebtedness herein authorized shall be in addition to any other limitations stated in this Constitution particularly the limitations set out in this paragraph. Prior to exercising the authority herein granted, the governing authority of Ware County shall have contracted with the Board of Regents of the University System of Georgia to convey any property or funds so acquired to the Board of Regents of the University System of Georgia; and the Board of Regents shall have contracted with the governing authority of Ware County to accept any such prop erty or funds for the purpose of constructing and equipping such buildings and facilities and to operate and maintain the same as a unit of the University System of Georgia rather than as a part of the public school system of this State."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Ware County to issue gen-
NO ( ) eral obligation bonds for the purpose of establishing educational facilities beyond the twelfth grade and to levy taxes for the payment of such bonds?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, 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

1554
Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade
Grantham
Griffin
Groover
Gunter
Ham
Harrington

JOURNAL OF THE HOUSE,

Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus 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 Patters on Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

TUESDAY, FEBRUARY 22, 1972

1555

Those not voting were Messrs.:

Barfield Black shear Bostick Chandler Cook Dean, J. E.

Farrar Greer Hamilton Hill, B. L. Hood Larsen, W. W.

Patten Russell, W. B. Vaughn Mr. Speaker

On the adoption of the Resolution, the ayes were 179, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 1323. By Mr. Larsen of the 113th:
A Bill to provide for the creation of a Georgia Scenic Trails System; and for other purposes.

HB 1325. By Messrs. Rainey of the 47th, Grahl of the 40th, Peters of the 2nd and others:
A Bill to amend an Act completely and exhaustively revising, super seding and consolidating the laws of this State relative to the State Game and Fish Commission, so as to provide for a temporary non resident trout stamp; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the House, to-wit:

HB 279. By Mrs. Merritt and Mr. Oxford of the 46th:
A Bill to provide that notwithstanding any law, rule of regulation to the contrary an employee of State Government shall be authorized to run for and hold office in any government of any municipality having a population of 1,000 persons or less; and for other purposes.

1556

JOURNAL OF THE HOUSE,

HB 1214. By Mr. Wamble of the 69th:
A Bill to amend an Act known as the "Georgia Insurance Code", so as to provide for the installment payment of annual premium taxes on monthly basis; and for other purposes.

HB 1324. By Messrs. Rainey of the 47th, Grahl of the 40th, Peters of the 2nd and others:
A Bill to amend an Act completely and exhaustively revising, supersed ing, and consolidating the laws of this State relative to the State Game and Fish Commission, so as to clarify the provisions relative to hunting licenses; and for other purposes.

HB 1368. By Mr. Greer of the 95th:
A Bill to amend an Act known as the "Current Income Tax Payment Act of 1960" so as to change the dates and provide the manner for reporting and paying the amount of tax withheld from employees' wages under certain circumstances; and for other purposes.

HB 1471. By Mr. Hawes of the 95th:
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 dealers shall remit on or before the 20th day of the month 50% of the estimated tax liability when said liability exceeds $2,500.00 to repeal conflicting laws; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 356. By Senators London of the 50th, Reynolds of the 48th, Overby of the 49th, and others:
A Bill to amend an Act governing and regulating the use of the public roads and highways in this State, as amended, so as to provide that motor vehicles hauling live poultry from a farm to a processing plant and motor vehicles hauling feed shall not exceed certain weight limitations; and for other purposes.
SB 476. By Senators Holloway of the 12th, Carter of the 14th, and Holley of the 22nd:
A Bill to amend Code Section 13-204, relating to the requirement that a banking business must be organized under the laws of this State or the United States, as amended, so as to authorize International Bank Agencies to conduct a banking business under certain circum stances; and for other purposes.

TUESDAY, FEBRUARY 22, 1972

1557

SB 477. By Senators Holloway of the 12th, Carter of the 14th, and Holley of the 22nd:
A Bill to authorize, under certain conditions, banking corporations organized and licensed under the laws of Puerto Rico and foreign countries to conduct a banking business; to repeal conflicting laws; and for other purposes.

SB 555. By Senators Holley of the 22nd and Holloway of the 12th:
A Bill to amend Code Section 13-2015, relating to limitations on real estate loans, as amended, so as to provide that any State banking corporation may make certain real estate loans upon real estate held as investment or for the purchase of real estate or for the improve ment thereof; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 548-1247. By Mr. Egan of the 116th:
A Resolution proposing an amendment to the Constitution so as to provide that the General Assembly may exempt from ad valorem taxation property of nonprofit hospitals which is used in connection with the operation of the hospital; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 677. By Messrs. Adams of the 100th, Savage of the 104th, Lane of the 101st, Williams of the llth, Mason and Dean of the 13th:
A Bill to provide that the Director of the Department of Public Safety shall be authorized to permit physically handicapped persons to operate vehicles not otherwise permitted to be operated upon the public roads of this State; and for other purposes.

HB 1123. By Messrs. Mauldin of the 12th, Moore of the 6th, and Phillips of the 50th:
A Bill to amend an Act known as the "Minimum Foundation Program of Education Act", so as to change the provisions relative to the calculations of the amounts to be raised by local units of administra tion in support of the Minimum Foundation Program of Education; and for other purposes.

1558

JOURNAL OF THE HOUSE,

HB 1199. By Mr. Lee of the 61st:
A Bill to amend an Act establishing the Georgia Peace Officers Standards and Training Council, to redefine minimum peace officer preemployment standards relating to convictions of crimes; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 266. By Senators Webb of the llth, Riley of the 1st, Scott of the 17th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxa tion the tangible and intangible property of nursing homes, no portion of the net profit from the operation of which can inure to the benefit of any private person; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 424. By Senators Eldridge of the 7th and Broun of the 46th:
A Bill to amend Code Section 47-210, relating to the salaries and fees of the Secretary of the Senate and the Clerk of the House of Representa tives, as amended, so as to change the method of fixing the compensa tion and allowances of the Secretary of the Senate; and for other purposes.

SB 451. By Senator Dean of the 6th: A Bill to regulate and control the sale and use of liquid filled bedding and component parts of such bedding; to provide for the labeling of liquid filled bedding; to repeal conflicting laws; and for other purposes.
SB 559. By Senator Holley of the 22nd: A Bill to amend Code Title 113, relating to wills, descent, and ad ministration of estates, as amended, so as to relieve certain national banking associations, state bank and trust companies from filing the original vouchers with the annual returns of administrators, executors, guardians and trustees; to repeal conflicting laws; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolution of the Senate, to-wit:

TUESDAY, FEBRUARY 22, 1972

1559

SR 301. By Senators Chapman of the 32nd and Henderson of the 33rd:
A Resolution declaring April 1 as "Legislative Day at Six Flags"; and for other purposes.

By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SB 356. By Senators London of the 50th, Reynolds of the 48th, Overby of the 49th and others:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide that motor vehicles hauling live poultry from a farm to a processing plant and motor vehicles hauling feed shall not exceed certain weight limitations; and for other purposes.
Referred to the Committee on Motor Vehicles.

SB 424. By Senators Eldridge of the 7th and Broun of the 46th:
A Bill to be entitled an Act to amend Code Section 47-210, relating to the salaries and fees of the Secretary of the Senate and the Clerk of the House of Representatives, so as to change the method of fixing the compensation and allowances of the Secretary of the Senate; and for other purposes.
Referred to the Committee on Rules.

SB 451. By Senator Dean of the 6th:
A Bill to be entitled an Act to regulate and control the sale and use of liquid filled bedding and component parts of such bedding; to pro vide for the labeling of liquid filled bedding; and for other purposes.
Referred to the Committee on Industry.

SB 476. By Senators Holloway of the 12th, Carter of the 14th, and Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-204, relating to the requirement that a banking business must be organized under the laws of this State or the United States, so as to authorize Inter national Bank Agencies to conduct a banking business under certain circumstances; and for other purposes.
Referred to the Committee on Banks and Banking.

1560

JOURNAL OF THE HOUSE,

SB 477. By Senators Holloway of the 12th, Carter of the 14th, and Holley of the 22nd:
A Bill to be entitled an Act to authorize, under certain conditions, banking corporations organized and licensed under the laws of Puerto Rico and foreign counties to conduct a banking business in this State; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 555. By Senators Holley of the 22nd and Holloway of the 12th:
A Bill to be entitled an Act to amend Code Section 13-2015, relating to limitations on real estate loans, so as to provide that any State banking corporation may make certain real estate loans upon real estate held as investment or for the purchase of real estate or for the improvement thereof; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 559. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Title 113, relating to wills, descent, and administration of estates, so as to relieve certain national banking associations, state banks and trust companies from filing the original vouchers with the annual returns of administrators, executors, guardians and trustees; and for other purposes.
Referred to the Committee on Judiciary.

SR 266. By Senators Webb of the llth, Riley of the 1st, Scott of the 17th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxation the tangible and intangible property of nursing homes, no portion of the net profit from the operation of which can inure to the benefit of any private person; and for other purposes.
Referred to the Committee on Ways and Means.

Mr. Brantley of the 52nd moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1495. By Messrs. Brantley of the 52nd, Lane and Nessmith of the 44th, Triplett of the 93rd, Gignilliat of the 89th and others:
A Bill to be entitled an Act to amend an Act implementing the require ments of the Federal Intergovernmental Cooperation Act of 1968, so

TUESDAY, FEBRUARY 22, 1972

1561

as to change the provisions relative to the boundaries of Area Planning and Development Commissions; and for other purposes.

The motion prevailed.

Mr. Shanahan of the 8th asked unanimous consent that the following Resolu tion of the House be withdrawn from the General Calendar and recommitted to the Committee on Special Judiciary for further study:
HE 527-1188. By Messrs. Shanahan of the 8th, Floyd of the 75th, Brantley of the 114th, Colwell of the 5th, Hood of the 99th, Dixon of the 65th and others: A Resolution proposing an amendment to the Constitution so as to provide that the property of any unmarried female who is 65 years of age or older and who has an income of $4,000 per year shall be exempt from all ad valorem taxation for school purposes; and for other purposes.
The consent was granted.
The Speaker Pro Tern assumed the Chair.
Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 1675. By Mr. Howell of the 60th: A Bill to be entitled an Act to amend Code Section 34-1104, relating to the form of ballots, so as to provide that the State Election Board may permit the use of more than one ballot in the same election district; and for other purposes.

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:

1562

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 Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Egan.
Evans
Ezzard
Felton
Floyd, J. H.
Floyd, L. R.

Fraser Gary Gaynor Geisinger Gignilliat Grahl Griffin Groover Gunter Ham Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin
McDaniell
McDonald
Melton
Merritt

Miles Milford Morgan Moyer Mulherin Mullinax Nes smith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Salem Scarborough Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thompson
Tofes
Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

TUESDAY, FEBRUARY 22, 1972

1563

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear
Brantley, H. H. Chandler
Collier, J. M. Colwell Cook Dean, J. E. Drury Farrar Granade Grantham

Greer Hamilton Harrington
Hill, B. L. Hill, G.
Hood Jordan Larsen, W. W. Maxwell McCracken Miller Moore Murphy

Patten Phillips, G. S. Pickard
Reaves Russell, W. B.
Savage Shanahan Thomason Townsend Triplett Wamble 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 1664. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend Section 92-3108 of the Code of Georgia defining terms of the Code relating to the taxation of net income, so as to conform their meaning to the meanings in the U. S. Internal Revenue Code of 1954 in force and effect on January 1, 1972; and for other purposes.

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 Bostick Bowen Brantley, H. L. Bray Brown, C.
Brown, S. P. Buck

Burruss Busbee Carr Carter Chance Chappell Cheeks > Clements
Cole Collins, M.

1564
Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. B. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M.

JOURNAL OF THE HOUSE,

Hudson, Ted Hutchinson
Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. 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 Nessmith Noble Northcutt

Nunn Odom Oxford Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Rossi Rush
Russell, A. B. Russell, H. P. Salem Savage Scarborough Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. .Sorrells Stephens Strickland Sweat Thomason Thompson Toles Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Bond Brantley, H. H. Brown, B. D.

Chandler Collier Dean, J. E. Drury Farrar Hamilton

Harrington Hill, B. L. Hill, G. Hood Jordan Larsen, W. W.

Levitas Murphy Patten Pickard Reaves

TUESDAY, FEBRUARY 22, 1972

1565

Russell, W. B. Shanahan Snow Townsend

Triplett Vaughn Wamble Mr. Speaker

On the passage of the Bill, the ayes were 164, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1665. By Mr. Egan of the 116th:
A Bill to be entitled an Act to amend Section 3 of the Current Income Tax Payment Act of 1960, to change the amount of wages subject to withholding; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1333. By Messrs. Adams of the 9th, Marcus of the 105th, Russell of the 77th, Miller of the 83rd, Colwell of the 5th, Larsen of the 113th and others:
A Bill to be entitled an Act to amend an Act making provision for coverage of certain officers and employees of political subdivisions of the State under the old-age and survivors insurance provisions of Title II of the Federal Social Security Act, as amended, so as to provide for the transfer of the balance of the contribution fund to the General Fund; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

1566

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards
Evans
Ezzard
Farrar
Felton

Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harrison Hawes Hays Hill, B. L. Hill, G. Horton, G. T. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino Lowrey Marcus
Mason
Matthews, C.
Mauldin
Maxwell

McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Nessmith Noble Northcutt Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Strickland Sweat Thompson Toles Triplett
Tripp
Turner
Vaughn
Ware

TUESDAY, FEBRUARY 22, 1972

1567

Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Wilson

Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Blackshear Bond Brown, B. D. Collier, J. M. Conger Davis, E. T. Dean, J. E. Drury Egan Ployd, J. H.

Grahl
Hamilton Harris
Hood Larsen, W. W. Le vitas Matthews, D. R. Mullinax Murphy Nunn

Pickard Pinkston Shan ah an Sherman Snow Thomason Town send Wamble Mr. Speaker

On the passage of the Bill, the ayes were 166, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 552-1264. By Mr. Rush of the 51st: A Resolution authorizing and directing the State Highway Department to designate a bridge in Long County as the Ivy Melvin Hendrix, Jr., Bridge; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on Highways moves to amend HR 552-1264 as follows: By striking language from line 23 and 24 which reads as follows:
"and inscribing an appropriate plaque on said bridge for said purpose". And by substituting in lieu thereof the following langauge:

1568

JOURNAL OF THE HOUSE,

"And upon being furnished an appropriate plaque the State Highway Department shall erect same on said bridge".

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 BeU
Bennett, J. T. Bennett, Tom Berry Black Bohannon Bostick Bowen Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey

Daugherty Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris 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 Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus 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 Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts

TUESDAY, FEBRUARY 22, 1972

1569

Rainey Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens

Strickland Sweat Thompson. Toles Townsend Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Blackshear Bond Brantley, H. H. Brown, B. D. Collier Cook Davis, E. T. Dean, J. E.

Drury Egan Hamilton Harrison Hill, G.
Hood Larsen, W. W.

Oxford Reaves Shanahan Smith, J. R. Thomason Ware Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 173, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Mr. Rush of the 51st served notice that at the proper time he would ask the House to reconsider its action in giving the requisite constitutional majority to HR 552-1264, as amended.

HB 1496. By Messrs. Colwell of the 5th, Clements and Hays of the 1st, Peters of the 2nd, Bennett of the 71st, Davis of the 86th, Jones of the 4th and others:
A Bill to be entitled an Act to provide for the redistribution of payments made to the State of Georgia by the Tennessee Valley Authority in lieu of taxes; and for other purposes.

157b

JOURNAL OF THE HOUSE,

The following' Committee amendment was read and withdrawn:

The Committee on Ways and Means moves to amend HB 1496 by deleting subsection (a) of Section 1, and renumbering the remaining sections accordingly.

The following substitute, offered by Mr. Colwell of the 5th, was read and adopted:
A BILL
To be entitled an Act to provide for the redistribution of payments made to the State of Georgia by the Tennessee Valley Authority in lieu of taxes; to provide for the procedures connected therewith; to provide for an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
Section 1. Notwithstanding any other provisions of law to the contrary, payments made by the Tennessee Valley Authority to the State of Georgia and any of its political subdivisions under Section 13 of the Act of Congress creating the Tennessee Valley Authority, as amended, shall be apportioned among the local governments in which property owned by the Tennessee Valley Authority is located on the basis of the percentage of loss of taxes to each, determined as herein after provided. The payments made for each such fiscal year by the Tennessee Valley Authority shall be distributed by the State Revenue Commissioner among counties and municipalities in which the Tennessee Valley Authority had power property (including reservoir land allocated to power purposes), at the end of the preceding fiscal year, in such manner that the sum of such payments plus the total of payments for the same fiscal year by the Tennessee Valley Authority directly to counties of the state shall be apportioned among said counties and municipalities by the same ratio that the book value of the Tennessee Valley Authority's power property in each county and in each munici pality, respectively, bore as of the end of such preceding fiscal year to the total of the book value of the Tennessee Valley Authority's power properties in all counties within the state plus the book value of the Tennessee Valley Authority's power properties located in all munici palities within the state: Provided, however, that this apportionment shall be subject to the qualificiations and such adjustments as may be necessary to meet the conditions set fotrh in the remaining sections of this Act. Provided, further, however, that the amount distributed by the State Revenue Commissioner under the terms of this Act to any county or municipality having independent school districts located there in shall be divided between the county or city general government and the county or city school system based upon the ratio that the tax rate for the previous tax year for each bears to the total rate for both for the previous tax year.
Section 2. Notwithstanding any other provisions of this Act to

TUESDAY, FEBRUARY 22, 1972

1571

the contrary, all payments in lieu of taxes made by the Tennessee Valley Authority directly to any county for any fiscal year shall be retained by such county. Such direct payment shall be deducted from the amount finally apportioned to such county under Section 1 of this Act before distribution of the balance, if any, of such county's payment share for the particular fiscal year from the state.

Section 3. If the initially apportioned payment share of any county for any fiscal year is less than the amount of payment made directly to such county by the Tennessee Valley Authority under the Act of Congress creating it, then the amount due to such county shall be increased to conform to such requirements, and the previously ap portioned shares of all other counties and municipalities shall be reduced pro rata so that the total of such reductions shall equal the total of increases necessary to meet the minimum payment requirements of this
Act.

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, 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 Barfield Battle Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D.

Brown, C. Brown, S. P. Burruss Busbee Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Conger Connell 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

1572
Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick
Lane, W. J.
Larsen, G. K.
Lee, W. J. (Bill)
Lee, W. S.
Leggett
Levitas
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 Nesismith 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 Russell, A, B. Russell, H. P. Salem Savage Scarborough Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Town send Triplett Tripp Turner Vaughn Wamble Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Bell Blackshear Brantley, H. H. Buck Carr Collier Coney, J. L.

Cook Dailey Dean, J. E. Drury Felton Hamilton Hood

Horton Larsen, W. W. Ross Rush Russell, W. B. Shanahan Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 174, nays 0.

TUESDAY, FEBRUARY 22, 1972

1573

The Bill, having received the requisite constitutional majority, was passed* by substitute.

By unanimous consent, HB 1496, by substitute, was ordered immediately transmitted to the Senate.

HR 630-1476. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A Resolution approving certain maps supplementary to those original maps filed in the State Properties Control Commission Office for identi fication purposes, as being referred to in that certain lease of the Western and Atlantic Railroad by the State to the Louisville and Nash ville Railroad Company dated March 4, 1968; and for other purposes.

The report of the Committee, which was favorbale 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 Battle Bell Bennett, Tom Berry 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 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 Edwards Egan Evans Ezzard

Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison
Hawes Hays Hill, B. L. Hill, G. Horton Housley

1574

JOURNAL OF THE HOUSE,

Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb 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 Lewis
Logan
Lowery
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
McCracken

McDaniell Melton Miles Milford Miller Moore Morgan Mulherin Mullinax Murphy Nes smith Noble Northcutt Nunn Odom 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 Shepherd Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thomason Toles Townsend Triplett Turner Vaughn Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Alien Barfield Bennett, J. T. Bowen Brantley, H. H. Buck Collier Dailey Pean, J. E. Drury

Farrar Hamilton Hood Jessup King Larsen, W. W. Le vitas Longino Maxwell McDonald

Merritt Moyer Oxford Russell, A. B. Russell, W. B. Shanahan Smith, V. T. Thompson Tripp Mr. Speaker

On the adoption of the Resolution, the ayes were 165, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, FEBRUARY 22, 1972

1575

HB 1423. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to provide for the reorganization of State Government; and for other purposes.

The following Committee substitute was read.:
A BILL
To be entitled an Act to provide for the reorganization of functions within the Executive Branch of State Government; to define certain terms; to provide for the creation of the Board of Human Resources; to provide for the membership and method of appointment; to provide for the election of a Chairman; to provide for the transfer of certain functions of the Department of Public Health and the Board of Health to the Department of Human Resources; to provide for the transfer of certain functions of the Board of Health to the Board of Human Re sources; to provide for the assignment of the Hospital Advisory Council for Construction and Licensure to the Department of Human Resources for administrative purposes; to provide, with certain exceptions, for the Department of Human Resources to coordinate all programs conducted by State agencies with respect to drug and alcohol abuse; 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. The following terms when used in this Act shall have the following meanigs:
(a) "Plan" means the Executive Reorganization Plan of 1972.
(b) The terms "function", "policy-making", "unit", and "agency" shall mean have the meanings ascribed to them in the Plan.
Section 2. There is hereby created a Board of Human Resources which shall establish the general policy to be followed by the Depart ment of Human Resources created in the "Executive Reorganization Plan of 1972". Said Board of Human Resources shall consist of fifteen members with at least one but not more than two from each Congres sional District in the State, appointed by the Governor and confirmed by the Senate. Seven members of the Board shall be engaged professionaly in rendering health services, and at least five of these seven members shall be licensed to practice medicine pursuant to Ga. Laws 1913, p. 101, as amended (Ga. Code Chapter 84-9). The Governor shall designate the initial terms of the members of the Board as follows: three members shall be appointed for one year; three members shall be appointed for two years; three members shall be appointed for three years; three members shall be appointed for four years; and three members shall be appointed for five years. Thereafter, all succeeding appointments shall be for five year terms from the expiration of the previous term. Vacancies in office shall be filled by appointment of the Governor and the appointment shall be submitted to the Senate for

1576

JOURNAL OF THE HOUSE,

confirmation at the next session of the General Assembly. An appoint
ment to fill a vacancy, other than by expiration of a term of office, shall be for the balance of the unexpired term. There shall be a Chairman of the Board, elected by and from the membership of the Board, who
shall be the presiding officer of the Board. Those members engaged in rendering health services shall comprise no more than seven members of the total membership of the Board. The members of the Board shall
receive per diem and expenses as shall be set and approved by the Office of Planning and Budget conformably to rates and allowances set for members of other State boards.

Section 3. All of the functions of the Department of Public Health and the Board of Health, created in Ga. Laws 1964, p. 499 et seq., as amended (Ga. Code Ann. Sections 88-102 and 103), and of their units, except those functions enumerated in Sections 1206.1 through 1206.8 of
the Plan, are transferred to the Department of Human Resources. Any reference in Georgia Laws to the Department of Public Health and the Board of Health relating to the functions transferred in this Section means the Department of Human Resources.

Section 4. The policy-making functions of the Board of Health are transferred to the Board of Human Resources in Section 5 of this Act.

Section 5. The policy-making functions of the Board of Health,
created in Ga. Laws 1964, p. 499 (Ga. Code Ann. Sec. 88-104) are transferred to the Board of Human Resources. Any reference in Geor
gia Laws to the Board of Health with respect to its policy-making func tions means the Board of Human Resources.

Section 6. The Hospital Advisory Council for Construction and Licensure, created in Ga. Laws 1968, p. 1421 (Ga. Code Ann. Sec. 88-2201), is continued, and the Council is assigned to the Department
of Human Resources for administrative purposes as prescribed in Sec tion 105 of the Plan.

Section 7. All programs conducted by State agencies with respect to drug and alcohol abuse, except the regulations of the sale or dispensa
tion of drugs and related products by the State Board of Pharmacy pursuant to Georgia Laws, and the investigation of criminal conduct pertaining to illegal drugs transferred to the Department of Public Safety in Section 1606 of the Plan, shall be coordinated by the Depart ment of Human Resources.

Section 8. Section 2 of this Act shall be deemed to be Section 1202 of the Plan; Section 3 shall be deemed to be Section 1206 of the Plan; Section 4 shall be deemed to be Section 1206.1 of the Plan; Section 5 shall be deemed to be Section 1213 of the Plan; Section 6 shall be deemed to be Section 1220 of the Plan; Section 7 shall be deemed to be
Section 1222 of the Plan; and said Sections may be cited as so desig nated.

Section 9. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

TUESDAY, FEBRUARY 22, 1972

1577

Section 10. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconsti tutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses or phrases of this Act, which shall re main 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 11. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read:
Mr. Savage of the 104th moves to amend the Committee substitute to HB 1423 by adding on line 11, page 2:
"and one member to hold a Georgia license to practice den tistry.".

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 Alexander, W. M. Barfield Bell Bennett, J. T. Berry Bowen Brantley, H. L. Bray Brown, C. Brown, S. P. Carr Carter Chandler Chappell Cole Collins, M. Collins, S. Coney, G. D. Conger Connell Cook

Davis, E. T. Dean, J. E. Dixon Dorminy Egan Evans Floyd, J. H. Floyd, L. R. Geisinger Grahl Granade Griffin Ham Harrintgon Harrison Hays Howard Hudson, Ted Hutchinson Isenberg Jones, J. R. Jordan

King Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Levitas Lowrey Matthews, D. R. McCracken Milford Moore Moyer Murhpy Nessmith Noble Northcutt Nunn Odom Oxford Patten Pearce Peters

1578
Phillips, L. L. Phillips, W. R. Pinkston Rainey Ross Rush Russell, H. P.

JOURNAL OF THE HOUSE,

Russell, W. B. Salem Savage Shanahan Shepherd Sherman

Smith, V. T. Stephens Toles Whitmire Williams Wood, J. T.

Those voting in the negative were Messrs.

Adams, Marvin Alexander, W. H. Alien Atherton Battle Bennett, Tom Black Bohannon Bond Bostick Brantley, H. H. Brown, B. D. Buck Burruss Busbee Chance Cheeks Clements Collier, J. M. Colwell Coney, J. L. Dailey
Daugherty
Davis, W.
Dean, Gib
Dean, N.
Dent
Edwards
Farrar
Felton
Fraser
Gary

Gaynor Gignilliat Grantham Gunter Hamilton Harris Hawes Hill, B. L. Hill, G. Horton Housley Hudson, C. M. Jessup Johnson Jones, Herb Keyton Knight Knowles Kreeger Lambert Lee, W. S. Leggett
Lewis
Logan
Longino
Marcus
-Mason
Matthews, C.
Mauldin
McDaniell
McDonald
Melton

Miles Miller Morgan Mulherin Mullinax Patter son Phillips, G. S. Pickard Poole Potts Reaves Roach Russell, A. B. Scarborough Sims Smith, H. R. Smith, J. R. Sorrells Strickland Sweat Thomason Townsend
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Wheeler, Bobby
Wilson
Wood, R. E.

Those not voting were Messrs.:

Adams, G. D. Blackshear Drury Ezzard Greer

Groover Hood Howell Larsen, W. W. Maxwell

Merritt Snow Thompson Wheeler, J. A. Mr. Speaker

TUESDAY, FEBRUARY 22, 1972

1579

On the adoption of the amendment, the ayes were 85, nays 95.

The amendment was lost.

An amendment, offered by Mr. Conger of the 68th, was read and withdrawn by unanimous consent.
The following amendment was read:
Messrs. Burruss of the 117th and Bostick of the 63rd moves to amend the Committee substitute to HB 1423 by adding a new and sepa rate paragraph to said Committee Substitute in Section 2 on Page 2 on line 11 between the words
"amended (Ga. Code Chapter 84-9)."
and the words
"The Governor shall"
to read as follows:
There shall be a Medical Nominating Commission to the Board of Human Resources which shall nominated the five board mem bers who are required to be licensed to practice medicine as herein provided. Such Medical Nominating Commission shall consist of ten members, five of whom shall be appointed by the Medical Asso ciation of Georgia and five of whom shall be appointed by the Gov ernor. Of the initial membership of the Medical Nominating Com mission, three of the members appointed by the Medical Association of Georgia and three of the members appointed by the Governor shall serve for terms of two years each, and all other members shall serve for terms of four years each. Thereafter, all members shall serve for terms of four years each and until their successors are appointed and qualified. No member of the Medical Nominating Commission shall be eligible to succeed himself. When a vacancy occurs or a member ceases to posssess the qualifications which en titled him to be appointed as a member of such Commission, the appointing autority shall select his successor for the unexpired term. A majority of the Commission shall constitute a quorum. The Commission shall select one of its members to serve as Chairman. In making its nomination of members of the Board of Human Re sources, the Medical Nominating Commission shall submit to the Governor the names of five (5) persons engaged professionally in rendering health services and licensed to practice medicine pur suant to Georgia Laws 1913, p. 101, as amended (Ga. Code Chapter 84-9). The Governor shall choose from among such five (5) per sons the individual to be appointed as a licensed medical prac titioner to said Board of Human Resources. Nothing contained in this paragraph shall affect the right of the Governor to name and

1580

JOURNAL OF THE HOUSE,

appoint the remaining ten (10) members of said Board of Human Resources or to designate the initial terms of all members of said Board."

and by striking the following sentence in Section 2 on Page 2 on line 19 the follows:

"Vacancies in office shall be filled by appointment of the Gov ernor and the appointment shall be submitted to the Senate for con firmation at the next session of the General Assembly."

and inserting in lieu thereof a new stenence to read as follows:

"Vacancies in office shall be filled by appointment of the Gov ernor in the same manner as the appointment to the position on said Board which becomes vacant and the appointment shall be sub mitted to the Senate for confirmation at the next session of the General Assembly."

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 Alaxander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee

Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards

Egan Evans Ezzard Farrar Felton 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 Housley

TUESDAY, FEBRUARY 22, 1972

1581

Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan King Knig-ht Knowles Kreeger Lambert Lane, Dick Larsen, G. K.
Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell

McDonald Melton Merritt Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves 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 Strickland Sweat Thomason Thompson Toles Tbwnsend Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.:

Floyd, J. H. Keyton

Lane, W. J. Miles

Sherman Phillips, G. S.

Those not voting were Messrs.:

Drury Groover

Hood Larsen, W. W.

Maxwell Mr. Speaker

On the adoption of the amendment, the ayes were 183, nays 6.

The amendment was adopted.

1582

JOURNAL OF THE HOUSE,

The following amendments were read and adopted:

Messrs. Burrus of the 117th and Bostick of the 63rd move to amend the Committee substitute to HB 1423 by adding a new Section to said Committee Substitute between those Sections numbered Section 7 and Section 8 on page 4 as follows:

"Section 8. The five members of the Board of Human Re sources who are licensed to practice medicine pursuant to Ga. Laws 1913, p. 101, as amended (Ga. Code Chapter 84-9) shall pass upon and approve the professional qualifications of all physicians and medical doctors employed by the Department of Human Resources. This Section shall be deemed to be Section 1203.2 of the Plan, and said Section may be cited as so designated."

and by renumbering the present Section 8 and the following Sections in sequence.

Messrs. Burruss of the 117th and Bostick of the 63rd move to amend the Committee substitute to HB 1423 by adding a new Section to said Committee Substitute between those Sections numbered Section 7 and Section 8 on page 4 as follows:

"Section 8. No person now serving as head of any department or agency of State Government which is incorporated into or the functions of which are transferred to the Department of Human Resources shall be eligible for appointment as Commissioner of Human Resources prior to January 1, 1974. This Section shall be deemed to be Section 1203.1 of the Plan, and said Section may be cited as so designated."

and by renumbering the present Section 8 and the following Sections in sequence.

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, Marvin Alexander, W. H.

Alexander, W. M. Alien Atherton

Battle Bell Bennett, Tom

Berry Black Bohannon Bond Bostick Brantley, H. H. Bray Brown, B. D. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Clements Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. F. Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grantham

TUESDAY, FEBRUARY 22, 1972

1583

Greer Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays
Hill, B. L. Hill, G. Horton Housley Howell Hudson, C. M. Hudson, Ted Isenberg Jessup Jones, Herb Jones, J. R. Jordan King Knight Knowles Kreeger Lane, Dick Larsen, G. K. Lee, W. S . Leggett Lewis Logan Longino Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell Melton Merritt

Miller Moore Morgan Moyer Mullinax Noble Odom Oxford Patterson Patten Pearce Phillips, L. L. Phillips, W. R. Pickard Potts Reaves Roach Rush Russell, A. B. Russell, W. B. Salem Scarborough Shanahan Sims Smith, J. R. Snow Sorrells Stephens Strickland Thomason Thompson Town send Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wilson Wood, R. E.

Those voting in the negative were Messrs.

Adams, John Barfield Bennett, J. T. Bo wen Brantley, H. L. Brown, C. Carter Chappell Cheeks Cole Collins, M.

Conger Connell Cook Dean, N. Dent Dixon Dorminy Floyd, J. H. Grahl Granade Griffin

Howard Hutchinson Johnson Keyton Lambert Lane, W. J. Lee, W. J. (Bill) Lowrey McCracken McDonald
Miles

1584
Milford Mulherin Murphy Nessmith Northcutt Nunn Peters Phillips, G. S.

JOURNAL OF THE HOUSE,

Pinkston Poole Rainey Ross Russell, H, P. Savage Sherman

Smith, H. R, Smith, V. T. Sweat Toles Whitmier Williams Wood, J. T.

Those not voting were iMessrs. :

Blackshear Groover Hood Larsen, W. W.

Le vitas Maxwell Shepherd

Ware Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitue, as amended, the ayes were 130, nays 55.
The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.
By unanimous consent, HB 1423, by substitute, as amended, was ordered immediately trainsmitted to the Senate.

The following Resolution of the Senate was read and referred to the Com mittee on Rules:

SR 301. By Senators Chapman of the 32nd and Henderson of the 33rd:
A RESOLUTION
Declaring April 1 as "Legislative Day at Six Flags"; and for other purposes.
WHEREAS, Six Flags Over Georgia has entertained the members of the General Assembly and their families on a special day each year for the past several years; and
WHEREAS, the officers of six Flags Over Georgia have again extended the members of the General Assembly and their families an. invitation to visit Six Flags on April 1 of this year; and
WHEREAS, the park has been expanded, and it now includes many new and exciting amusement devices; and

TUESDAY, FEBRUARY 22, 1972

1585

WHEREAS, Six Flags has proven to be one of the most successful tourist attractions in the State of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that April 1, 1972, is hereby declared to be "Legislative Day at Six Flags".

BE IT FURTHER RESOLVED that the members of this Body do hereby express their sincere appreciation to the officers and employees of Six Flags Over Georgia for their gracious hospitality over the years.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution to the chief executive officer of Six Flags Over Georgia.

The Speaker announced the House recessed until 2:15 o'clock, this afternoon.

AFTERNOON SESSION
The Speaker called the House to order.
Under the general order of business, established by the Committee on Rules, the following Bill and Resolution of the House were taken up for consideration and read the third time:
HB 1129. By Messrs. Collins and Geisinger of the 72nd, Bell and Noble of the 73rd: A Bill to be entitled an Act to amend Code Section 48-709, relating to the eligibility of applicants for licenses to practice dentistry, so as to provide that aliens who have resided within the U. S. for at least 1 year and have filed a notice of intention to become a citizen shall be eligible to stand examination and upon completion and compliance with all other requirements shall be granted a license; and for other purposes.
The following Committee amendments were read and adopted:
The Committee on. Health and Ecology moves to amend HB 1129 as follows:
By striking the word "notice" as it appears in line 6 of page 1 and line 20 of page 2, and substituting in lieu thereof the word "declara tion".

1586

JOURNAL OF THE HOUSE,

The Committee oh Health and Ecology moves to amend HB 1129 as follows:

By adding at the end of line 24 of^page 2 the following:

", including domestic educational requirements,".

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 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 Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger

Connell Cook Dailey Daugherty Davis, E. T. Dean, J. E. Dean, N. Dent Dixon Drury Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Ham Harris Harrison Hawes Horton Housley Howell Hudson, C. M. Hudson, Ted

Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan Keyton 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 Matthews, C. Mauldin McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin

Mullinax Murphy Nessmith Noble Nunn Odom Patterson Patten Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole

TUESDAY, FEBRUARY 22, 1972

1587

Potts Ross Rush Russell, H. P. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R, Smith, J. R. Smith, V. T. Snow

Strickland Sweat Toles Townsend Triplett Tripp Turner Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Howard King

Reaves

Williams

Those not voting were Messrs.:

Bar field Battle Berry Blackshear Buck Carter Collier Davis, W. Dean, Gib Dorminy Farrar Grahl Groover Hamilton

Harrington Hays Hill, B. L. Hill, G. Hood Jessup Knight Le vitas Mason Matthews, D. R. Maxwell Northcutt Oxford Pearce

Pickard Rainey Roach Russell, A. B. Russell, W. B. Savage Sorrells Stephens Thomason Thompson Vaughn Wamble Mr. Speaker

On the passage of the Bill, as amended, the ayes were 150, nays 4.

The Bill, having received the requisite constitutional majority, was passed, 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 HB 1129, as amended, but had he been present would have voted "aye".

1588

JOURNAL OF THE HOUSE,

HR 265-825. By Mr. Rainey of the 47th:
A Resolution authorizing the conveyance of a certain tract or parceil of land located in Montgomery County to the Carres Land Development 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 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 Brantley, H. H. Brantley, H .L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carter Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Dailey Daugherty Davis, E. T.

Davis, W. Dean, Gib Dean, N. Dixon Dorminy Drury Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Gignilliat Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Horton Housley Howard 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 Lewis Logan Longino Lowrey Marcus Matthews, D. R. Mauldin McDaniell McDonald Melton Merritt 'Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt

Nunn Odom Patterson Peters Phillips, G. S, Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Roach Ross Rush Russell, H. P.

TUESDAY, FEBRUARY 22, 1972

1589

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 Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Bennett, J. T. Berry Blackshear Buck Carr Chance Connell Cook Dean, J. E. Dent Farrar Geisinger

Grahl Hamilton Hays Hill, B. L. Hill, G. Hood King Lambert Levitas Mason Matthews, C. Maxwell McCracken

Oxford Patten Pearce Pickard Rainey Reaves Russell, A. B. Russell, W. B. Sherman Sorrells Thompson Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 156, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HR 710-1647. Reported out by Committee Substitute without Recommenda tion.
HB 1479. Do Pass.

1590
HB HB HB

JOURNAL OF THE HOUSE,
1734. Do Pass. 1735. Do Pass, as Amended. 1768. Reported out as Amended without Recommendation.
Respectfully submitted, Levitas of the 77th, 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 Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1216. Do Pass. HB 1689. Do Pass. HR 737-1712, Do Pass.
Respectfully submitted, Busbee of 61st, Chairman.

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 Tuesday, February 22, 1972, by adding the following:
HB 1401. Handicapped Veteran.
SR 206. Congress: Propose Amendment to U. S. Constitution.

Except as herein amended, the provisions of the calendar heretofore sub mitted shall remain of full force and effect.

Respectfully submitted, Busbee of 61st,

Chairman.

TUESDAY, FEBRUARY 22, 1972

1591

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1390. By Mr. Wamble of the 69th:
A Bill to be entitled an Act to amend an Act creating a Small Claims Court in certain counties, so as to change certain population and United States Census figures and brackets; and for other purposes.

The following Senate amendment was read:
The Senate Committee on County and Urban Affairs moves to amend HB 1390 as follows:
on page 2 delete lines 2, 3, 4 and 5;
and on page 2 line 15 delete the figure "$1,000" and substitute in lieu thereof the figure "$500".

The following House amendment to the Senate amendment was read and adopted:
Mr. Wamble of the 69th moves to amend the Senate amendment to HB 1390 by deleting the figure "$500" wherever it appears and sub stituting in lieu thereof the figure "$750".

Mr. Wamble of the 69th 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 1390 was agreed to, as amended by the House.

Mr. Lambert of the 25th asked unanimous consent that the following Bill of the House be placed upon the General Calendar to consider the unfavorable report of the Committee on Industry thereto:

HB 1274. By Messrs, Lambert of the 25th, Buck of the 84th, Brantley of the 52nd, Groover of the 27th, Collins of the 62nd, Coney of the 118th and others:
A Bill to be entitled an Act to provide for the orderly furnishing of

1592

JOURNAL OF THE HOUSE,

retail electric service to the consumers of the State of Georgia on a territorial basis; this Act shall be known as the "Georgia Territorial Electric Service Act"; and for other purposes.

The consent was granted.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1141. By Messrs. Toles, Lowrey and Adams of the 9th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the definition of the term "teacher"; to provide that clerical personnel employed by regional and county libraries may become members of said Retirement System; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H.
Alexander, W. M. Battle Bell Bennett, J. T. Berry Black
Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, C.

Burruss Busbee Carr Chance
Chappell Cheeks Clements Cole Collier Collins, M.
Colwell Coney, J. L. Conger Connell Daugherty Davis, E. T.
Davis, W.

Dean, N. Dent Dixon Dorminy
Drury Edwards Ezzard Floyd, J. H. Floyd, L. R. Fraser
Gary Gaynor Geisinger Gignilliat Granade Grantham
Greer

TUESDAY, FEBRUARY 22, 1972

1593

Griffin Gunter Ham Harris Harrison
Hays Horton Housley Howard
Hudson, C. M. Hudson, Ted
Hutchinson Isenberg Johnson
Jones, J. R. Keyton Knowles Kreeger Lane, Dick
Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Lewis
Logon

Lowrey Marcus Matthews, C. Matthews, D. R. McCracken McDaniell Melton Merritt Miles Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Nunn Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Poole Potts Reaves!

Roach Ross Rush Russell, H. P. Salem Shanahan Sherman Sims Smith, H. R. Smith, V. T. Snow Stephens Strickland
Sweat Thomason Toles Tripp Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Bennett, Tom Bowen Brown, S. P. Colling, S. Coney, G. D. Evans

King Larsen, G. K.
Lee, W. S. Longino Mauldin McDonald

Milford Phillips, W. R.
Pinkston Scarborough

Those not voting were Messrs.:

Alien Atherton Bar field Blackshear Bostick Buck Carter Chandler Cook Dailey Dean, Gib Dean, J. E. Egan Farrar

Felton Grahl Groover Hamilton Harrington Hawes Hill, B. L. Hill, G. Hood Howell
Jessup Jones, Herb Jordan Knight

Lambert Mason Maxwell
Miller Murphy Northcutt Odom Oxford Pickard Rainey Russell, A. B. Russell, W. B. Savage Shepherd

1594
Smith, J. R. Sorrells Thompson

JOURNAL OF THE HOUSE,

Townsend Triplett Turner

Wamble Mr. Speaker

On the passage of the Bill, the ayes were 129, nays 16.

The Bill, having received the requisite constitutional majority, was passed*

Mr. Howell of the 60th stated that he had been called from the floor of the House when the roll was called on HB 1141, but had he been present would have voted "aye".

By unanimous consent, HB 1141 was ordered immediately transmitted to the Senate.

HB 1186. By Messrs. Thomason of the 77th and Nunn of the 41st:
A Bill to be entitled an Act to establish and create a program to provide scholarships to the children of law enforcement officers, firemen and prison guards who are permanently disabled or killed in the line of duty; to provide for the administration of the program of scholarships by the Georgia State Scholarship Commission; and for other purposes.

The following amendment was read and adopted:
Mr. Thomason of the 77th moves to amend HB 1186 by adding at the end of Section 9 a new sentence to read as follows:
"Provided however that the children of law enforcement of ficers, firemen and prison guards who have been permanently disabled or killed since January 1, 1969 shall be eligible for future scholarships."

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, as amended.

On the passage of the Bill, as amended, the ayes were 110, nays 1.

The Bill, having received the requisite constitutional majority, was passed, as amended.

TUESDAY, FEBRUARY 22, 1972

1595

By unanimous consent, HB 1186, as amended, was ordered immediately transmitted to the Senate.

HB 1355. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act creating the Gwinnett Judicial Circuit; to provide for the powers, duties and responsibilities of the District Attorney's investigators; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to repeal an Act entitled "An Act to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission, so as to authorize said Commission to issue certificates of public convenience and necessity to radio common carrier corpora tions, companies, or persons, firms or associations owning, leasing, managing or operating a radio common carrier system as defined in the Act; to provide the procedure therefor; to prescribe penalties for viola tions; to provide an effective date; to repeal conflicting laws; and for other purposes.", approved February 26, 1970 (Ga. Laws 1970, p. 104) ; to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission, so as to authorize said Commission to issue certificates of public convenience and necessity to radio utility corporations, companies, or persons, firms or associations owning, leasing, managing or operating a radio utility system as defined in the Act; to provide the procedure therefor; to prescribe penalties for viola 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 entitled "An Act to enlarge the powers, authority and jurisdiction of the Georgia Public Service Commission, so as to au thorize said Commission to issue certificates of Public Convenience and Necessity to radio common carrier corporations, companies, or persons, firms or associations owning, leasing, managing or operating a radio common carrier system as defined in the Act; to provide the procedure therefor; to prescribe penalties for violations; to provide an effective date; to repeal conflicting laws; and for other purposes.", is hereby repealed in its entirety.
Section 2. This Act shall be known, and may be cited, as the "Georgia Radio Utility Act".
Section 3. The following words, when used in this Act, shall have the following meanings, unless otherwise clearly apparent from the context:

1596

JOURNAL OF THE HOUSE,

(a) "Commission" shall mean the Georgia Public Service Com mission;

(b) "Person" shall include any individual, partnerships, corpora tions, companies, associations, administrators, executors, and trustees and receivers appointed by any court whatsoever;

(c) "Radio Utility" shall mean any person or organization which owns, controls, operates or manages a radio utility system; except that such definition shall not include a telephone utility or telegraph utility regulated by the Commission; and

(d) "Radio Utility System" shall mean any facility within the State providing a radio service on a for-hire basis to members of the public who subscribe to such service, whether or not such facility is interconnected with the public land-line telephone exchange network. As used herein, the words "radio service" shall mean any radio service that may be authorized under the Domestic Public Land Mobile Radio Service or Rural Radio Service Rules of the Federal Communications Commission on frequencies allocated to those services;

(e) "Facility" as used in this subsection shall include all real property, stations, antennae, radios, receivers, transmitters, instruments, appliances, fixtures and other personal property used by a radio utility in providing service to its subscribers.

Section 4. No person shall begin, or continue, the construction or operation of any radio utility system, or any geographical extension thereof, or acquire ownership or control thereof either directly or in directly without first obtaining from the Public Service Commission a certificate that the present or future public convenience and necessity requires or will require such construction, operation, geographical exten sion or acquisition. The Commission is hereby authorized to prescribe appropriate and reasonable rules and regulations governing the is suance of such certificates, and is authorized to prescribe the appropriate form of applications for such certificates.

Section 5. (a) Upon the filing of an application for such certificate, the Commission shall fix the time and place for a hearing thereon and shall cause notice thereof to be given to such parties in interest as the Commission may deem necessary. The Commission shall also cause notice of the application to be published once at least fourteen days prior to the hearing in some newspaper of general circulation in the affected territory.
(b) After such hearing, the Commission may issue to the applicant a certificate of public convenience and necessity in a form to be pre scribed by it or may refuse to issue the same or may issue it for only partial exercise of the privilege sought, or may attach to the exercise of the right granted by the certificate such terms, limitations and condi tions which it deems the public interest may require. The certificate shall include a copy of a service area map clearly showing the territory in which the radio utility system is to be constructed, extended, operated or acquired.

TUESDAY, FEBRUARY 22, 1972

1597

(c) In determining whether a certificate shall be issued, the Com mission shall take into consideration, among other things, the public need for the proposed service or acquisition, the suitability of the ap plicant, the financial responsibility of the applicant, and the ability of the applicant to perform efficiently the service for which authority is
requested.

Section 6. Any person who, at the effective date of this Act, is the holder of a valid Certificate of Public Convenience and Necessity issued by the Georgia Public Service Commission pursuant to the provisions of the Georgia Radio Common Carrier Act (Ga. Laws 1970, p. 104) shall not be required to seek and obtain a Certificate of Public Con venience and Necessity under the provisions of this Act for the con tinuance of the construction or operation of the radio utility system previously certificated. Any such Certificate of Public Convenience
and Necessity issued by the Georgia Public Service Commission pursuant to the provisions of the said Georgia Radio Common Carrier Act shall have the same force and effect and shall be subject to the same terms and conditions as if issued pursuant to the provisions of this Act.

Section 7. No such certificate of public convenience and necessity may be transferred, assigned or encumbered unless such transaction is first approved by the Commission.

Section 8. No radio utility shall combine, merge or consolidate with, or acquire control of, another organization without first obtaining the approval of the Commission, which shall be granted only after hearing and finding that such proposed combination, merger, consolidation or acquisition is in the public interest.

Section 9. For any alleged or apparent violation by a radio utility of any provision of this Act or the orders or rules and regulations of the Commission made under the authority of this Act, the Commission shall, upon the complaint of any person or upon its own motion, issue its rule nisi or order to show cause against the radio utility, reciting the matter involved and fixing the time, date and place on which a hearing will be had. If, after such hearing, the Commission shall determine that the radio utility is in violation as aforesaid, the Commission shall order the radio utility to bring itself into compliance with the provisions of this Act and the orders and the rules and regulations of the Commis sion within ninety (90) days from the date of the said order. If the radio utility shall fail or neglect to comply at or prior to the expiration of the ninety (90) day period, the Commission may, in its sound discre tion, order the revocation, suspension or alteration of the Certificate of Public Convenience and Necessity held by the said radio utility.

Section 10. (a) The Commission shall have the power and jurisdic tion to supervise and regulate every radio utility operating within this State and its property, property rights, equipment, facilities, contracts, certificates and franchises so far as may be necessary to carry out the purposes of this Act, and to do all things, whether herein specifically designated or in addition thereto, which are necessary or convenient in the exercise of such power and jurisdiction. Without limiting the gen erality of the foregoing, the Commission is authorized to adopt and en-

1598

JOURNAL OF THE HOUSE,

force such reasonable rules and regulations and orders as it may deem necessary with respect to rates, charges and classifications, issuance of certificates, territory of operation, abandonment or suspension of service, adequacy of service, prevention or elimination of unjust discrimination between subscribers, financial responsibility, records, reports, safety of operation and equipment, and to otherwise accomplish the purposes of this Act and to implement its provisions.

(b) The Commission may, after affording an opportunity for hear ing, order a radio utility to make any reasonable repair or improvement of or addition to such system.

(c) The Commission may from time to time visit the places of business and other premises and may examine the records and facilities of all radio utilities to ascertain if all rules and regulations and orders of the Commission have been complied with, and shall have the power to examine all officers, agents, and employees of such radio utilities, and all other persons, under oath, and to compel the production of papers and the attendance of witnesses to obtain the information necessary for administering the provisions of this Act.

(d) The Commission shall have the power and authority to in stitute all proceedings and investigations, hear all complaints, issue all process and orders, and render all decisions necessary to enforce the provisions of this Act or of the rules, regulations and orders adopted thereunder, or to otherwise accomplish the purposes of this Act.

(e) The Commission shall have the right to institute, or to inter vene as a party in, any action in any court of competent jurisdiction seeking mandamus, injunctive or other relief to compel compliance with any provision of this Act or of any rule, regulation or order adopted thereunder, or to restrain or otherwise prevent or prohibit any illegal or unauthorized conduct in connection therewith.

Section 11. The Commission shall prescribe just and reasonable rates, charges and classifications for the services rendered by a radio utility to subscribers, and the tariffs therefor shall be in such form and shall be filed and published in such manner and on such notice as the Commission may prescribe, and shall be subject to change on such notice and in such manner as the Commission may prescribe.
Section 12. The Commission shall not grant a certificate for a proposed radio utility operation, or an extension of an existing service area, into an established service area, which will be in competition with, or duplication of the service of, any other radio utility unless the Commission shall first determine that the existing certificated radio utility is both (1) unwilling or unable to meet the reasonable needs of the public, and (2) that the person operating the same is unable to or refuses or neglects after hearing on reasonable notice to provide reason ably adequate service.
Section 13. The provisions of this Act relate only to "radio utili ties" as defined herein and are not applicable to the mobile radio tele-

TUESDAY, FEBRUARY 22, 1972

1599

phone service offered by land line telephone or telegraph utilities regulated by the Commission.
Section 14. Each radio utility holding a certificate from the Com mission may interconnect its facilities with the communication facilities of any other regulated communication company operating in the area in which the radio utility is located, provided an agreement can be reached between the radio utility and the communication company providing- for such interconnection; provided further, that when an agreement cannot be reached between the radio utility and the com munication company, either may petition the Commission for the right of interconnection and such interconnection shall be ordered by the Commission on such reasonable terms as shall be set by the Commission.
Section 15. Any radio utility operating a radio system under au thority of a Certificate of Public Convenience and Necessity issued by the Commission shall, where necessary and upon making due com pensation, have the right to construct, maintain and operate antennae and towers, for the purpose of broadcasting and receiving radio signals, upon any private lands or property; Provided, that the antenna equip ment be so erected, placed and maintained as not to obstruct or inter fere with the ordinary use of such land or property with the convenience and approval of any land or property owner or owners.

Section 16. Within thirty days after the service of an order or decision reflecting any action of the Commission which is ripe for judicial review, any party aggrieved thereby may appeal to a court of competent jurisdiction for the purpose of having the reasonableness or lawfulness of such action inquired into and determined. Such appeal shall be tried according to the rules governing other civil cases to the extent practicable.

Section 17. Any person or the officer, agent or employee of any organization who willfully violates any provision of this Act or of any rule, regulation or order adopted thereunder, or who willfully procures, aids or abets any violation of such a provision, shall be guilty of a misdemeanor; Provided further, that any person who offers radio utility service to the public in this State without a certificate of public convenience and necessity, or after such certificate is cancelled, may be enjoined by the courts of this State from operating within this State, at the suit of the Commission, or at the suit of a radio utility which competes with it, or of any person.

Section 18. If any provision of this Act or the application of such provision to any circumstance is held invalid for any reason whatsoever, the remainder of this Act or the application of the provision to other circumstances, shall not be affected thereby.

Section 19. This Act shall become effective immediately upon its passage and approval by the Governor or its otherwise becoming law.

Section 20. All laws and parts of laws in conflict with this Act are hereby repealed.

1600

JOURNAL OF THE HOUSE,

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows :

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Carr Carter Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N.
Dent
Dixon

Dorminy Dmry Edwards Evans Ezzard Farrar Felton Floyd,J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Gran th am 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. Jordan Keyton King Knight Knowles Kreeger
Lambert
Lane, Dick

Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McCracken McDaniell McDonald Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Pool'e Potts Rainey Reaves Roach Ross.
Rush
Russell, H. P.

Russell, W. B. Scarborough Shanahan Sherman Sims Smith, H. R.
Smith, J. R. Smith, V. T. Snow

TUESDAY, FEBRUARY 22, 1972

1601

Stephens Strickland Sweat Thomason Thompson Toles
Triplett Tripp Turner

Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson Wood, J. T. Wood, R. E.

Voting in the negative was Mr. Leggett.

Those not voting were Messrs.:

Blackshear Bowen Brown, C. Busbee Chance Conger Cook Dean, J. E. Egan Greer

Griffin Groover Hood Isenberg1 Larsen, W. W. Lewis Maxwell Melton Murphy Oxford

Peters Russell, A. B. Salem Savage Shepherd Sorrells Townsend Wamble Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 165, nays 1.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

By unanimous consent, HB 1355, by substitute, was ordered immediately transmitted to the Senate.

HB 1198. By Messrs. Buck of the 84th and Colwell of the 5th:
A Bill to be entitled an Act to amend an Act providing retirement bene fits for the clerks of the superior courts of Georgia, so as to provide that clerks retiring with 20 years' service will receive additional bene fits for each additional year of service; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1602

JOURNAL OF THE HOUSE,

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John
Adams, Marvin Alexander, W. H. Alexander, W. M.
Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bohannon Bond
Bostick Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Carr Carter Chance Chappell Clements Cole Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Evans Ezzard Farrar
Felton

Floyd, J. H. Fraser Gary Gaynor Gignilliat Grahl Grantham Greer Griffin Gunter Ham 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. Lee, W. J. (Bill) Leggett Levitas Lewis
Longino Lowrey Marcus Mason Mauldin Maxwell

McCracken McDaniell McDonald
Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn 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 Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland
Sweat Thomason Thompson Toles Triplett

Tripp Turner Vaughn Ware

TUESDAY, FEBRUARY 22, 1972

1603

Wheeler, Bobby Wheeler, J. A. Whitmire Williams

Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.:

Egan

Lee, W. S.

Those not voting were Messrs.:

Alien Barfield Bennett, J. T. Bo wen Brown, C. Busbee Chandler Cheeks Collier Collins, S. Cook Dean, J. E.

Floyd, L. R. Geisinger Granade Groover Hamilton Harrington Hood Larsen, W. W. Logan Matthews, C. Matthews, D. R. Melton

Murphy Odoni Oxford Phillips, W. R. Pickard Russell, A. B. Savage Sorrells Townsend
Wamble Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 2.

The Bill, having received the requisite constitutional majority, was passed.

HB 1347. By Messrs. Colwell of the 5th, Hudson of the 48th, Bennett of the 71st, Adams of the 9th and Sorrells of the 24th:
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 fees and provisions relative to said fees; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1347 as follows:
By striking Section 4 in its entirety and adding new Sections 4, 5 and 6 to read as follows:
Section 4. Code Title 24, relating to courts, as amended, par-

1604

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ticularly by an Act approved March 20, 1970 (Ga. Laws 1970, p. 497), is hereby amended by striking from Section 24-2727, relating to fees of clerks of the superior courts, as amended, the following:

"Before filing any divorce case or proceeding, in accordance with the provisions of Code Section 24-3406, as amended, a deposit of ___--.___-______--___-__.______-20.00",

and inserting in lieu thereof the following:

"Before filing any civil case or proceeding, in accordance with the provisions of Code Section 24-3406, as the same may now or hereafter be amended, a deposit of .__.___._____.._.__..20.00 provided that such deposit shall not be required if the party desiring to file such case or proceeding is unable by reason of poverty to pay such deposit and such party files with the clerk an affidavit to such effect."

Section 5. Said Code Title is further amended by striking Section 24-3406, relating to cost required in divorce cases, as amended, in its entirety and inserting in lieu thereof a new Code Section 24-3406, to read as follows:

"24-3406. Deposit of cost required in civil cases. The clerks of the superior courts shall not be required to file any civil case or proceeding until the deposit required by Code Section 24-2727, relating to fees of clerks of the superior courts, as amended, has been deposited with said clerk on account of cost, provided that such deposit shall not be required if the party desiring to file such case or proceeding is unable by reason of poverty to pay such deposit and such party files with the clerk an affidavit to such effect. If the case or proceeding be dismissed or if the total cost incurred in said case or proceeding is less than the deposit required by Code Section 24-2727, as amended, any of the sum remaining in the hands of the clerk shall be repaid. The deposit required to be filed by this Section shall not affect any Code Section or Act of the General Assembly which requires a deposit in excess or in addition to the deposit of cost required by this Section."

Section 6. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

On the passage of the Bill, as amended, the ayes were 97, nays 0.

The Chair voted "aye".

TUESDAY, FEBRUARY 22, 1972

1605

On the passage of the Bill, as amended, the ayes were 98, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.
HB 1342. By Messrs. Knight and Mullinax of the 30th and Bray of the 31st: A Bill to be entitled an Act to amend an Act creating the office of District Attorney Emeritus and the District Attorney's Retirement Fund of Georgia, so as to change the residence requirements of District Attorneys Emeritus; and for other purposes.

The report 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 1. The Bill, having received the requisite constitutional majority, was passed.

HR 641-1496. By Mr. Alexander of the 108th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to create a State Court of Claims; to confer upon the Supreme Court and Court of Appeals original jurisdiction to try, review, and correct errors of law from such State Court of Claims; to provide for the submission of this amendment for ratification or re jection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VI, Section II of the Constitution of Georgia is hereby amended by adding at the end thereof a new paragraph to be known as Paragraph X and to read as follows:
"Paragraph X. State Court of Claims; jurisdiction; appeals. The General Assembly is hereby authorized to create and establish a State Court of Claims with jurisdiction to try and dispose of cases involving claims for injury or damage against the State of Georgia, its agencies or political subdivisions, as the General Assembly may provide by law. Notwithstanding any other provision of this Constitution, the General Assembly may provide for exclu sive jurisdiction over such cases in the State Court of Claims,

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provide for trial of such cases without a jury, and prescribe the place and manner in which such cases may be brought and tried. The Supreme Court and the Court of Appeals shall have original jurisdiction to try and correct errors of law from such State Court of Claims according to the method of appeal to said courts now provided for or as may hereafter be provided by law. Nothing contained herein shall constitute a waiver of the immunity of the State from suit, but such sovereign immunity is expressly reserved except to the extent of any waiver of immunity provided in this Constitution and such waiver or qualification of immunity as is now or may hereafter be provided by act of the General Assembly."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to create and establish a State
NO ( ) Court of Claims whereby persons who have suffered injury or damage caused by the State, its agencies or political subdivisions, shall have a means of ob taining relief therefor, and to provide that the Supreme Court and the Court of Appeals of Georgia shall have original jurisdiction to try and correct errors of law from such State Court of Claims?"

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 Judiciary moves to amend HR 641-1496 by adding after the word "Law" on page one, line 19, the language as follows:
"Except the taking of private property for public purposes" and by adding the same language on page two, line 21, after the word "therefore".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

TUESDAY, FEBRUARY 22, 1972

1607

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 Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. 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 Edwards Egan Evans Ezzard Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Gignilliat Grahl Granade Gran th am Greer Griffin 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 Lambert Lane, Dick Lane, W. J. Larsen, G. K.
Lee, W.J. (Bill)
Lee, W. S.

Leggett Le vitas Lewis Logan Longino Lowrey 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 Roach Ross Rush Russell, H. P. Russell, W. B. Salem
Scarborough
Shanahan

1608
Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens

JOURNAL OF THE HOUSE,

Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp

Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Wilson Wood, R. E.

Those voting in the negative were Messrs.:

Pickard Whitmire

Williams

Wood, J. T.

Those not voting were Messrs.:

Alexander, W. M. Battle Carr
Collins, S. Dean, J. E. Farrar Felton

Geisinger Groover Gunter
Hood Jones, Herb Larsen, W. W. Marcus

Murphy Reaves Russell, A. B. Savage Smith, J. T. Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 171, nays 4.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted, as amended.
HR 640-1493. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A RESOLUTION
Accepting the bid of Allright Parking of Georgia, Inc. for the Lease of certain property owned by the State of Georgia adjacent to the right-of-way of the Western and Atlantic Railroad between a point under the Forsyth Street Viaduct and a point north of Foundry Street in the City of Atlanta, Fulton County, Georgia, which certain property is more particularly described in the copy of the proposed lease attached to, incorporated in and by reference made a part of this Resolution; to provide an effective date; and for other purposes.
Whereas, by an Act of the General Assembly of the State of Georgia, entitled "State Properties Control Code", approved February 21, 1964 [Ga. 1964, pp. 146-158 (Chapter 91-1A of The Code of Georgia)], and by the Acts and Resolutions amendatory thereof and supplemental thereto, there was created a commission to be known as the "State Properties Control Commission", (hereinafter sometimes referred to as the "Commission?') which, by the provisions of all of the said Acts and Resolutions, is authorized and empowered to contract

TUESDAY, FEBRUARY 22, 1972

1609

for the leasing, and to lease certain property owned by the State of Georgia adjacent to the right-of-way of the Western and Atlantic Railroad between a point under the Forsyth Street Viaduct and a point north of Foundry Street in the City of Atlanta, Fulton County, Georgia, (hereinafter called "the property") which certain property is more particularly described in the copy of the proposed lease attached to, incorporated in and by reference made a part of this Resolution;
and

WHEREAS, the Commission is further authorized and empowered, except as limited by the provisions of the said Acts and Resolutions, to determine all of the provisions, covenants, terms and conditions upon which the property should be leased and is further authorized .and empowered to agree upon all the provisions, covenants, terms, con ditions and details of a formal lease contract, which upon being prepared by the Commission, and accepted and executed by the prospec tive lessee should be transmitted to either House of the General Assembly if then in regular session and, if not, to the next regular session, for acceptance or rejection by said General Assembly as provided in the State Properties Control Code; and

WHEREAS, the said property and the right of the State of Georgia and the Commission to lease it are subject to certain uses, leases, easements, grants and rights (referred to herein and in the proposed lease as "the encumbrances") which are enumerated in Exhibit "B" attached to and by reference incorporated in the proposed lease; and

WHEREAS, the Commission, in a regularly assembled meeting, has by its resolution agreed to lease the property subject to the encumbrances and upon the provisions, covenants, terms and conditions contained in the proposed lease attached to, incorporated in and by reference made a part of this Resolution; and

WHEREAS, the Commission did therefore, in accordance with Section 91-104A. (b) of the "State Properties Control Code", obtain a plat of survey of the property by a Georgia Registered Land Surveyor and two appraisals of the value of the property by two qualified appraisers, both of whom are members of the American Institute of Real Estate Appraisers; and

WHEREAS, the Commission did determine the proper form of the Advertisement, Invitation For Bids, Instructions To Bidders and complete forms of both the Bid and Lease of the property after Com mission meetings and conferences with, and public hearings attended by, representatives of parties who had indicated an interest in leasing the property; and

WHEREAS, formal advertisement for competitive bids pursuant to the Invitation For Bids was made as required by Section 91-109A.(b) of the "State Properties Control Code"; and

WHEREAS, at the bid opening publicly held on January 20, 1972,

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two bids were received, one from Downtown Development Corp. and the other from Allright Parking of Georgia, Inc.; and

WHEREAS, the bid of Allright Parking of Georgia, Inc., was in the amount of $130,150.00 Base Annual Rental plus an Additional Annual Rental in an amount equal to the product obtained by multiply ing the Base Annual Rental by an escalation factor equal to the product obtained by multiplying one and forty-five one-hundredths percent (1.45%) by the number of years the lease has run since the day of execution of the lease, or December 27, 1994, or December 27, 2019, whichever is most recent, through the end of the preceding lease year (Base Annual Rental x percentage x number of expired years = Additional Annual Rental) ; and
WHEREAS, the bid of Downtown Development Corp. was in the amount of $116,125.00 Base Annual Rental, plus an Additional Annual Rental in an amount equal to the product obtained by multiplying the Base Annual Rental by an escalation factor equal to the product obtained by multiplying one percent (1%) by the number of years the lease has run since the date of execution of the lease, or December 27, 1994, or December 27, 2019, whichever is most recent, through the end of the preceding lease year (Base Annual Rental x percentage x number of expired years = Additional Rental) ; and
WHEREAS, on January 21, 1972, the Commission, after due consideration and discussion at a public meeting, formally determined Allright Parking of Georgia, Inc., to be the highest responsible bidder for the lease of the property; and
WHEREAS, Section 91-109A. subsections (d) and (e) of the "State Properties Control Code" are as follows:
"(d) If the Commission formally determines the highest re sponsible bidder, the Commission shall prepare the instrument of lease in at least four counterparts, which shall be immediately signed by the prospective lessee whose signature shall be witnessed in the manner required for recording. Such signing shall constitute a bid by the prospective lessee and such bid shall not be subject to revocation unless it is rejected by the General Assembly as hereinafter provided for. A resolution containing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Representa tives or the Senate, if then in regular session, or, if not in session at such time, at the next regular session. Such resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a bill in both the House and the Senate. Such resolution shall be considered by the Com mittee of the Whole House and by the Committee of the Whole Senate.

(e) If the aforesaid resolution shall be adopted during such regular session by a majority roll call vote of both the Senate and the House of Representatives, the Chairman of the Commission shall forthwith execute such lease for and on behalf of the

TUESDAY, FEBRUARY 22, 1972

1611

Commission and thereupon both parties shall be bound by such lease. Such execution shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any minutes of the Commission, advertisement, notice, invita tion for bids, legislative resolution, and any other record con cerning such lease"; and

WHEREAS, pursuant to the aforesaid provisions of law, the prospective lessee has signed the proposed lease in the four counterparts required; and

WHEREAS, an exact copy of the proposed lease and copies of the Invitation For Bids, Instructions To Bidders, and complete form of the Bid are attached to, incorporated in and by reference made a part of this Resolution; and

WHEREAS, also attached to, incorporated in and by reference made a part of this Resolution is a certified corporate resolution of Allright Parking of Georgia, Inc.; and

WHEREAS, the General Assembly has carefully considered the bid of Allright Parking of Georgia, Inc., and the proposed lease and has determined that they should be accepted.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section One. The bid of Allright Parking of Georgia, Inc., and the proposed lease are hereby accepted and the Chairman of the State Properties Control Commission, pursuant to the aforesaid provisions of law, is hereby authorized and directed to execute the lease for and on behalf of the State of Georgia and the State Properties Control Commission.

Section Two. The State Treasurer, as Treasurer of the State Properties Control Commission, is directed to retain the $34,000.00 Bid Security submitted by Allright Parking of Georgia, Inc., as required in, and in accordance with, the provisions of the Instructions To Bidders, until Allright Parking of Georgia, Inc., has deposited with the said Treasurer all of the security required by Section Seven: (A) Security Deposit, of the proposed lease or until the State Properties Control Commission determines that Allright Parking of Georgia, Inc., has declared or demonstrated its intention before the term of the proposed lease commences, not to be bound by the proposed lease and the State Properties Control Commission therefore declares the Bid Security forfeited to the State of Georgia as fixed and liquidated damages for such failure and not as a penalty.

Section Three. The Clerk of the House of Representatives is hereby instructed to transmit a copy of the Resolution to the Chairman of the State Properties Control Commission, to the Secretary of State, and to Allright Parking of Georgia, Inc.

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Section Four. This Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.

CERTIFICATION

STATE OF GEORGIA COUNTY OF FULTON
I, D. C. RICHIE, do hereby certify that I am the duly qualified Assistant Secretary of Allright Parking of Georgia, Inc., a corporation organized and existing under the laws of the State of Georgia, and that at a special meeting of the Directors of said Corporation, duly held on the 14th day of January, 1972, whereat was present and acting through out a quorum authorized to transact business, the following resolution was unanimously adopted by these Directors:
BE IT RESOLVED, that the Corporation be and the same is hereby authorized to submit a bid to the State Properties Control Commission in accordance with the State Properties Control Commission's invitation to bid relative to leasing for a period of seventy-three (73) years certain property described as follows:
". . . owned by the State of Georgia adjacent to the right-ofway of the Western and Atlantic Railroad between a point under the Forsyth Street viaduct and a point north of Foundry Street in the City of Atlanta, Fulton County, Georgia."

BE IT FURTHER RESOLVED, that Garland Follis, President, and D. C. Riche, Assistant Secretary of the Corporation, be and they are hereby authorized to complete the bid form, including the fixing of the base annual rental and the additional annual rental provision, in their discretion, and all other provisions of the bid.

BE IT FURTHER RESOLVED, that Garland Follis, President, and D. C. Richie, Assistant Secretary of the Corporation, be and they are hereby authorized and directed to do all things necessary and to execute all documents in connection therewith.

AND I DO FURTHER CERTIFY that the foregoing resolution was validly adopted, appears on the minutes of that meeting, has not been amended or rescinded, is within the powers of the Directors of the Corporation, and is now in full force and effect.

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the Corporation, this the 18th day of January, 1972.

/s/ D. C. Richie

[CORPORATE SEAL]

TUESDAY, FEBRUARY 22, 1972

1613

TO: The Governor As Chairman, State Properties Control Commission State Capitol Atlanta, Georgia 30334

BID

The undersigned, as bidder, hereby declares that each party interested in this Bid as a principal is named herein and that no other party has any interest in this Bid or in the Lease to be entered into; that this Bid is made without connection with any other party making a Bid; and that this Bid is, in all respects, fair and made in good faith and without collusion or fraud.

The undersigned further declares that he has carefully examined and fully understands the attached Invitation For Bids, Instructions To Bidders, the form of Lease, Exhibit "1", and the Act of the General Assembly of the State of Georgia, approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. The undersigned acknowledges that the Lease to be entered into is subject to the approval by Resolution by the General Assembly as is provided by an Act approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. The attached Invitation For Bids, Instructions To Bidders and the form of Lease are hereby incorporated in and by reference made a part of this Bid. Also attached hereto marked Exhibit "1" and incorporated in and by reference made a part of this Bid is the verbatim language of the attached Lease form regarding rentals.

As heretofore stated in the Preparation of Bids in the Instructions To Bidders, each Bid must give the full business address of the bidder and must be made only on this Bid form and Exhibit "1" which is attached to, incorporated in and by reference made a part of this Bid form.
f
As further stated in the Preparation of Bids in the Instructions To Bidders, a bidding party in order to submit a responsive Bid to the Invitation For Bids is instructed to execute both this Bid form at the appropriate provided spaces and to fill in all of the blanks provided for amount of Base Annual Rental and amount of escalation factor in Exhibit "1", which said Exhibit "1" is attached to, incorporated in and by reference made a part of this Bid form.

As still further stated in the Preparation Of Bids in the Instruc tions To Bidders, no additions (except as provided and requested in the Instructions To Bidders and this Bid), deletions, changes, substitu tions or explanations shall be made by any bidder to either this Bid form or the attached Exhibit "1", and if made, the same shall not be considered or accepted by the State Properties Control Commission as responsive to the Invitation For Bids.

The undersigned offers and agrees to contract with the State of Georgia acting through the State Properties Control Commission by entering into a lease identical to the attached form of Lease within ten (10) days from the date of receiving written notice of the State

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Properties Control Commission's acceptance of this Bid as above pro vided and to fully and faithfully comply with all of the duties and obligations of the Lessee contained in such Lease.

Attached hereto is a certified or cashier's check drawn on a bank within the State of Georgia, and made payable to the order of the State Properties Control Commission, in the amount of twenty five (25) per cent of the Base Annual Rental bid. The undersigned agrees that in case of failure on his part to execute such Lease within ten (10) days from the date of receiving written notice of the acceptance of this Bid as above provided, or if after executing the Lease and before the term of said Lease commences, the undersigned declares or demonstrates his intention not to be bound by the Lease, then such check so deposited as aforesaid and the money standing to the credit of the same shall be forfeited to the State of Georgia and paid into the Treasury of the State of Georgia as fixed and liquidated damages for such failure and not as a penalty.

The full name and business address of each party interested in this Bid, as principal, is as follows:

Allright Parking of Georgia, Inc. (Georgia) 100 Luckie St., N.W., Atlanta, Georgia 30303
Signed and sealed this, the 19th day of January, 1972.

/a/ Garland Follis President

Section One: Base Annual Rental. Lessee covenants and agrees to pay throughout the term of this lease to the Treasury of the State of. Georgia, or to such other agent of Lessor as may be designated in writing by Lessor, a base annual rental (hereinafter referred to as the "Base Annual Rental") of One hundred thirty thousand, one hundred fifty Dollars ($130,150.00) in legal tender of the United States of America, subject to the adjustments provided for in Section Two hereof. The Base Annual Rental shall be payable, in advance, in equal monthly installments due on the first day of each calendar month throughout the term hereof. Such Base Annual Rental payments shall be prorated for any month in which this lease is not in effect for the entire month. The Base Annual Rental payment due for the remainder of the month in which the day of execution of this lease falls shall be due and payable on the day of execution.

Section Three: Additional Annual Rental. Lessee shall, in addition to the Base Annual Rental provided for in Section One above, pay each year, as additional annual rental (hereinafter referred to as "Additional Annual Rental") an amount equal to the product obtained
by multiplying the Base Annual Rental (as adjusted pursuant to Section Two above) by an escalation factor equal to the product obtained by multiplying1 ------------------_,,.--... percent (1.45 %) by the
number of years this lease has run since the day of execution of this lease or December 27, 1994, or December 27, 2019, whichever is most

TUESDAY, FEBRUARY 22, 1972

1615

recent, through the end of the preceding lease year (Base Annual rental X percentage x number of expired years = Additional Annual Rental). The Additional Annual Rental, as hereinabove provided for, shall be payable, in advance, in equal monthly installments due on the first day of each calendar month throughout the term hereof. In the event the term hereof commences on a date other than the first day of a calendar month, the monthly payments of the applicable Additional Annual Rental shall be prorated. Such Additional Annual Rental pay ments shall also be prorated for any month in which this lease is not in effect for the entire month.

INSTRUCTIONS TO BIDDERS

These Instructions To Bidders set forth the terms and conditions for Bids for the leasing of certain property owned by the State of Georgia adjacent to the right-of-way of the Western and Atlantic Railroad between a point under the Forsyth Street Viaduct and a point north of Foundry Street in the City of Atlanta, Fulton County, Georgia, more particularly identified hereafter. The attached form of Lease (hereinafter sometimes called the "Lease") is incorporated in, and by reference made a part of these Instructions To Bidders.

The Property To Be Leased

The property to be leased is all of the right, title and interest which the State of Georgia has, subject to all of the encumbrances enumerated in Exhibit "B" attached to the form of Lease, in and to the property more particularly described in Exhibit "A" attached to the form of Lease. The lateral limits of the property to be leased are more particularly described on a plat of survey prepared by State Highway Department of Georgia Division of Surveys & Aerial Mapping and by W. A. Halliday, Georgia Registered Land Surveyor No. 1111, dated September 20, 1971, revised December 17, 1971, and entitled PROPERTY OF STATE OF GEORGIA, a copy of said plat of survey being attached to the form of Lease as Exhibit "C". The vertical limits of the property are determined by reference to each of the encumbrances enumerated in Exhibit "B" attached to the form of Lease, and the use of the property by each holder of an encumbrance so enumerated. Also in cluded in the property to be leased are all buildings, other structures and improvements to which the State of Georgia, on the day of execu tion of the Lease (as defined therein) has a present right of possession and which are totally located within the lateral and vertical limits of the property to be leased.

Form of Lease
No additions, deletions, changes, substitutions or explanations shall be made by any of the bidding parties to the attached form of Lease, and if made, the same shall not be considered or accepted by the State Properties Control Commission.

Preparation of Bids

Each bid must give the full business address of the bidder and

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must be made only on the attached Bid form and Exhibit "1" which said Exhibit "1" is attached to, incorporated in and by reference made a part of the attached Bid form.

In order for a bidding party to submit a responsive bid to the Invitation For Bids, the bidding party is hereby instructed to execute both the Bid form at the appropriate provided spaces and fill in all of the blanks for amount of Base Annual Rental and amount of escalation factor in Exhibit "1", attached thereto.

No additions (except as provided and requested in these Instruc tions To Bidders and the Bid form), deletions, changes, substitutions or explanations shall be made by any bidding party to either the attached Bid or the attached Exhibit "1", and if made, the same shall not be considered or accepted by the State Properties Control Com mission as responsive to the Invitation For Bids.

A bid by an individual shall be signed by the bidder with his usual signature.

A bid by a partnership must furnish the full names of all partners and if signed with the partnership name, must be personally signed by one of the members of the partnership or by an authorized representa tive followed by the signature and designation of the person signing. A bid by a partnership including, but not limited to, joint venture partnerships, shall be considered as the bid of a general partnership and not as the bid of a limited partnership. Each partner shall be fully bound by the bid and the Lease and all of the partners shall be liable both jointly and severally on both the bid and the Lease.

A bid by a corporation must be signed with the legal name of the corporation (followed in parentheses by the name of the state of incorporation), followed by the signature and designation of the Presi dent or other person duly authorized to execute and bind the corporation in its bid. The execution shall be attested to by the Secretary or other person duly authorized to attest to contracts of the corporation. A proper corporate resolution authorizing the bid must be attached to the Bid form. The corporate seal of the corporation must also be affixed to the Bid form.
The name of each person signing shall also be typed or printed below the signature. A bid by a person who affixes to his signature the word "president", "secretary", "agent", "partner" or other designa tion shall constitute the covenant of such person that he is authorized to sign and submit such bid on behalf of his principal. When requested by the State Properties Control Commission, other satisfactory evidence of the authority of any agent signing in behalf of his principal shall be furnished. A bid by a person who affixes to his signature the word "president", "secretary", "agent", "partner" or other designation, without disclosing his principal, may, at the option of the State Properties Control Commission be held to be the bid of the individual signing.

The envelope containing the complete bid (Bid form and Exhibit

TUESDAY, FEBRUARY 22, 1972

1617

"1") must be securely sealed and marked on the upper left-hand corner with the name and address of the bidder; the bid identification as follows: Forsyth Street Viaduct To Foundry Street Property Bid. Not To Be Opened Before 10:00 A.M., E.S.T., January 20, 1972; and addressed as follows:

Ben W. Fortson, Jr., Secretary State Properties Control Commission Room 214, State Capitol Atlanta, Georgia 30334

Bid Security
Each bid must be accompanied by a certified or cashier's check drawn on a bank within the State of Georgia, and made payable to the order of the State Properties Control Commission, in the amount of twenty-five (25) per cent of the Base Annual Rental bid. Such checks shall be returned to all unsuccessful bidders within thirty (30) days after the Lease has been executed by the bidder whose bid has been accepted by the State Properties Control Commission or after all bids have been rejected by the State Properties Control Commission. However, the check of the bidder whose bid has been accepted by the State Properties Control Commission shall be retained by the State Properties Control Commission until he has deposited all of the Security Deposit required by Section Seven of the attached form of Lease.

Liquidated Damages

If the bidder whose bid has been accepted by the State Properties Control Commission fails or refuses to enter into the Lease, pursuant to the requirements of the Instructions To Bidders, within the specified time, or if such bidder, after executing the Lease and before the term of said Lease commences, declares or demonstrates his intention not to be bound by the Lease, then the check deposited as aforesaid and the money standing to the credit of the same shall be forfeited to the State of Georgia as fixed and liquidated damages and not as a penalty, and the State Properties Control Commission shall collect the same for the benefit of the State of Georgia.

Opening of Bids

Sealed bids for the leasing of the above-described property will be received by the State Properties Control Commission in the office of its Secretary, Ben W. Fortson, Jr., Secretary of State, Room 214, State Capitol, Atlanta, Georgia 30334, until 9:55 o'clock A.M., E.S.T., January 20, 1972, to be opened by the Governor as its chairman or by another officer of the State Properties Control Commission at 10:00 o'clock A.M., E.S.T., January 20, 1972, in the State Capitol, Atlanta, Georgia. All such bids will be publicly opened and read aloud for the information of bidders and others properly interested who may be present either in person or by representative.

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Acceptance of Bid of Highest Responsible Bidder by State Properties Control Commission

The State Properties Control Commission shall formally determine the highest responsible bidder whose bid and check shall have been made and filed in conformity with the Invitation For Bids and these Instructions To Bidders, and the bid of the highest responsible formal bidder therefor as determined by the State Properties Control Com mission, shall be accepted unless in the judgment of the State Properties Control Commission it shall be in the best interest of the State of Georgia to reject any or all bids, or to waive any and all informalities in bidding. In either event, the State Properties Control Commission shall proceed accordingly.
For bid purposes ONLY, the highest bid shall be ascertained as follows: The total return in' dollars to the State of Georgia for the period of time between December 27, 1972, and December 27, 1994, to be computed in accordance with Sections One and Three of the form of Lease which is attached to, incorporated in and by reference made a part hereof. The highest such total shall be the highest bid.
The bidder whose bid is accepted by the State Properties Control Commission must enter into the Lease in the form attached hereto within ten (10) days from the date of receiving written notice of the acceptance of his bid by the State Properties Control Commission. The Lease shall be executed by the Lessee with the same requisites, formality, attestation and acknowledgment as is prescribed and re quired by the laws of the State of Georgia for the execution and recording of deeds or instruments conveying an interest in real prop erty.
The signing of the Lease shall constitute a bid by the prospective Lessee and shall be subject to approval by Resolution by the General Assembly as is provided by an Act approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. After execution of the Lease by the prospective Lessee, such bid shall thereafter not be subject to revocation by the prospective Lessee unless the bid is completely rejected by the General Assembly.

Withdrawal of Bid
A bid may be withdrawn only on the written or telegraphic request of the bidder received by Ben W. Fortson, Jr., Secretary, State Properties Control Commission, Room 214, State Capitol, Atlanta, Georgia 30334, prior to the time fixed for the opening of bids. Negligence on the part of the bidder in preparing his bid confers no right for the withdrawal of the bid after it has been publicly opened.

This 15th day of December, 1971.

State Properties Control Commission
/&/ Ben W. Fortson, Jr. Secretary of the State Properties Control Commission and Secretary of State of the State of Georgia

TUESDAY, FEBRUARY 22, 1972

1619

INVITATION FOR BIDS

Sealed bids will be received by the State Properties Control Commission in the office of its Secretary, Ben W. Fortson, Jr., Secretary of State, Room 214, State Capitol, Atlanta, Georgia 30334, until 9:55 o'clock A.M., E.S.T. January 20, 1972, to be opened by the Governor as its Chairman or by another officer of the State Properties Control Commission at 10:00 o'clock A.M., E.S.T., January 20, 1972, in the State Capitol, Atlanta, Georgia, for the leasing of certain property owned by the State of Georgia adjacent to the right-of-way of the Western and Atlantic Railroad between a point under the Forsyth Street Viaduct and a point north of Foundry Street in the City of Atlanta, Fulton County, Georgia, which certain property is more particularly described in the form of Lease (hereinafter sometimes called the "Lease") attached to, incorporated in, and by reference made a part of the Instructions To Bidders, which said Instructions To Bidders set forth the terms and conditions of this Invitation.

Copies of said Instructions To Bidders, including the complete form of both the Bid and the Lease, may be obtained on written request from the Secretary of the State Properties Control Commission, Ben W. Fortson, Jr., Secretary of State, Room 214, State Capitol, Atlanta, Georgia 30334.

Bids are invited from responsible parties for the leasing of the said property in accordance with the said Instructions To Bidders and with all the provisions, covenants, terms and conditions contained in the form of Lease attached to, incorporated in, and by reference made a part of the Instructions To Bidders and subject to all applicable provisions of law, particularly an Act of the General Assembly of the State of Georgia, approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended.

The State Properties Control Commission reserves the right to reject any or all bids and to waive any and all informalities in bidding.

This 15th day of December, 1971.
State Properties Control Commission
/s/ Ben W. Fortson, Jr., Secretary of the State Properties Control Commission and Secretary of State of the State of Georgia
FORM OF LEASE OF CERTAIN PROPERTIES OWNED BY THE STATE OF GEORGIA ADJACENT TO THE RIGHT OF WAY OF THE WESTERN AND ATLANTIC RAILROAD BETWEEN A POINT UNDER THE FORSYTH STREET VIADUCT AND A POINT NORTH OF FOUNDRY STREET IN THE CITY OF AT LANTA, FULTON COUNTY, GEORGIA.

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TABLE OP CONTENTS

Description Of Property Leased ---_--------_--...--------...---- 3

Encumbrances Of Property Leased --_----------------------Exhibit "B"

Term Of Lease _______________----_______________ 4

Section One: Base Annual Rental __--------------_.___ _ _ 4

Section Two: (A) Adjustment Of Base Annual

Rental Due To Reappraisals ______ _-__--____----------___

5

(B) Reduction Of Base Annual Rental Due To Release

Of Property For The Construction Of A Public Street Or

Throughfare Or The Relocation Of The Right Of Way

Of The Western And Atlantic Railroad _____------.___ 6

(C) Reduction Of Base Annual Rental Due To

Release Of Property For Rapid Transit Right Of Way___. 8

Section Three: Additional Annual Rental ____-________________10

Section Four: Rental And Other Sums Payable To Lessor.----_. 10

Section Five: Late Charge _________._----------_......----...--11

Section Six: Default In Rental Payment ...--_----_.__--------___--ll

Section Seven: (A) Security Deposit------------------------------11

(B) Inadequacy of Deposit --------------------___12

Section Eight: Interchanging of Security Deposit __----____12

Section Nine: Interest On Security Deposit

(Other Than Cash) _....__........--...------.------___________12

Section Ten: Return Of Security Deposit __._______________________12

Section Eleven: Encroachments, Adverse Uses And Occupancies

Other Than Lawful Rights Previously Granted ----._......._13

Section Twelve: Payment Of Taxes And Assessments ----.----14

Section Thirteen: Contest Of Taxes And Assessments ________________ 14

Section Fourteen: Evidence Of Payment Of Taxes And

Assessments --.-- .-- .. . .. .._..,,.--------___.------____--15

Section Fifteen: Payment Of Utilities By Lessee _____________15

Section Sixteen: Payments For Lessee By Lessor _________15

Section Seventeen: Interest On Unpaid Amounts _...__......_15

Section Eighteen: Compliance With Laws, Ordinances, Etc.--.16

Section Nineteen: Acceptance Of Premises By Lessee_____.----.16

Section Twenty: Merger Of Improvements By Lessee _____16

Section Twenty-One: Protection Of Adjacent Property During

Construction And Contractor's Insurance _______________________.17

Section Twenty-Two: Policy Limits Applicable For Year 1972 .__18

Section Twenty-Three: Approval Of Plans And Specifications

By Lessor .__ _____

____,,._..____------______

.------..19

Section Twenty-Four: Substantially Complete Defined ___19

Section Twenty-Five Construction According To Approved

Plans And Specifications _------___--------------------__.19

Section Twenty-Six: Payment Of Bills For Construction ___________ 20

Section Twenty-Seven: All Liens And Rights Are Subordinate

To Lessors __________ .... ________________________________________________ 21

Section Twenty-Eight: Completion Of Construction

By Lessor .. ..____ .... ______________________________________------.----.21

Section Twenty-Nine: Title To The Improvements ___._,,.__.22

Section Thirty: Abandonment Of Premises By Lessee.--____22

Section Thirty-One: Termination Of Subleases ____________22

Section Thirty-Two: Maintenance Of Premises _____________23

Section Thirty-Three: Work Required By Government Regulation ___________________________________--.23

TUESDAY, FEBRUARY 22, 1972

1621

Section Thirty-Four: Indemnification Of Lessor By Lessee__..24 Section Thirty-Five: Addition, Subtraction, Renovation,
Demolition Or Construction Anew Of The Improvements-- 24 Section Thirty-Six: Return Of Premises _________._______.24 Section Thirty-Seven: Casualty And Hazard Insurance
On Buildings ..._..__-_____._-._.-.-_.-...____________.____________.25 Section Thirty-Eight: Loss Payable _______________._...__.25 Section Thirty-Nine: No Invalidation Of Insurance
By Lessee ....____________________.....____________26 Section Forty: Repair Of Damaged Improvements __.__--___26 Section Forty-One: Damages For Failure To Comply With
Repair Obligation _____________________________27 Section Forty-Two: Workman's Compensation Insurance ____-28 Section Forty-Three: Use Of Proceeds Of Insurance ______-28 Section Forty-Four: Termination Prior To Completion
Of Repair ____________________________________________..29 Section Forty-Five: Public Liability Insurance.___._--__--_ 29 Section Forty-Six: Delivery Of Insurance Policies _______.29 Section Forty-Seven: Evidence Of Payment Of Premiums.----30 Section Forty-Eight: Mortgaging Of The Leasehold _____......30 Section Forty-Nine: Notification To Lessor Of Mortgage ___._.30 Section Fifty: Mortgagee's Right To Cure Default ________31 Section Fifty-One: Subrogation Of Mortgagee ___________.__--32 Section Fifty-Two: Default--Termination Of This Lease___..32 Section Fifty-Three: Extinguishment Of Lessee's Rights
Upon Termination _____________________________.____..._..33 Section Fifty-Four: Prepaid Items Assigned _...__....._.._.__.35 Section Fifty-Five: Assignment Of Lease With Lessor's
Consent ____________________ .__________._.._......._..____.............._.........35 Section Fifty-Six: Appointment of a Receiver--General
Assignment For The Benefit Of Creditors--Insolvency --Bankruptcy--Other Statutory Acts For Relief Of Debtors _____________________________________ 36 Section Fifty-Seven: Inspection Of Premises By Lessor _______36 Section Fifty-Eight: Premises Subject To Zoning ________36 Section Fifty-Nine: Addresses For Notices ..__.._______________37 Section Sixty: Submission Of Matters For Approval ._____.____37 Section Sixty-One: Holding Over By __________________..38 Section Sixty-Two: No Waiver Of Rights By Lessor ....______38 Section Sixty-Three: Rights Are Cumulative __________________38 Section Sixty-Four: Provisions Are Binding On Assigns And Are Covenants Real ____________________________39 Section Sixty-Five: Lease Is Georgia Contract ____...._._.._.__.39 Section Sixty-Six: Terminate And Termination Defined _____39 Section Sixty-Seven: Premises Defined _.___----________39 Section Sixty-Eight: Destruction Or Damage To Existing Buildings, etc. Prior To Delivery Of Possession _...______40 Section Sixty-Nine: All Genders And Numbers Included____.40 Section Seventy: Invalidity Of Provision Or Part Thereof_______40
Section Seventy-One: State Properties Control Commission Acts For Lessor .._....._.._.___.__,,___________________________...41
Section Seventy-Two: Time Is Of Essence ________________________.41
Section Seventy-Three: Entire Agreement Contained Herein_41
Section Seventy-Four: Section Captions Are To Be Disregarded .--...._______________________________42

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STATE OF GEORGIA, COUNTY OF FULTON:

DUPLICATE ORIGINAL
WHEREAS, by an Act of the General Assembly of the State of Georgia, entitled "State Properties Control Code," approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), and by the Acts and Resolutions amendatory thereof and supplemental thereto, there was created a commission to be known as the "State Properties Control Commission," (hereinafter referred to as the "Commission") which, by the provisions of all of the said Acts and Resolutions, is authorized and empowered to contract for the leasing, and to lease certain property owned by the State of Georgia adjacent to the right of way of the Western and Atlantic Railroad between a point under the Forsyth Street Viaduct and a point north of Foundry Street in the City of Atlanta, Fulton County, Georgia, which property is more particularly described in Exhibit "A", which Exhibit "A" is attached hereto and by reference incorporated herein; and

WHEREAS, the Commission is further authorized and empowered, except as limited by the provisions of the said Acts and Resolutions, to determine all of the provisions, covenants, terms and conditions upon which the property should be leased and is further authorized and empowered to agree upon all the provisions, covenants, terms, condi tions and details of a formal lease contract, which upon being prepared by the Commission, and accepted and executed by the prospective lessee should be transmitted to each House of the General Assembly if then in regular session and, if not, to the next regular session, for ac ceptance or rejection of said lease by said General Assembly as provided in the State Properties Control Code; and
WHEREAS, the property and the right of the State of Georgia and the Commission to lease it are subject to certain uses leases, easements, grants and rights (hereinafter referred to as "the encumbrances") enumerated in Exhibit "B" attached hereto and by reference incor porated herein as though fully set forth; and
WHEREAS, the Commission in a regularly assembled meeting, has by resolution agreed to lease the property subject to all of the encum brances enumerated in Exhibit "B" attached hereto and upon the pro visions, covenants, terms and conditions hereinafter set forth, which resolution, together with all the provisions, covenants, terms, conditions and details of this lease, shall be transmitted to the General Assembly by the Commission, as provided in Section 91-109A of said State Prop erties Control Code; and
WHEREAS, it is further provided in said Acts and Resolutions that when such a lease shall ha,ve been so prepared by the Commission, accepted and executed by a prospective lessee, and approved by the General Assembly, the same shall be executed by the Chairman of the Commission for and on behalf of the Commission and the State of Georgia;

TUESDAY, FEBRUARY 22, 1972

1623

NOW, THEREFORE, THIS INDENTURE OF LEASE, entered into by and between the State of Georgia, Party of the First Part (hereinafter referred to as "Lessor"), acting through the State Prop erties Control Commission, and Allright Parking of Georgia, Inc.________
Party (Parties) of the Section Part [If More Than One (1) Lessee, Lessees to be Bound and Liable Both Jointly and Severally] (hereinafter referred to as "Lessee") whose business address is 100 Luckie Street, N. W., Atlanta, Georgia 30303

WITNESSETH:
The Lessor [under and by authority of the said Act of the General Assembly of the State of Georgia approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), and by the Acts and Resolutions amendatory thereof and supplemental thereto, and in pursuance thereof, and by the said resolution of the Commission] for and in consideration of the premises and of the rents, provisions, covenants, terms and conditions hereinafter set forth does hereby let, lease and demise, subject to all of the encumbrances enumerated in Exhibit "B" attached hereto and by reference incorporated herein as though fully set forth, unto Lessee and Lessee does hereby take, lease and hire from Lessor, subject to all of the encumbrances enumerated in Exhibit "B" attached hereto and by reference incorporated herein as though fully set forth, all the right, title and interest which the Lessor has in and to the property more particularly described in Exhibit "A" attached hereto, which said Exhibit "A" is by reference incorporated herein as though fully set forth.
The lateral limits of the property herein leased are more particu larly described on a plat of survey prepared by State Highway Depart ment of Georgia Division of Surveys & Aerial Mapping and made by W. A. Halliday, Georgia Registered Land Surveyor No. 1111, dated September 20, 1971, revised December 17, 1971, and entitled PROPERTY OF STATE OF GEORGIA, a copy of said plat of survey being attached hereto, marked Exhibit "C" and by reference specifically incorporated into and made a part of this description. The vertical limits of the property are determined by reference to each of the encumbrances enumerated in Exhibit "B", and the use of the property by each holder of an encumbrance so enumerated. Also, included in this lease are all buildings, other structures and improvements to which Lessor has a present right of possession and which are totally located within the lateral and vertical limits of the property herein leased on the day of execution of this lease.
TO HAVE AND TO HOLD the property more particularly de scribed in Exhibit "A" attached hereto for a term commencing at the time and date of execution of this lease by the Chairman of the Com mission (hereinafter referred to as the "day of execution of this lease") and expiring at 12:00 o'clock midnight on December 27, 2044, unless this lease shall be sooner terminated as hereinafter provided.
This leasing and hiring is made upon the foregoing, and upon the

1624

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following agreements, covenants, conditions and terms, all of which the parties respectively agree to keep, abide by and perform during the term hereof:

Section One: Base Annual Rental. Lessee covenants and agrees to pay throughout the term of this lease to the Treasury of the State of Georgia, or to such other agent of Lessor as may be designated in writing by Lessor, a base annual rental (hereinafter referred to as the "Base Annual Rental") of One Hundred Thirty Thousand One Hundred Fifty and 00/100 Dollars ($130,150.00) in legal tender of the United State of America, subject to the adjustments provided for in Section Two hereof. The Base Annual Rental shall be payable, in advance, in equal monthly installments due on the first day of each calendar month throughout the term hereof. Such Base Annual Rental payments shall
be prorated for any month in which this lease is not in effect for the en tire month. The Base Annual Rental payment due for the remainder of the month in which the day of execution of this lease falls shall be due and payable on the day of execution.

Section Two: (A) Adjustment Of Base Annual Rental Due To Reappraisals. The Base Annual Rental set forth in Section One above shall be adjusted on December 27, 1994 and on December 27, 2019 on the basis of the reappraised fair market rental value of the property described on pages 3 and 4 of this lease (hereinafter call the "PROP ERTY") ; provided, however, that the Base Annual Rental shall never be less than the amount specified in Section One above except as pro vided below in sub-sections (B) and (C) of this Section Two. The ad justed Base Annual Rental to commence on the aforementioned dates shall be determined by computing the average of three (3) appraisals of the then fair market rental value of the PROPERTY. The Lessor and the Lessee shall each appoint one (1) appraiser and the two (2) appraisers so appointed shall mutually appoint a third (3rd) appraiser, all of who shall be members of a nationally recognized appraisal agency or institution. The Lessor and the Lessee shall each pay the cost of their appraiser and one-half (%) of the cost of the third appraiser.1 The said appraisers shall be directed to determine the fair market rental value of the PROPERTY but expressly excluding any personal property. The said appraisals shall be made no earlier than nine (9) months nor later than six (6) months, prior to the dates the adjusted Base Annual Rental shall commence. In the event the beneficial holder (s) of this leasehold interest is (are) the beneficial holder (s) of the leasehold interests of the air rights leases over the PROPERTY, the value as signed to the PROPERTY shall be no less than the difference between the fair market rental value of the unencumbered PROPERTY less the portion of the value of the unencumbered PROPERTY assigned to the air rights leasehold interests.

(B) Reduction Of Base Annual Rental Due To Release Of Property For The Construction Of A Public Street Or Thoroughfare Or The Re location Of The Right Of Way Of The Western And Atlantic Railroad. Lessee expressly covenants and agrees that should Lessor desire during the first five (5) years of the term of this lease to authorize the con struction of a public street or thoroughfare or the relocation of the right of way of the Western and Atlantic Railroad (from its location as of the day of execution of this lease) on all or any part of that portion

TUESDAY, FEBRUARY 22, 1972

1625

of the property described in Exhibit "A" attached hereto lying east of a line more particularly described in Exhibit "E" attached hereto and by reference incorporated herein, said line being designated as "Street Or Railroad Relocation Line" on the plat of survey attached hereto as Exhibit "C", Lessee, upon sixty (60) days written notice from Lessor of Lessor's desire and of a description of the property upon which the said public street or thoroughfare is to be constructed or upon which the said railroad right of way is to be relocated, shall execute and deliver to Lessor an instrument releasing, demising, conveying, and transferring to Lessor all of Lessee's right title and interests in and to the property described in Lessor's written notice. Lessee's duty to execute and deliver the said instrument is conditioned upon the follow ing:

(1) the providing by Lessor or, at the request of Lessor, by other persons or entities, to Lessee of a way of ingress and egress,
at least twenty (20) feet in width and in the vicinity of either the Magnolia Street Viaduct or the Techwood Drive Viaduct, at Lessor's option, from the easternmost boundary of the portion of the prop erty described in Exhibit "A" attached hereto remaining after the construction of the public street or thoroughfare or the relocation of the said railroad right of way, to a public street, way or thorough
fare; and

(2) the reduction, at the time of delivery of the said instru ment, of the Base Annual Rental by an amount equal to the sum of the products obtained in (a), (b), (c) and (d) below:

(a) multiply the number of square feet released to Lessor in Tracts numbered 1, 2 and 3 as shown on the plat of survey attached hereto as Exhibit "C" by $0.233; and

(b) multiply the number of square feet released to Lessor in Tracts numbered 4 and 5 shown on the plat of survey attached hereto as Exhibit "C" by $0.202; and

(c) multiply the number of square feet released to Lessor in Tracts numbered 6 and 7 shown on the plat of survey attached hereto as Exhibit "C" by $0.155; and

(d) multiply the number of square feet released to Lessor in the Tract numbered 8 shown on the plat of survey attached hereto as Exhibit "C" by $0.180.

If the said public street or thoroughfare is not constructed, or if the said railroad right of way is not relocated, within five (5) years from the date of delivery to Lessor of the said instrument, the use of the property described in the said instrument shall revert to the Lessee, subject to all of the agreements, covenants, conditions and terms of this lease, as though the same had never been released, demised, con veyed and transferred to Lessor and the Base Annual Rental shall re turn to the amount that it was on the day of delivery to Lessor of the said instrument.

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(C) Reduction Of Base Annual Rental Due To Release Of Property For Rapid Transit Right Of Way. Lessee expressly covenants and agrees that should Lessor desire during the first five (5) years of the term of this lease to convey or grant for the purpose of a rapid transit system, a surface right of way and a sub-surface right of way through or across the tracts of land more particularly described in Exhibit "F", attached hereto and by reference incorporated herein, as Tracts (A), (B) and (C), said tracts being designated as "Rapid Transit R/W" on the plat of survey attached hereto as Exhibit "C" and being a part of the property described in Exhibit "A" attached hereto, Lessee shall, upon sixty (60) days written notice from Lessor of Lessor's desire, execute and deliver to Lessor an instrument releasing, demising, conveying and transferring to Lessor: (1) all of Lessee's right, title and interests in and to the said described Tracts (A) and (B) ; and (2) a sub-surface easement only to the said described Tract (C). Lessee's duty to execute and deliver the said instrument is conditioned upon the following:

(1) the providing by Lessor or, at the request of Lessor, by. other persons or entities, to Lessee of a way of ingress and egress from the southern boundary line of the property described in Ex hibit "A" attached hereto to a public street, way or thoroughfare; and

(2) the reduction, at the time of delivery of the said instru ment, of the Base Annual Rental by an amount equal to the sum of the products obtained in (a), (b) and (c) below:

(a) multiply the number of square feet on the surface released to Lessor which lie in Tracts numbered 2 and 3 as shown on the plat of survey attached hereto as Exhibit "C" by $0.233; and

(b) multiply the number of square feet on the surface released to Lessor which lie in the Tract numbered 4 as shown on the plat of survey attached hereto as Exhibit "C" by $0.202; and

(c) multiply the number of square feet for the sub-surface easement released to Lessor which lie in the Tract numbered 4 as shown on the plat of survey attached hereto as Exhibit "C" by $0.050.
If construction of the said rapid transit system upon all or any of the above-described Tracts (A), (B) and (C) has not commenced within five (5) years from the date of the delivery to Lessor of the said instrument, the use of any of the above-described Tracts (A), (B) and (C) upon which construction has not commenced shall re vert to the Lessee, subject to all of the agreements, covenants, conditions and terms of this lease as though the same had never been rleased, demised, conveyed and transferred to Lessor and the Base Annual Rental shall be increased by the amount of which it was reduced on the day of delivery to Lessor of the said instrument for the Tract or Tracts the use of which reverts to Lessee. Lessee further agrees to provide, without a reduction in Base Annual Rental, the RAPID TRANSIT TEMPORARY CONSTRUCTION

TUESDAY, FEBRUARY 22, 1972

1627

EASEMENTS as shown on the plat of survey attached to this lease as Exhibit "C" during the period of the construction of the rapid transit system on the said Tracts (A), (B) and (C).

Section Three: Additional Annual Rental. Lessee shall, in addi tion to the Base Annual Rental provided for in Section One above, pay each year, as additional annual rental (hereinafter referred to as "Additional Annual Rental") an amount equal to the product obtained by multiplying the Base Annual Rental (as adjusted pursuant to Section Two above) by an escalation factor equal to the product obtained by multiplying one and 45/100 percent (1.45%) by the number of years this lease has run since the day of execution of this lease, or December 27, 1994, or December 27, 2019, whichever is most recent, through the end of the preceding lease year (Base Annual Rental x percentage x number of expired years = Additional Annual Rental). The Additional Annual Rental, as hereinabove provided for, shall be payable, in advance, in equal monthly install ments due on the first day of each calendar month throughout the term hereof. In the event the term hereof commences on a date other than the first day of a calendar month, the monthly payments of the applicable Additional Annual Rental shall be prorated. Such Additional Annual Rental payments shall also be prorated for any month in which this lease is not in effect for the entire month.

Section Four: Rental And Other Sums Payable To Lessor. Payment of all rental (both Base Annual Rental and Additional Annual Rental) and other sums due to Lessor under this lease shall be made payable to the "State of Georgia" and delivered to the Treasurer of the State of Georgia or to such other agent of Lessor as may be designated in writing by Lessor.

Section Five: Late Charge. In the event the Lessee shall fail or refuse to pay any monthly installment of Base Annual Rental or Additional Annual Rental within five (5) days after the same shall be due, the Lessee shall pay a late charge equal to three per cent (3%) of the amount due, but not paid.

Section Six: Default In Rental Payment. In the event Lessee, after written notice from Lessor, shall fail or refuse to pay to Lessor any monthly installment of rental (either Base Annual Rental or Additional Annual Rental) provided for in this lease within fifteen (15) days after the date of the written notice from Lessor, the Lessor may declare a default, and, at its option, im mediately elect to follow one of the options provided in Section Fifty-Two of this lease.

Section Seven: (A) Security Deposit. Lessee further agrees to deposit with, prior to the day of execution of this lease, and to thereafter maintain with the Treasurer of the State of Georgia or such other agent of Lessor as may be designated in writing by Lessor, as security for the faithful performance of the undertakings, duties and obligations of Lessee under this lease including, but not limited to, the payment of rentals and all other sums owed Lessor by Lessee:

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(1) a surety bond issued by a responsible insurance company legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, in an amount equal to the then current Base Annual Rental as determined in Sections One and Two of this lease; or,

(2) recognized valid bonds of the United States Government, the State of Georgia or any of the bond issuing authorities or agencies of the State of Georgia having a then aggregate par value equal to the then current Base Annual Rental as determined in Sections One and Two of this lease; or

(3) such other security as may be acceptable to the Commission having a value equal to the then current Base Annual Rental as determined in Sections One and Two of this lease.

No interest shall be paid by Lessor on said Security Deposit. In the event of a default hereunder, the said Security Deposit shall be retained by Lessor and may be applied toward the damages arising from any such default, provided, however that the said Security Deposit shall not be construed as constituting liquidated damages.

(B) Inadequacy Of Deposit. If at any time after the day of execu tion of this lease the Lessor shall determine that the security so deposited and maintained is inadequate, Lessee shall, within thirty (30) days following written notice by the Lessor of such inadequacy, make good said deficiency by the deposit of other or additional bonds or such other security as the Commission may reasonably require.

Section Eight: Interchanging Of Security Deposit. Lessee, in good faith and after the initial deposit, shall have the privilege of changing and interchanging such deposited security from time to time upon the express written approval of Lessor.

Section Nine: Interest On Security Deposit (Other Than Cash). Lessee, having fully complied with Section Seven above, shall have the right to any and all interest that may accumulate on any security other than cash so deposited.

Section Ten: Return Of Security Deposit. If upon the termination of this lease, Lessee shall have well and truly performed the under takings, duties and obligations of Lessee under this lease including, but not limited to, the payment of rentals and all other sums owed Lessor by Lessee, any security on deposit with the Lessor pursuant to Section Seven above shall be returned to the Lessee.

Section Eleven: Encroachments, Adverse Uses And Occupancies Other Than Lawful Rights Previously Granted. The right is hereby ex pressly reserved to the Lessor to remove and cause to be discontinued any or all encroachments and other adverse uses and occupancies (other than the rights, privileges and interests in, to, and upon the Premises, or any part thereof in parties other than Lessor by virtue of the en-

TUESDAY, FEBRUARY 22, 1972

1629

cumbrances enumerated in Exhibit "B" attached hereto) existing on the day of execution of this lease. To this end, Lessee hereby consents that Lessor may withhold delivery of possession to Lessee of those portions of the Premises subject to such encroachments and other ad verse uses and occupancies until the same shall have been removed or discontinued. Lessor shall undertake to remove and cause the discon tinuance of such encroachments, adverse uses and occupancies, acting therein in its own name and behalf as the owner of the Premises; how ever, Lessee will, if and when so requested by Lessor, join with Lessor and become a party to any proceeding, judicial or otherwise, instituted for the purpose of freeing the Premises from said encroachments, ad verse uses and occupancies. If, due solely to any such encroachments, adverse uses and occupancies, Lessor cannot deliver possession of the said Premises or any portion thereof to Lessee on the day of execution of this lease, this lease shall not be void or voidable by the Lessee nor shall Lessor be liable to Lessee for any loss or damage resulting there from nor shall the duties and obligations of the Lessee be affected, modified or changed thereby. It is understood and agreed that when such encroachments, adverse uses and occupancies shall have been re moved by judicial proceedings or otherwise, the use of those portions of the Premises previously subject to such encroachments and other ad verse uses and occupancies for the remaining period of this lease shall inure to the benefit of Lessee to the same extent as the other portions of the Premises herein leased shall inure to it under the provisions, covenants, terms and conditions of this lease.

Section Twelve: Payment Of Taxes And Assessments. It is hereby determined and declared by the Lessor and Lessee that nothing contained in this lease is intended to exempt from ad valorem taxes or subject to ad valorem taxes the interest or estate of Lessee created by this lease; however, Lessee shall bear and pay to the public officer charged with the collection thereof, before the same shall become delinquent, and shall indemnify, save and hold harmless the Lessor from the pay ment of, any and all taxes, assessments, license fees, excises, imposts, fees and charges of every sort, nature and kind, which during the full term of this lease are or might be levied, assessed, charged or imposed upon or against the Premises and any and all improvements which are constructed and located thereon during the term of this lease.

Section Thirteen: Contest Of Taxes And Assessments. If the imposition of any tax, assessment, license fee, excise, impost, fee or charge shall be deemed by Lessee to be improper, illegal or excessive, Lessee may, at its sole cost and expense and in its own name, dispute and contest the same and, in such case, such item need not be paid until adjudged to be valid; however, Lessee shall first notify Lessor of such contest and shall furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of such item so contested. Unless so contested by Lessee, all such taxes, assessments, license fees, excises, imposts, fees and charges shall be paid by Lessee within the time pro vided by law, and if contested, any such tax, assessment, license fee, excise, impost, fee or charge shall be paid before the issuance of an execution on a final judgment.

Section Fourteen: Evidence Of Payment Of Taxes And Assess ments. After all payments are made by the Lessee pursuant to and in

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conformity with Section Thirteen above, Lessee shall at once furnish to Lessor duplicate receipts or other satisfactory evidence of such payment.

Section Fifteen: Payment Of Utilities By Lessee. Lessee is to be responsible for and shall pay for all utility, water, sanitation, gas, heat, light, power, steam and telephone services and for all other services supplied to the Premises.

Section Sixteen: Payments For Lessee By Lessor. If Lessee fails to procure insurance, as hereinafter provided, or fails to pay any taxes, assessments, license fees, excises, imposts, fees, charges, or premiums of insurance, or fails in the payment of any and all amounts herein provided to be paid by Lessee (other than Base Annual Rental or Additional Annual Rental), Lessor may, at Lessor's option, after ten (10) days prior written notice to Lessee, declare a default and im mediately elect to follow one of the options provided in Section FiftyTwo of this lease or, without declaring a default and on behalf of Lessee, procure any such insurance, and make any such payment or payments as may be necessary. Any amounts so paid or expended by Lessor shall be reimbursed and paid to Lessor by Lessee on demand.

Section Seventeen: Interest On Unpaid Amounts. Any amounts which are payable under this lease by Lessee to Lessor, including any rentals after a default is declared by Lessor, and which are not paid when due shall bear interest at the rate of eight (8) percent per annum. If it becomes necessary for Lessor to bring suit for collection of any amounts herein stipulated to be paid, Lessee agrees to pay any and all such expenses and costs as Lessor may incur, including reasonable at torney's fees.
Section Eighteen: Compliance With Laws, Ordinances, Etc. At all times, Lessee shall conform to, obey and comply with all present and future laws and ordinances, and all lawful requirements, rules, and regulations of all legally constituted authorities, existing at the com mencement of the term of this lease or at any time during the continu ance of this lease, which in any way affect the Premises or the use of the Premises, or any repair, replacement, demolition, renovation, construction, restoration or excavation being done on or to the Premises, or in any way affecting this lease. The right to contest the validity thereof in good faith, at its sole cost and expense and in its own name, is hereby reserved to the Lessee provided Lessee shall first give Lessor notice of such contest.
Section Nineteen: Acceptance Of Premises By Lessee. Lessee ac cepts the Premises as defined in Section Sixty-Seven of this lease as suited for the use intended by Lessee. Lessor shall not be required, dur ing the term of this lease, to make any repairs or alteration to the Premises or in any manner to supply maintenance for the Premises or any buildings, other structures or improvements located thereon or therein.
Section Twenty: Merger Of Improvements By Lessee. Any build ings, other structures or improvements (hereinafter referred to as

TUESDAY, FEBRUARY 22, 1972

1631

"the Improvements") constructed on the Premises may be totally merged with buildings, other structures or improvements on or within adjacent property owned and leased by Lessor provided that Lessee is, at that time, the sole and only lessee or assignee of a lessee under a lease of the adjacent property from Lessor for a term ending on the same date (December 27, 2044) as this lease. It is expressly agreed by Lessee that if the Improvements are so totally merged with such buildings, other structures or improvements on or within adjacent property owned and leased by Lessor, a default of this lease shall constitute a default of the lease of the adjacent property owned by Lessor and a default of the lease of the adjacent property owned by Lessor shall constitute a default in this lease. It is further expressly agreed by Lessee that if the Improvements are so totally merged with such buildings or struc tures on or within adjacent property owned by Lessor and Lessee shall later sell, assign or transfer to any other person, firm or corporation the lease held by Lessee of the adjacent property owned by Lessor, Lessee shall cause to be included as a condition precedent in the docu ment or legal instrument effectuating the sale, assignment or transfer the agreement of the person, firm or corporation purchasing the lease of the adjacent property that a default in this lease shall constitute a default of the lease of the adjacent property.

Section Twenty-One: Protection Of Adjacent Property During Con struction And Contractor's Insurance. While any construction (which term as used in this lease shall also include any alteration, renovation, demolition, reconstruction, repair, restoration or replacement) is being done on the Premises, Lessee shall protect all adjacent property and in connection with such protection, Lessee agrees that in any contracts it shall make with any contractor or contractors who may perform work on or about the Premises, it will require such contractor or contractors to obtain and keep in force at the contractor's expense at all times during the performance of such work, a policy of Contractor's Public Liability and Property Damage Liability Insurance covering the opera tions performed by the Contractor, such policy to have limits of not less than $500,000 for all damage arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total of $1,000,000 for all damages arising out of bodily injuries to or death of two or more persons in any one accident, and limits of not less than $500,000 for all damages arising out of damage to or destruction of property in any one accident, with an aggregate limit of $1,000,000 for all damages arising out of damage to or destruction of property during the policy period. If any portion of such work is to be performed by other than a prime contractor or contractors, similar insurance having similar limits shall be provided by or on behalf of each subcon tractor to cover the operations of each.

Section Twenty-Two: Policy Limits Applicable For Year 1972. The policy limits provided for in Section Twenty-One above shall be applicable during the year 1972. If at the time work is done by any con tractor the value of the dollar has declined appreciably below its pur chasing power as of January, 1972, the limits of all insurance called for in Section Twenty-One above shall be increased in approximate proportion to the decline in dollar value.
Section Twenty-Three: Approval Of Plans And Specifications By

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Lessor. Lessee, prior to commencing any construction on the Premises shall deliver to Lessor, for Lessor's approval, final architect's drawings, specifications and cost estimates of the construction. After Lessor's approval has been obtained but prior to Lessee's commencing such con struction Lessee shall either:

(1) deliver to Lessor a bond having a good and solvent corpor ate surety acceptable to Lessor, guaranteeing to Lessor the sub stantial completion of the proposed work in accordance with the drawings, specifications and cost estimates approved by Lessor, and the due payment for all labor and materials incorporated in such, work and all fees and other expenses incurred in connection therewith; or

(2) deliver other assurances satisfactory and acceptable to Lessor for completion of such work and the due payment of the full cost thereof.

Section Twenty-Four: Substantially Complete Defined. Substanti ally complete as used in this lease shall be construed to mean such condi tion as is sufficient, suitable and ready for occupancy and for the use intended.

Section Twenty-Five: Construction According To Approved Plans And Specifications. Lessee shall complete any construction on the Premises with appurtenant water, sewer, gas and electric wire connec tions, substantially in accordance with the plans and specifications sosubmitted to and approved in writing by Lessor. The plans and specifica tion for any construction shall include plans and specifications for adequate ventilating, lighting, and drainage systems for the Premises.. The said plans and specifications, including all of the said systems, shall permit railroad operations on the adjacent Western and Atlantic Rail road right of way in a safe, convenient, expeditious, economical and healthful manner. The right of approval by Lessor shall include, but not be limited to, the right to approve the strength, durability and method of construction as well as the location and design of the Im provements or any part or parts thereof so that the use of adjacent property by other tenants or lessees -of Lessor shall not be obstructed, in terfered with or endangered. If after the construction of said structures, Lessor shall reasonably determine that the ventilating, lighting or drainage systems shall not be sufficient, or that notwithstanding the construction of such ventilation or drainage systems, smoke, gas and/or water are concentrated or permitted to escape in such a manner or in such quantities as to injure or damage adjoining property, or the property of the State of Georgia, or in such manner as to render Lessor liable in damages to any persons or corporations on account thereof, or to prohibit the use of the Western and Atlantic Railroad by its lessee in a safe, convenient, expeditious, economical and healthful
manner, Lessee will promptly provide and construct totally at its own expense any additional ventilating or drainage devices which Lessor may reasonably conclude to be necessary for such purposes, notwith standing the approval of Lessor of the original plans for such ventilating
or drainage devices, such changes to be specified by Lessor in writing.

TUESDAY, FEBRUARY 22, 1972

1633

Section Twenty-Six: Payment Of Bills For Construction. Lessee covenants and agrees to pay, currently as they become due and payable, all bills for labor, materials, insurance, and bonds, and for all archi tects', engineers', contractors' and subcontractors' fees, and for all other expenses and costs incident to any construction on the Premises; provided, however, that Lessee may, in good faith, at its sole cost and expense and in its own name, dispute and contest the same, and in such case, any such item need not be paid until adjudged to be valid if Lessee shall first notify Lessor of such contest and shall furnish to Lessor, if requested in writing by Lessor, reasonable security for the payment of any such item so contested. Unless so contested by Lessee, all such items shall be paid by Lessee within the time provided by law, and if con tested, any such item shall be paid before the issuance of an execution on the final judgment.

Section Twenty-Seven: All Liens And Rights Are Subordinate To Lessor. Lessee's rights, as well as the rights of anyone else, including but not limited to, any mortgagee, architect, engineer, contractor, sub contractor, mechanic, laborer, materialman or other lien or claim holder, shall always be and remain subordinate, inferior, and junior to Lessor's title, interest and reversionary estate in the Premises.

Section Twenty-Eight: Completion Of Construction By Lessor. Lessee agrees and covenants that in the event of the abandonment or non-completion of any construction undertaken by it upon the Premises, or in the event of Lessee's failure to complete and finish the same in accordance with all the requirements of this lease, then the Lessor shall have the option, but without any obligation so to do and without prejudice to any other rights in consequence of a default, to complete or finish the construction undertaken by the Lessee at the expense and cost of the Lessee and, as nearly as practicable and proper, according to the plans, specifications and cost estimates previously approved by Lessor. Lessee shall, at the time of submission of the said plans, specifications and cost estimates to Lessor for approval, present to Lessor written permission in form and content acceptable to Lessor, of the architect who created the plans and specifications for use by Lessor of the plans and specifications, without charge to Lessor for such use, in the event Lessor elects to complete or finish the construction undertaken by Lessee or any part or parts thereof.

Section Twenty-Nine: Title to the Improvements. The Improve ments shall upon completion become a part of the Premises and the legal title to the same shall vest in the Lessor at the termination of this lease.

Section Thirty: Abandonment Of Premises By Lessee. If Lessee vacates or abandons the Premises at any time during the term of this lease, Lessor, without notice to Lessee, may declare a default, and at its option, immediately elect to follow one of the options provided in Section Fifty-Two of this lease. If Lessee abandons, vacates or sur renders the Premises, or is dispossessed by process of law, or otherwise,. any personal property or trade fixtures belonging to Lessee and left on the Premises shall be deemed to be abandoned, at the option of the. Lessor.

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Section Thirty-One: Termination Of Subleases. The voluntary, in
voluntary, or other termination of this lease, or a mutual cancellation thereof, shall, at the option of Lessor, terminate any and all existing subleases or subtenancies, or may, at the option of Lessor, operate as an assignment to Lessor of any or all such subleases or subtenancies. Lessor agrees that, at the request of Lessee, it will consider the ap proval of such subleases or subtenancies as may be submitted by Lessee and if Lessor, in its sole discretion, approves in writing a sublease or subtenancy, then that sublease or subtenancy shall not terminate upon the voluntary, involuntary, or other termination of this lease or a mutual cancellation thereof, but shall continue for a term of years equal to the then unexpired term of years of the sublease or subtenancy on the same terms, covenants, and conditions as those contained in said sublease or subtenancy except as to those terms, covenants and condi tions as may be rejected or added by the Lessor in Lessor's written
approval of such sublease or subtenancy.

Section Thirty Two: Maintenance Of Premises. Lessee shall, at all times during the term of this lease, totally at Lessee's own expense, keep and maintain the Premises, and appurtenances and every part thereof, and any and all buildings, other structures or improvements that may exist on, in, or be made a part of the Premises, in good and sanitary order, condition and repair.
Section Thirty-Three: Work Required By Government Regulation. In the event that, at any time during the term of this lease, any altera tion, demolition, renovation, repair or replacement of any building, other structure or improvement on the Premises or any other work of any nature whatsoever shall be required or ordered, or becomes neces sary on account of any law, ordinance or governmental regulation now in effect or hereafter adopted, the Lessee shall be solely liable for the entire cost and expense thereof, regardless of when the same shall be incurred or become due, and, in no event, shall the Lessor be required to contribute thereto or do or pay for any work performed, materials furnished, or obligations incurred by Lessee.

Section Thirty-Four: Indemnification Of Lessor By Lessee. Lessee, as a material part of the consideration to be rendered to Lessor, agrees
to be responsible for, to indemnify Lessor against, and to save and hold
Lessor harmless from, any and all liability damages, claims or demands for any injury or death of any person or damage to any property if such injury, death or damage to property arises from or in any manner
grows out of, any act or neglect on or about the Premises by Lessee or Lessee's partners, agents, employees, invitees, contractors and sub-con
tractors, or their partners, agents or employees, or which arise from or in any manner grow out of, any defect in any undertaking hereunder by Lessee or any failure of Lessee to comply with the provisions, cove nants, terms and conditions of this lease.

Section Thirty-Five: Addition, Substraction, Renovation, Demoli
tion Or Construction Anew Of The Improvements. If the Lessee is not in default in the performance of any of the provisions, convenants, terms and conditions of this lease, Lessee shall have the right to add to, sub
tract from, renovate, demolish, or construct anew the Improvements with new improvements of at least the same fair market value.

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1635

Section Thirty-Six: Return Of Premises. Lessee agrees, at the termination of this lease, to surrender unto Lessor, all and singular the Premises with the then existing buildings, other structures and im provements constructed and located thereon and therein, in the same condition as when such buildings, other structures, and improvements were constructed, only natural wear and tear excepted, unless Lessee shall be relieved of Lessee's obligation to repair, reconstruct, restore or replace damaged or destroyed buildings, other structures or improve ments pursuant to Section Forty of this lease.

Section Thirty-Seven: Casualty And Hazard Insurance On Build ings. At all times during the term of this lease including the period of any construction on the Premises, Lessee shall have all buildings, other structures and improvements insured against any loss or damage caused by fire, lightning, windstorm, hurricane, tornado, cyclone, hail, explosion, riot, civil commotion, aircraft, smoke, land vehicles, boiler explosion, or any other type or kind of catastrophe which can be insured against, with responsible insurance companies, legally licensed and authorized to transact business in the State of Georgia and main taining an office or agency in the City of Atlanta, Georgia, said insur ance to be in the amount of the full insurable replacement value [One Hundred (100) percent] of said buildings, other structures and improve ments. Each insurance policy shall contain a clause expressly waiving any right of the insurer of subrogation against Lessor. The said policies shall further provide that the same shall not be invalidated or cancell able until after a thirty (30) day written notice has been given to Lessor.

Section Thirty-Eight: Loss Payable Clauses. The contracts of in surance required by Section Thirty-Seven above shall contain standard loss payable clauses to Lessor and Lessee as their respective interests may appear. The contracts of insurance may be endorsed to name in the standard loss payable clause any mortgagee of Lessee's interest in the Premises as the said mortgagee's interest may appear, provided that:

(1) the said mortgagee complies with the terms and conditions contained in Section Forty-Nine of this lease; and

(2) the mortgagee gives in writing to Lessor assurance that the proceeds of all insurance shall be utilized in the repair, recon struction, restoration, or replacement of such buildings, other structures or improvements, and for no other purposes whatsoever.

Section Thirty-Nine: No Invalidation Of Insurance By Lessee. Lessee agrees and covenants that it will not do or permit to be done in, to, or about the Premises, any act or thing which will invalidate any insurance pertaining to any buildings, other structures or improvements now located thereon or therein or hereafter constructed and located thereon or therein; and, further, Lessee will not permit any buildings, other structures or improvements at any time to be put, kept or main tained on the Premises in such condition that the same cannot be in sured in the amount of the fully insurable replacement value [One Hundred (100) percent].

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Section Forty: Repair Of Damaged Improvements. Should, duringthe term of this lease, any buildings, other structures or improvements constructed and located by Lessee on or within the Premises be damaged or destroyed by fire or any other casualty whatsoever, Lessee, except as provided hereinbelow in this Section Forty, shall promptly commence the work of repair, reconstruction, restoration, or replacement, and shall prosecute the same with all reasonable dispatch, so that within two (2) years from the date of such damage or destruction or by the end of the lease term, whichever is earlier, such buildings, other struc tures or improvements shall have been repaired, reconstructed or re stored to their same fair market value as before the damage or destruc tion or replaced by new buildings, other structures or improvements of at least the same fair market value as the damaged or destroyed buildings, other structures or improvements had before the damage or destruction. Lessor and Lessee specifically agree that damage to or destruction of any buildings, other structures or improvements on or within the Premises, at any time, by fire or any other casualty whatso ever shall not work a termination of this lease or authorize the Lessee or those claiming by, through or under it, to quit or surrender possession of the Premises or any part thereof, and shall not release the Lessee in any way from its liability to pay the Lessor the rent hereinbefore pro vided for, or from any of the provisions, covenants, terms, and conditions of this lease. However, if any buildings, other structures or improve ments constructed and located by Lessee on or within the Premises shall be damaged or destroyed within the last ten (10) years of the term of this lease, Lessee shall be relieved of any obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures or improvements upon payment by Lessee to Lessor, in a single total payment, of: (1) the full insurable replacement value [One Hundred (100) per cent] of said damaged or destroyed buildings, other structures or improvements; and (2) the total rental for the re mainder of the unexpired term of this lease. Such a release of Lessee from Lessee's obligation to repair, reconstruct, restore, or replace the said damaged or destroyed buildings, other structures or improvements shall be conditioned, in addition to the payment by Lessee (totally at Lessee's own expense and without cost to Lessor) of the Premises of any debris or remains of the said damaged or destroyed buildings, other structures or improvements and upon delivery by Lessee to Lessor of an instrument releasing, demising, conveying and transferring to Lessor all of Lessee's right, title and interests in and to the Premises.
Section Forty-One: Damages For Failure To Comply With Repair Obligation. If the said repair, reconstruction, restoration, or replace ment of damaged or destroyed buildings, other structures or improve ments is not substantially completed within two (2) years from the date of such damage or destruction (if such completion date is prior to the end of the term of this lease and if Lessee is under an affirmative re quirement of Section Forty of this lease to commence the repair, recon struction, restoration, or replacement), Lessee hereby agrees to pay to Lessor as fixed and liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) per day until the said repair, recon struction, restoration or replacement is substantially complete or until the end of the term of this lease, whichever is earlier.
Section Forty-Two: Workman's Compensation Insurance. At all times during any construction on the premises, Lessee agrees, at its own

TUESDAY, FEBRUARY 22, 1972

1637

cost and expense, to obtain and maintain workman's compensation in surance in an amount necessary to protect Lessor and Lessee from all liabilities, damages, claims or demands arising out of any accident or occurrence causing injury to any person.

Section Forty-Three: Use of Proceeds of Insurance. The proceeds of all insurance obtained in accordance with Section Thirty-Seven of this lease shall not be used, except with the written consent of Lessor, for any purpose other than the repair, reconstruction, restoration, or replacement of buildings, other structures or improvements located on or within the Premises, unless Lessee shall be relieved of Lessee's obliga tion to so repair, reconstruct, restore, or replace such damaged or de stroyed buildings, other structures or improvements pursuant to Section Forty of this lease. However, all sums necessary to effect such repair, reconstruction, restoration, or replacement, over and above the amount available from said insurance moneys, such be at the sole cost and ex pense of the Lessee.

Section Forty-Four: Termination Prior to Completion Of Repair. In the event of the termination of this lease before the expenditure of the full amount of such insurance fund in the repair, reconstruction, restoration, or replacement of such damaged or destroyed buildings, other structures or impovements, any unexpended balance remaining therein, including any interest previously earned by such balance, shall inure to and become the sole property of the Lessor.

Section Forty-Five: Public Liability Insurance. Lessee agrees, at its own cost and expense, to obtain and maintain public liability insur ance at all times during the term of this lease with responsible insurance companies, legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, with such limits as may be determined by Lessor to be reasonable but with not less than single limits for each event of One Million Dollars ($1,000,000.00) for injuries to or the death of, persons and damages to property. The said public liability insurance shall insure Lessor and Lessee against any liability, damage, claim or demand in any way arising out of or in connection with the condition or use of the Premises.

Section Forty-Six: Delivery Of Insurance Policies. Insurance poli cies, and all endorsements thereto, including all insurance required to be carried by Lessee in accordance with this lease, or, at the option of Lessee, certificates showing that such insurance is in force and noncancellable without at least thirty (30) days prior written notice to Lessor, shall be delivered to Lessor.

Section Forty-Seven: Evidence Of Payment Of Premiums. Lessee shall at once furnish to Lessor duplicate receipts or satisfactory evi dence of the payment of all premiums on any and all insurance required to be carried by Lessee in accordance with this lease.

Section Forty-Eight: Mortgaging Of The Leasehold. Whenever the Lessee is not in arrears in the payment of rent, nor in default in the performance or observance of any of the provisions, covenants, terms

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and conditions of this lease, Lessee shall have the right to encumber by deed to secure debt, mortgage, deed or trust, or other instrument in the nature thereof as security for any debt, the proceeds of which are to be used to directly increase the value of the Premises, all of Lessee's rights and interests in the Premises including, but without limiting the generality of the foregoing, Lessee's rights and interest in and to all buildings, other structures, improvements, and fixtures now or hereafter placed on the Premises by the Lessee. In all respects, however, the said deed to secure debt, mortgage, deed or trust, or other instrument in the nature thereof as security for any debt, shall be subordinate, inferior and junior to Lessor's rights, title, privileges, liens and interests. Lessee shall not have the right to in any way burden or encumber Lessor's title and reversionary interest in and to the Premises.

Section Forty-Nine: Notification To Lessor Of Mortgage. Subject to the limitation that Lessor shall never be required to provide duplicate copies of notices or suits to more than five (5) such grantees, mort gagees or trustees at any ope time, Lessor covenants that if, at any time after the execution and recording in the Office of the Clerk of the Su perior Court of Fulton County, Georgia, of any such deed to secure debt, mortgage, deed or trust, or other instrument in the nature there of encumbering Lessee's rights and interests in the Premises hereunder, the grantee, mortgagee, or trustees therein shall notify the Lessor in writing that any such deed to secure debt, mortgage, deed of trust or other instrument in the nature thereof has been given and executed by the Lessee and shall at the same time furnish the Lessor with the ad dress to which it desires copies of all notices to be mailed, Lessor hereby agrees that it will mail to such person at the address so given, duplicate copies of any and all suits filed by Lessor against Lessee and duplicate copies of any and all written notices which the Lessor may, from time to time, give or serve upon the Lessee under the provisions, covenants, terms and conditions of this Lease.

Section Fifty: Mortgagee's Right To Cure Default. To the extent that Lessee may grant the right to any such grantee, mortgagee, or trustee, such grantee, mortgagee or trustee may, at its option, at any time before Lessor elects one of the options in Section Fifty-Two of this lease, pay any amount or do any act or thing required of the Lessee by the terms of this lease. All payments so made and all acts or things so done and performed by any such grantee, mortgagee, or trustee, shall be as effective to prevent a forfeiture of the rights and interests of the Lessee hereunder as the same would have been if done and per formed by the Lessee instead of any such grantee, mortgagee, or trustee.

Section Fifty-One: Subrogation Of Mortgagee. Any deed to secure

debt, mortgage, deed of trust, or instrument in the nature thereof given

by the Lessee may, if the Lessee so desires, be so conditioned as to pro

vide that as between any such grantee, mortgagee, or trustee and Lessee,



said grantee, mortgagee or trustee, on making good any such default or

defaults on the part of the Lessee, shall be thereby subrogated to any

and all of the rights of Lessee under the provisions, covenants, terms

and conditions of this lease.

Section Fifty-Two: Default--Termination Of This Lease. In the

TUESDAY, FEBRUARY 22, 1972

1639

event Lessee fails or refuses to observe, perform or comply with any of the provisions, covenants, terms or conditions of this lease, Lessor may, upon giving thirty (30) days prior written notice, unless otherwise pro vided in this lease, to Lessee and to any grantee, mortgagee, or trustee required to be given copies of notices in accordance with Section FortyNine hereof, declare Lessee to be in default in Lessee's obligations under this lease. If Lessee or any grantee, mortgagee, or trustee required to be given copies of notices in accordance with Section Forty-Nine here of, does not completely and totally remedy or cure the default in Lessee's obligations under this lease within thirty (30) days after the date of the written notice from Lessor or, if complete and total remedy or cure is impossible within the said thirty (30) days, commence within the said thirty (30) days a good faith effort to so complete and totally cure the default within six (6) months after commencement, Lessor may pursue one of the following options:

(1) Terminate this lease without any further notice to Lessee, and thereafter, without legal process, enter upon and take immedi ate possession and control of the Premises to the complete exclu sion of Lessee. Lessor may also demand, collect and retain all rents due from tenants occupying the Premises and Lessor may otherwise treat and occupy the Premises as if this lease had expired of its own limitation. The failure of Lessor to exercise such rights after one or more defaults shall not be a waiver of the rights of the Lessor upon any subsequent default.

OR
(2) As Lessee's legal representative, without terminating this lease, re-let the Premises without advertisement and by private negotiations for such term or terms and at such rental or rentals as Lessor in its sole discretion may deem proper and advisable, with the right to make alterations and repairs to the Premises. Upon each such re-letting: (a) Lessee shall be immediately liable to pay to Lessor, in addition to any indebtedness due hereunder, the costs and expenses of such re-letting and of such alterations and repairs incurred by Lessor; and (b) at the option of Lessor rents received by Lessor from such re-letting shall be applied: First, to the pay ment of any costs and expenses of such re-letting and of such alteration and repair; and Second, to the payment of rent due and unpaid under this lease; and the residue, if any, shall be held by Lessor and applied in payment of future rents as the same may be come due and payable hereunder. Lessor shall in no event be liable to Lessee for any interest on the said residue.

Section Fifty-Three: Extinguishment Of Lessee's Rights Upon Termination. Upon the expiration of the term of this lease from any cause, all rights and interests of the Lessee, and all persons whomso ever claiming by, through or under the Lessee, whether by grant, as signment, deed to secure debt, mortgage, deed of trust, sublease (unless otherwise provided in Section Thirty-One of this lease), foreclosure pro ceedings or other conveyance or encumbrance, to the Premises, includ ing all engines, machinery, dynamos, generators, boilers, furnaces, ele vators, fire escapes, and all lifting, lighting, heating, cooling, refrigerat ing, air conditioning, ventilating, gas, electric and plumbing apparatus,

1640

.JOURNAL OF THE HOUSE,

appliances and fixtures, as well as other fixtures attached to or in the

Premises, all buildings, other structures and improvements, shall im

mediately wholly cease and determine; and the Premises, including all

:

engines, machinery, dynamos, generators, boilers, furnaces, elevators,

fire escapes, and all lifting, lighting, heating, cooling, refrigerating, air

conditioning, ventilating, gas, electric and plumbing apparatus, appli-

<

ances and fixtures, as well as other fixtures attached to or within the

Premises, all buildings, other structures and improvements,.shall thence

forward constitute and belong to and be the absolute property of the

Lessor or the Lessor's successors and assigns, without further act or

conveyance, and without liability to make compensation to the Lessee or

to anyone whomsoever, and free and discharged from all and every lien,

encumbrance, claim and charge of any character created or attempted

to be created by the Lessee at any time.

Section Fifty-Four: Prepaid Items Assigned. Upon the expiration of the term of this lease, or upon the prior termination of this lease from any cause, all expense items of constructing, operating, maintain ing and protecting the Premises prepaid by Lessee, including but not limited to, prepaid insurance premiums, taxes, and utility deposits, shall inure to the benefit of and become the property of Lessor and to this extent Lessee does hereby transfer, assign and convey any such prepaid expense items to Lessor.

Section Fifty-Five: Assignment Of Lease With Lessor's Consent. Lessee shall have the right to assign or transfer this lease, or any inter est therein, or any right or privilege appurtenant thereto, provided the written consent of Lessor is first had and obtained. The granting of such written consent shall be solely in the discretion of Lessor except that as to assignments or transfers of this lease, or any interest therein, or any right or privilege appurtenant thereto, which Lessee desires to make or grant to a mortgagee under Section Forty-Eight of this lease conditioned upon the default of Lessee in its obligations to the mort gagee, Lessor shall not unreasonably withhold its consent to the assign ment or transfer. Any assignment or transfer without such consent shall be void, and shall, at the option of Lessor, terminate this lease; provided, however, that any such assignment shall not release the Lessee from, or affect any of, its obligations, duties and limitations under the terms of this lease. Any assignee or transferee of Lessee's leasehold estate, immediate or remote, shall have like power of assignment and transfer on the same conditions and subject to the same restrictions as those imposed herein on Lessee.

Section Fifty-Six: Appointment Of A Receiver--General Assign

ment For The Benefit Of Creditors--Insolvency--Bankruptcy Other

i

Statutory Acts For Relief Of Debtors. In addition to the happening of

any event hereinabove set out which gives the Lessor the right to de

clare a default of this lease, the Lessor may, at its option, declare a

default of this lease and immediately elect one of the options provided

in Section Fifty-Two of this lease upon the happening of any or all of

the following events: (1) appointment of a receiver to take possession

of all or substantially all of the assets of Lessee; or (2) a general as-

;

signment by Lessee for the benefit of creditors; or (3) any action taken

or suffered by Lessee under any insolvency, bankruptcy or any other

.'..<

debtor-relief act.

TUESDAY, FEBRUARY 22, 1972

1641

Section Fifty-Seven: Inspection Of Premises By Lessor. The Lessor or its agents may, but shall be under no duty to, enter the Premises at reasonable times and hours to inspect the Premises in order to determine whether Lessee is complying with its undertakings, duties and obliga tions under this lease.

Section Fifty-Eight: Premises Subject To Zoning. Lessee takes the Premises subject to all zoning regulations and ordinances now or here after in force including but not limited to those as to building line and setback. Lessor in its discretion and at its own expense, or Lessee totally at Lessee's own expense, may, in good faith, contest and litigate as to the validity of any zoning ordinance, rule, regulation, resolution or statute of any governmental body affecting the Premises or Lessee's use or occupancy thereof if said ordinance, rule, regulation, resolution or statute is considered by Lessor or Lessee to be invalid, provided how ever, that Lessee, if Lessee should so contest and litigate, shall first give Lessor notice thereof.

Section Fifty-Nine: Addresses For Notices. Until contrary instruc tions are given to Lessee in writing, all notices required to be given to Lessor hereunder shall be effectively given to Lessor if mailed by United States certified or registered mail, return receipt requested, to the Sec retary, State Properties Control Commission, Care of Secretary of State of Georgia, Room 214 State Capitol, Atlanta, Georgia 30334. All notices required to be given to Lessee hereunder shall, until contrary instructions are given to Lessor in writing, be effectively given if mailed by United States certified or registered mail, return receipt requested, to Lessee's business address shown above.

Section Sixty: Submission Of Matters For Approval. Any matter which must be submitted to and approved in writing by Lessor, as re quired under this lease, prior to Lessee's right to proceed on such matter shall he submitted to Lessor, unless contrary instructions are given to Lessee in writing, by United States certified or registered mail, return receipt requested, to the Secretary, State Properties Control Commis sion, Care of Secretary of State of Georgia, Room 214, State Capitol, Atlanta, Georgia 30334 and shall either be approved or rejected by Lessor within ninety (90) days after receipt. If Lessor should fail to so approve or reject within such ninety (90) day period as provided for herein, Lessor's approval shall be assumed to have been unconditionally granted and Lessee shall have the right to proceed on such matter so submitted. Lessor shall inform Lessee in writing of Lessor's rejection or approval of such submitted matter by United States certified or reg istered mail, return receipt requested, to the address of Lessee desig nated for the giving of notice to Lessee under Section Fifty-Nine of this lease.

Section Sixty-One: Holding Over By Lessee. Lessee shall not use or remain in possession of the Premises after the expiration of this lease. Any holding over, or continued use and/or occupancy by the Lessee, after the expiration of this lease, without written consent of the Lessor, shall not constitute a Tenant-at-Will interest in behalf of the Lessee, but Lessee shall become a Tenant-at-Sufferance at the monthly rates of both the Base Annual Rental and the Additional Annual Rental for the im-

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mediately previous year of the lease term. There shall be no renewal whatsoever of this lease by operation of law.

Section Sixty-Two: No Waiver Of Rights By Lessor. No failure of Lessor to exercise any power given Lessor hereunder or to insist upon strict compliance by Lessee with its undertakings, duties and obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Lessor's right to demand exact compliance with the provisions, covenants, terms and conditions of this lease.

Section Sixty-Three: Rights Are Cumulative. All rights, powers and privileges conferred herein upon both parties shall be cumulative.

Section Sixty-Pour: Provisions Are Binding On Assigns And Are Covenants Real. It is mutually convenanted, understood, and agreed by and between the parties hereto, that each of the provisions, covenants, terms and conditions of this lease shall apply to, extend to, be binding upon and inure to the benefit or detriment of not only the parties hereto, but also the legal representatives, successors and assigns of the Lessor and Lessee hereto, and shall be deemed and treated as covenants real running with the Premises during the term of this lease. Whenever a reference to the parties hereto is made, such reference shall be deemed to include the legal representatives, successors and assigns of said party, the same as if in each case expressed.

Section Sixty-Five: Lease Is Georgia Contract. It is mutually covenanted, understood, and agreed by and between the parties hereto, that this lease contract shall be governed, construed, performed and en forced in accordance with the laws of the State of Georgia.

Section Sixty-Six: Terminate And Termination Defined. The words "terminate" or "termination" as used herein shall refer to the end of this lease whether due to the expiration of the term hereof or the earlier end of this lease by virtue of a default by Lessee in the performance of one of the provisions, covenants, terms or conditions of this lease.

Section Sixty-Seven: Premises Defined. All of the property de scribed in EXHIBIT "A" attached hereto, all of the buildings, other structures and improvements to which Lessor has a present right of possession which are totally located within the lateral and vertical limits of the property herein leased on the day of execution of this lease and all buildings, other structures and improvements hereinafter con structed by Lessee and totally located within the lateral and horizontal limits of the property described in EXHIBIT "A" attached hereto are referred to and shall be known in this lease as the "Premises".

Section Sixty-Eight: Destruction Or Damage To Existing Buildings, etc. Prior To Delivery Of Possession. If, prior to the delivery of pos session of the property described in EXHIBIT "A" attached hereto, any of the buildings, other structures or improvements located within the lateral and vertical limits of the property described in EXHIBIT "A" attached hereto on the day of execution of this lease shall be damaged, removed, altered or destroyed, in whole or in part, whether insured or

TUESDAY, FEBRUARY 22, 1972

1643

not, this lease shall not be void or voidable by Lessee nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom. The duties and obligations of the Lessor and the Lessee hereunder shall not be affected, modified or changed thereby.

Section Sixty-Nine: All Genders And Numbers Included. Whenever the singular or plural number, or masculine, feminine, or neuter gender is used in this lease, it shall equally apply to, extend to, and include the other.

Section Seventy: Invalidity of Provision Or Part Thereof. In the event any provision, covenant, term or condition or any portion of any
provision, covenant, term or condition of this lease is held invalid, the other provisions, covenants, terms and conditions of this lease and the remaining portion of said provision, covenant, term or condition shall not be affected thereby and shall continue in full force and effect.

Section Seventy-One: State Properties Control Commission Acts For Lessor. In the performance, discharge and fulfillment of the provisions, covenants, terms, conditions, undertakings, duties, and obligations of this lease including discretionary determinations to be made pursuant thereto, the State Properties Control Commission shall act for and on behalf of the Lessor. However, the Lessor reserves the right through appropriate action by the General Assembly of the State of Georgia to appoint such other agent as it may designate to perform such provi sions, covenants, terms, conditions, undertakings, duties and obligations.

Section Seventy-Two: Time Is Of Essence. All time limits stated in this lease are of the essence of this contract.

Section Seventy-Three: Entire Agreement Contained Herein. The making, execution and delivery of this lease by Lessee has not been in duced by any representations, statements or warranties (including but not limited to representations, statements, or warranties with respect to title to the Premises, or its condition or suitability for Lessee's pur poses) by Lessor. This lease constitutes the full, complete, and entire agreement between and among the parties hereto; no agent, officer or representative of the parties hereto has authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection herewith modifying, adding to, or chang ing the provisions, covenants, terms and conditions hereof. No modifi cation or amendment of this lease shall be binding unless such modifica tion or amendment shall be in writing, signed by both parties hereto, attached to this lease, incorporated in and by reference made a part of this lease.

Section Seventy-Four: Section Captions Are To Be Disregarded. The captions of the numbered Sections of this lease are for purpose of identification and convenience only and are to be completely disregarded in construing this lease.

IN WITNESS WHEREOF, Jimmy Carter, as Governor of the State of Georgia and Chairman of the State Properties Control Com mission, has this the ._._.. day of _.____________, 1972, hereunto

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affixed his official signature and cause to be affixed the great seal of the State of Georgia and the seal of the State Properties Control Com mission, in behalf of said State and the Commission, in duplicate, and after Lessee, ALLRIGHT PARKING OF GEORGIA, INC._____.__

_____________________________, has signed and executed this contract and has affixed Lessee's seal, if any, thereto, also in duplicate.
Signed, sealed and delivered in the presence of: (As to the signatures of Jimmy Carter, Governor and Chairman of the State Properties Control Commission, and Ben W. Fortson, Jr., as Secretary of State and Secretary of the State Proper ties Control Commission)

Witness

Notary Public My Commission Expires:

(NOTARY PUBLIC SEAL)
Signed, sealed and delivered in the presence of: M. H. Peabody Witness
Dock H. Davis Notary Public My Commission Expires:
Notary Public, Georgia State at Large My Commission Expires Jan. 7, 1974
(NOTARY PUBLIC SEAL)

LESSOR:
STATE OF GEORGIA
BY ___________._________ As Governor and as Chairman of the State Properties Control Commission

TUESDAY, FEBRUARY 22, 1972

1645

ATTEST __.__,,____._ _____ _... As Secretary of State and Sec retary of the State Properties Control Commission (SEAL)

LESSEE: ALLRIGHT PARKING OP OF GEORGIA, INC. By Garland Follis
Garland Follis, President

ATTEST: D. C. Richie D. C. Richie, Assistant Secretary (SEAL)

All that tract or parcel of land lying and being in Land Lots 77 and 78 of the 14th Land District of Fulton County, Georgia, containing 12.375 acres, and being more particularly described as follows:

BEGINNING at a point which point has coordinates of y = 1,365,965.06 feet and x = 430,284.83 feet from U.S.C.&G. Sta tions "GLENN" and "WALTON" (the coordinates from U.S.C.&G. Stations "GLENN" and "WALTON" for each point in this legal description are hereinafter given in parentheses after each point) and running thence along a line having a bearing of north 16 de grees 40 minutes 19 seconds east (all bearings given in this legal description are from "Grid North") a distance of 202.06 feet to a point (y = 1,366,158.63 feet, x = 430,342.80 feet) ; running thence along an arc. having a radius of 1,054.524 feet a distance of 277.91 feet (which said arc has a chord of 277.11 feet on a bearing of 9 degrees 11 minutes 41 seconds east from the point last described) to a point (y = 1,366,432.18 feet, x = 430,387.08 feet) ; running thence along a line having a bearing of north 1 degree 37 minutes 28 seconds east for a distance of 365.13 feet to a point (y = 1,366,797.16 feet, x = 430,397.43 feet) ; running thence along an arc hav ing a radius of 2,523.142 feet a distance of 204.07 feet (which said arc has a chord distance of 204.01 feet on a bearing of north 0 degrees 43 minutes 59 seconds west from the point last described) to a point (y = 1,367,001.15 feet, x = 430,394.82 feet) ; running along a line having a bearing of north 3 degrees 35 minutes 28 seconds west for a distance of 199.72 feet to a point (y = 1,367,200.48 feet, x = 430,382.31 feet); running thence along an arc hav ing a radius of 4,583.662 feet a distance of 170.15 feet (which said arc has a chord of 170.15 feet on a bearing of north 4 degrees 43 minutes 59 seconds west from the point last run) to a point (y -- 1,367,370.05 feet, x = 430,368.27 feet) ; running thence along an arc having a radius of 1,548.535 feet for a distance of 314.77 feet (which said arc has a chord of 314.23 feet on a bearing of north 11 degrees 42 minutes 53 seconds west from the point last described) to a point (y = 1,367,677.73 feet, x = 430,304.47 feet) ; running thence along a line having a bearing of north 70 degrees 29 minutes 51 seconds east a distance of 1.02 feet to a point (y = 1,367,678.07 feet, x = 430,305.43 feet); running thence along an arc having a

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JOURNAL OF THE HOUSE,

radius of 4,389.368 feet a distance of 139.27 feet (which said arc has a chord of 139.26 feet on a bearing of south 19 degrees 31 min utes 40 seconds east from the point last described) to a point (y = 1,367,546.82 feet, x = 430,351.98 feet) ; running thence along a line having a bearing of south 18 degrees 32 minutes 57 seconds east a distance of 573.59 feet to a point (y = 1,367,003.03 feet, x = 430,534.45 feet) ; running thence along an arc having a radius of 11,441.160 feet a distance of 219.67 feet (which said arc has a chord of 219.66 feet on a bearing of south 18 degrees 00 minutes 10 seconds east from the point last described) to a point (y = 1,366,794.12 feet, x = 430,602.34 feet) ; running thence along a line a distance of 209.40 feet on a bearing of south 17 degrees 27 minutes 26 seconds east to a point (y = 1,366,594.36 feet, x = 430,665.16 feet) ; running thence along an arc having a radius of 1,023.189 feet for a distance of 587.00 feet (which said arc has a chord of 579.75 feet on a bearing of south 33 degrees 54 minutes 45 seconds east from the point last described) to a point (y = 1,366,113.23 feet, x = 430,988.62 feet) ; running thence along a line having a bearing of south 50 degrees 21 minutes 53 seconds east a distance of 335.35 feet to a point (y = 1,365,899.31 feet, x = 431,246.88 feet); running thence along an arc having a radius of 752.561 feet a distance of 88.16 feet (which said arc has a chord of 88.11 feet on a bearing of south 53 degrees 43 minutes 28 seconds east from the point last described) to a point (y = 1,365,847.18 feet, x = 431,317.91 feet) ; running thence along a line having a bearing of south 57 degrees 04 minutes 55 seconds east a distance of 66.08 feet to a point (y = 1,365,811.27 feet, x = 431,373.38 feet) ; running thence along an arc having a radius of 1,530.535 feet a distance of 116.57 feet (which said arc has a chord of 116.54 feet on a bearing of south 54 degrees 54 minutes 29 seconds east from the point last described) to a point (y = 1,365,744.27 feet, x -- 431,468.74 feet) ; running thence along a line having a bearing of south 52 degrees 50 minutes 06 seconds east a distance of 18.26 feet to a point (y = 1,365,733.24 feet, x -- 431,483.29 feet) ; running thence along a line having a bearing of north 79 degrees 03 minutes 09 seconds west a distance of 1,220.67 feet to a point which was the POINT OF BEGINNING.

The said tract or parcel of land here is more particularly de scribed on a plat of survey prepared by STATE HIGHWAY DE PARTMENT of GEORGIA DIVISION of SURVEYS & AERIAL MAPPING and made by W. A. Halliday, Georgia Registered Land Surveyor No. 1111, dated September 20, 1971, revised December 17, 1971 and entitled PROPERTY OF STATE OF GEORGIA a copy of said plat of survey being attached hereto, marked EXHIBIT "C" and by reference specifically incorporated into and made a part of this description.

THE ENCUMBRANCES

1.
A lease of overhead rights, so much of the land level as is neces sary for supports and appurtenances for improvements, and improve ments, when completed, dated December 26, 1950 between the WEST-

TUESDAY, FEBRUARY 22, 1972

1647

ERN AND ATLANTIC RAILROAD COMMISSION as Lessor and PEACHTREE-WHITEHALL, INC., as Lessee, as amended from time to time since the aforesaid date; said lease dated December 26, 1950 affects a portion of the Tract numbered 2 as shown on the plat of survey at tached to this lease as Exhibit "C"; copies of said lease dated Decem ber 26, 1950, and all amendments thereto may be obtained from the State Properties Control Commission, Room 663, Labor Building, State Capitol, Atlanta, Georgia.

2.
A lease of air rights (including the right of necessary supports and appurtenances) dated May 15, 1970, between the State of Georgia, acting through the State Properties Control Commission, as Lessor and DOWNTOWN DEVELOPMENT CORP., FM AIR RIGHTS COM PANY and CITY CENTER, INC., a Joint Venture Partnership, as Lessee; said lease dated May 15, 1970 affects all of the Tract numbered 2 as shown on the plat of survey attached to this lease as Exhibit "C" except that portion of the said Tract numbered 2 affected by the lease dated December 26, 1950 set forth in Paragraph 1 of this Exhibit "B"; the published form of the said lease dated May 15, 1970 may be found in Ga. Laws 1970, pp. 752-837.

3.
A lease of overhead rights, so much of the land level as is neces sary for supports and appurtenances for structures, and structures, when completed, dated January 12, 1960, between the WESTERN AND ATLANTIC RAILROAD COMMISSION as Lessor and CITY CEN TER, INC., as Lessee, as amended from time to time since the afore said date; said least dated January 12, 1960 affects all of the Tracts numbered 4 and 6 as shown on the plat of survey attached to this lease as Exhibit "C"; copies of said lease dated January 12, 1960, and all amendments thereto may be obtained from the State Properties Control Commission, Room 663, Labor Building, State Capitol, Atlanta, Georgia.

4.
The Forsyth Street Viaduct as constructed pursuant to the consent of the State of Georgia granted to the City of Atlanta by two Acts of the General Assembly of Georgia, approved September 24, 1891 and August 19, 1919, respectively, (Ga. Laws 1890-91, Vol. 2, pp. 454, 455 and Ga. Laws 1919, pp. 821, 835).

5.
Whatever rights the public may have in and to Fairlie Street as the same is located, defined, and used on the ground surface level be tween the Forsyth Street Viaduct and the Spring Street Viaduct.

6.
The Spring Street Viaduct as constructed pursuant to the consent of the State of Georgia granted to the City of Atlanta, through its duly authorized authorities, by virtue of an Act of the General Assembly of Georgia approved August 15, 1921 (Ga. Laws 1921, p. 1205).

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7.
The Techwood Drive Viaduct as constructed pursuant to an ease ment dated January 31, 1961, granted by the Western and Atlantic Railroad Commission, acting for the State of Georgia, to the City of Atlanta, Georgia, pursuant to an Act of the General Assembly of Geor gia approved March 23, 1960 (Ga. Laws 1960, pp. 1164-1166) ; a copy of said easement dated January 31, 1961 is recorded in Deed Book 3693, pages 125-128, in the Office of the Clerk of the Superior Court of Ful ton County, Georgia.

8.
A Revocable License Agreement to be granted by the State Proper ties Control Commission to Georgia Power Company for the installation and construction of an underground electrical conduit system with one manhole and appurtenances thereto, under and across the following described property:

All that tract or parcel of land having an area of 873.375 square feet, lying and being in Land Lot 78, of the 14th District of Fulton County, Georgia traversing Tract #5 of the property of the State of Georgia as shown on a plat of survey of said Tract #5 prepared by W. A. Halliday, Georgia Registered Land Surveyor No. 1111, dated September 20, 1971, revised December 17, 1971, and entitled PROPERTY OF STATE OF GEORGIA, attached to this lease as Exhibit "C" and incorporated by reference herein; being more particularly described as follows: Being a strip of land 2.5 feet in width, the centerline of which begins at a point on the west boundary of said Tract #5, 54.87 feet north of the southwest corner of said Tract; running thence north 48 degrees, 7 minutes, 28 seconds east a distance of 61 feet to a point; thence north 59 de grees 38 minutes east a distance of 21.5 feet to' the centerpoint of a manhole, said manhole being a square 12 feet on each side, each side being 6 feet from the said centerpoint and having four interior angles of 90 degrees; from said centerpoint, running thence north 59 degrees 38 minutes east, a distance of 221.25 feet to a point on the east boundary of said Tract #5, said point being 18.07 feet south of the northeast corner of said Tract.

Georgia Power Company shall also have the temporary privilege of ingress thereto and egress therefrom over adjoining land of the State of Georgia for the purpose of bringing in construction equipment for use on the above-described property. Georgia Power Company shall further, during the period of construction, have the privilege of occupy ing a strip of land of twelve (12) feet in width, being six (6) feet on either side of the centerline of the above-described property. Thereafter, Georgia Power Company shall retain only sufficient privilege of in gress and egress as is necessary to permit individual workmen to reach the manhole to be constructed and implaced on the above-described property.
9.
The Magnolia Street Viaduct as presently constructed and as the same may be expanded by the City of Atlanta pursuant to a revocable

TUESDAY, .FEBRUARY 22, 1972

1649

license agreement to be granted by the State Properties Control Com mission; the lateral limits of the Magnolia Street Viaduct as presently constructed and as to be expanded pursuant to the aforesaid revocable license agreement are as follows:

All that tract or parcel of land lying and being in Land Lot 78 of the 14th Land District of Fulton County, Georgia, containing 0.202 acre, more or less, and being more particularly described as follows:

BEGINNING at a point which point has coordinates of y = 1,367,029.42 feet and x = 430,393.04 feet from U.S.C. & G. Stations "GLENN" and "WALTON" (the coordinates from U.S.C.&G. Sta tions "GLENN" and "WALTON" for each point in this legal de scription are hereinafter given in parentheses after each point) and running thence along a line having a bearing of north 3 degrees 35 minutes 28 second west (all bearings given in this legal descrip tion are from "Grid North") a distance of 78.10 feet to a point (y = 1,367,106.61 feet, x = 430,387.53 feet) ; running thence along an arc (which said arc has a chord of 108.63 feet on a bearing of north 57 degrees 40 minutes 47 seconds east from the point last described) a distance of 108.83 feet to a point (y = 1,367,165.64 feet, x = 430,479.87 feet) ; running thence along a line having a bearing of south 18 degrees 32 minutes 57 seconds east a distance of 80.22 feet to a point (y = 1,367,089.39 feet, x = 430,505.45 feet) ; running thence along the southern boundary of the Magnolia Street Viaduct as presently constructed in an arc curving to the right (which said arc has a radius of 590.958 feet and a chord of 127.41 feet) a distance of 127.65 feet to a point, which said point was the point of BEGINNING.
The City of Atlanta shall also have, during the period of construction of the expansion of the Magnolia Street Viaduct only, an easement 10 feet in width immediately adjacent to, and north of, the above-described parcel.

10.
An easement reserved by the LOUISVILLE AND NASHVILLE RAILROAD COMPANY in that certain letter dated September 21, 1971, from D. D. Strench, Vice-President--Operation, to Georgia State Properties Control Commission as accepted by the Chairman of the State Properties Control Commission on September 24, 1971; a copy of the said letter dated September 21, 1971 is attached to this lease as Exhibit "D", which said Exhibit "D" is by reference incorporated herein.

11.
Whatever rights the public may have in and to Foundry Street as the same is located, defined and used on the ground surface level north of the Magnolia Street Viaduct.

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s a ?: ? i

f tmmmmx--

NOTE: THIS PLAT HAS BEEN PHOTOGRAPHICALLY REDUCED AND THEREFORE, THE SCALE SHOULD BE ADJUSTED ACCORDINGLY.
FULL SIZE PLAT MAY BE SEEN ON FILE AT THE STATE CAPITOL, ATLANTA, GEORGIA.

5-3

! J I S8!

TUESDAY, FEBRUARY 22, 1972

1651

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12.
Any easement, deed of conveyance, or grant of right or privilege or any other use (including City of Atlanta sewer and water lines and utility company lines) whether visible or not which might be revealed by an inspection of the Premises or of the laws of the State of Georgia or of the records of the Public Works Department of the City of At lanta, Georgia, or the records of the public utility companies doing busi ness in the City of Atlanta, Georgia, or the public records of Fulton County, Georgia.

LOUISVILLE & NASHVILLE RAILROAD COMPANY 908 W. Broadway -- Louisville, Kentucky, 40201 -- Telephone 587-1121

Donald D. Strench Vice President - Operation

September 21, 1971

Georgia State Properties Control Commission 244 Washington Street, S.W. Atlanta, Georgia

Attention: Mr. Dock H. Davis, Director
Re: Relinquishment of possession by L&N Railroad Company of Atlanta Union Passenger Depot Property, Atlanta, Georgia

Gentlemen:
Passenger train operation over the Western & Atlantic Railroad terminated April 30, 1971, whereupon it became necessary for the State of Georgia and Louisville and Nashville Railroad Company (L&N) to effectuate the provisions of Section One, Exception (E) Atlanta Depot Property, of the Western & Atlantic Railroad Lease of March 4, 1968. The pertinent provisions of Exception (E) dealt with herein are as follows:

"This lease shall include the Atlanta Union Passenger Building and so much of the passenger depot property in Atlanta, Georgia as is outlined in green on the aforesaid maps only so long as there is passenger train service originating or terminating in the Atlanta Union Passenger Depot and being operated over substantially the entire length of the Western & Atlantic Railroad. * * * In the event discontinuance of said passenger train service shall be authorized and effected and, at such time, the State shall not have retaken possession as above provided for, then 90 days after discontinuance shall have been authorized and effected said Depot Building (in cluding the air space, subject to the clearance provision of this lease, between Forsyth Street and Spring Street not separately leased as of December 28, 1969) shall revert to the possession and control of the State. * * *

"In the event that passenger train service shall be discontinued as above referred to, then as to the balance of the property out lined in green, the parties hereto will consider, in good faith, the further need of Lessee for railroad purposes of any or all thereof,

TUESDAY, FEBRUARY 22, 1972

1653

to the end of reaching agreement as to the continuation in this lease of all or any part thereof. As to said balance of the property outlined in green, the Lessee agrees to advise the State within 90 days after the discontinuance of passenger service if that property so scheduled to revert, or any portion thereof, is required by the Lessee for railroad operating purposes, together with the justifi cation for such requirement. * * * "
In compliance with the provisions of Exception (E) the State and L&N have negotiated and have agreed as to the reversion to the State of the Atlanta Depot property, including agreement as to what portion of the depot property at ground level outlined in green on the official W&A lease may that L&N has need to retain for railroad operating purposes, and the terms and conditions relating to such retained por tion. The purpose of their letter is to set out the entire agreement and understanding between the State and L&N as to the reversion of the Depot property under Exception (E), and this letter will supercede all previous letters and proposals that have passed between the parties.
As to the Atlanta Union Passenger Depot building and its adjoining property at the level of Forsyth Street and Spring Street, it is acknowl edged that said property has reverted to the possession and control of the State on July 26, 1971, and stood deleted from L&N's leasehold estate on that date.
As to the passenger depot property at ground level, colored in green on the official lease map, the State and L&N have, on September 16, 1971, reached agreement as to how much of said green area will revert to the State, and how much will be retained by L&N for railroad operating purposes under the W&A Lease. It was agreed that as of that date the entire green area reverted to the State, with the following exceptions:
(1) L&N is to retain for the duration of the W&A Lease and any extension thereof a full leasehold estate in so much of the green area that may lie between the center line of the southbound main track of the W&A Railroad, and a line drawn parallel to and eigh teen (18) feet from said centerline on its westerly side.
(2) L&N is to retain for the duration of the W&A Lease and any extension thereof an easement for railroad right of way pur poses for the operation and maintenance of so much of track No. 202 as it presently exists across the northerly portion of said green area in the vicinity of Foundry Street, track No. 202 being further identified as the track connecting the main line tracks of the W&A to the property of Central of Georgia Railway Company, and af fording an interchange and connecting route between the W&A Rail road and the Atlanta West Point Rail Road Company. Said ease ment area shall consist of so much of said green area that lies westwardly of a line drawn 18 feet eastwardly of and parallel to the center line of track No. 202, as said track crosses the green area in the vicinity of Foundry Street.
The State recognizes the importance of the connecting track described in (2) above, connecting the W&A Railroad to Central of of Georgia Railway and Atlanta and West Point Rail Road. However, that portion of the State's property near Foundry Street is also of great

1654

JOURNAL OP THE HOUSE,

importance to the remainder of the property reverting to the State in that it can provide direct vehicular access. Therefore, in order to protect all parties, the State and L&N have agreed as follows as to the ease ment and connecting track:
(a) The Louisville and Nashville Railroad Company will re tain possession and control, pursuant to appropriate provisions of the Lease, of all property lying eastward to a line drawn 18 feet west of and parallel to the center line of the southbound main track;
(b) The Louisville and Nashville Railroad Company shall cooperate fully with the State of Georgia and/or its lesssee, as signee, etc., in obtaining authorization from the Central of Georgia Railway, the Southern Railway Company, the Atlanta Terminal Company, the Atlanta and West Point Rail Road Company, and any persons other than the State owning land in the vicinity of Foundry Street, Atlanta, Georgia, as their interests may appear, in relocating1 the present connecting track off of the State's Atlanta Union Station property colored in green on the official W&A Lease map, and on to adjacent land in the vicinity, or, alternately, in obtaining authorization from the above-named railroads and Term inal Company in moving the trackage rights of the Atlanta and West Point Rail Road Company from the present connection track to alternate trackage of Southern Railway Company, as provided for in Section Second of that agreement between Central of Georgia Railway Company, Southern Railway Company, Atlanta Terminal Company and Atlanta and West Point Rail Road Company, dated June 9, 1970, as authorized by order of the Interstate Commerce Commission dated November 9, 1970, in Finance Docket No. 26311; and
(c) The Louisville and Nashville Railroad Company agrees to the relocation of the present connecting track, or to the substitution therefor of an alternate connecting track over Southern Railway Company trackage, as provided in Subsection (b) next above, and agrees to relocate or construct any necessary switch connections between the Western and Atlantic main track and either the re located present connecting track, or the alternate trackage of South ern Railway Company. Provided, however, that the State of Georgia and/or its lessee, assignee, etc., shall defray all costs to any railroad company involved from such relocation of the existing connecting track, or of the adoption of an alternate connecting route over trackage of Southern Railway Company
If this letter, sent to you in duplicate, correctly expresses the agree ment reached between the State of Georgia, acting through the Georgia State Properties Control Commission, and Louisville and Nashville Railroad Company, it is requested that, in evidence thereof, both counter parts of this letter be signed for the State, and one be returned for at taching to L&N's copy of the Western & Atlantic Railroad Lease.
Yours very truly,
LOUISVILLE AND NASHVILLE RAILROAD COMPANY
By /a/ D. D. Strench Vice President-Operation

TUESDAY, FEBRUARY 22, 1972

1655

Atlanta, Georgia September 24,1971

This letter correctly states the agreement arrived at, as set out above.
GEORGIA STATE PROPERTIES CONTROL COMMISSION

Copies to:

By /s/ Jimmy Carter as its Chairman

Mr. Hershel Farmer Mr. C. F. Anderson Mr. John H. Boman

BEGINNING at a point which point has coordinates of y = 1,367,316.65 feet and x = 430,373.53 feet from the U.S.C.&G. Stations "GLENN" and "WALTON" (the coordinates from U.S.C.&G. Stations "GLENN" and "WALTON" for each point in this description are here inafter given in parentheses after each point) and running along a line having a bearing of south 21 degrees 23 minutes 59 seconds east (all bearings given in this description are from "Grid North") a distance of 126.07 feet to a point (y = 1,367,199.27 feet, x = 430,419.53 feet); run ning thence along a line having a bearing of south 19 degrees 16 minutes 09 seconds east for a distance of 80 feet to a point (y = 1,367,123.75 feet, x = 430,445.93 feet); running thence along a line having a bearing of south 16 degrees 41 minutes 10 seconds east for a distance of 570.83 feet to a point (y = 1,366,576.96 feet, x = 430,609.83 feet); running thence along an arc having a radius of 1,062.30 feet a distance of 676.51 feet (which said arc has a chord of 665.14 feet on a bearing of south 34 degrees 55 minutes 51 seconds east from the point last described) to a point (y = 1,366,031.65 feet, x = 430,990.68 feet); running thence along a line having a bearing of south 53 degrees 10 minutes 28 seconds east for a distance of 456.92 feet to a point (y -- 1,365,757.78 feet, x = 431,356.43 feet), which said point is the point of TERMINATION. Tract (A) :
All that tract or parcel of land lying and being in Land Lots 77 and 78 of the 14th Land District of Fulton County, Georgia and being designated as RAPID TRANSIT R/W TRACT (A) on a plat of survey dated September 20, 1971, revised December 17, 1971, prepared by State Highway Department of Georgia Division of Surveys & Aerial Mapping and W. A. Halliday, Georgia Registered Land Surveyor No. 1111, and entitled "PROPERTY OF STATE OF GEORGIA"; a copy of said plat is attached to this lease as Exhibit "C" and by reference incorporated into this description; said tract being more particularly described as follows:

BEGINNING at a point which point has coordinates of y = 1,365,836.71 feet, x = 430,948.36 feet from U.S.C.&G. Stations "GLENN" and "WALTON" (the coordinates from U.S.C.&G. Stations "GLENN" and "WALTON" for each point in this legal description are hereinafter given in parentheses after each point) and running thence northerly along a line a distance of 18 feet to a point (y = 1,365,854.38 feet,

1656

JOURNAL OF THE HOUSE,

x = 430,951.78 feet) ; running thence northwesterly along a line for a distance of 430 feet to a point (y = 1,365,936.04 feet, x = 430,529.60 feet) ; running thence northeasterly along a line a distance of 49 feet to a point (y = 1,365,984.15 feet, x = 430,538.91 feet) ; running thence southeasterly along a line a distance of 626 feet to a point (y = 1,365,865.27 feet, x = 431,153.52 feet) ; running thence southeasterly along a line a distance of 218.52 feet to a point (y = 1,365,759.99 feet, x = 431,345.01 feet) ; running thence northwesterly along a line a distance of 404.00 feet to a point, which point was the point of BEGINNING. Tract (B) :
All that tract or parcel of land lying and being in Land Lot 78 of the 14th Land District of Fulton County, Georgia, and containing 0.005 acre, more or less, and being designated as RAPID TRANSIT R/W TRACT (B) on a plat of survey dated September 20, 1971, re vised December 17, 1971, and prepared by State Highway Department of Georgia Division of Surveys & Aerial Mapping and W. A. Halliday, Georgia Registered Land Surveyor No. 1111, and entitled "PROPERTY OF STATE OF GEORGIA"; a copy of said plat is attached to this lease as Exhibit "C" and by reference incorporated into this descrip tion; said tract or parcel of land is more particularly described as follows:
TO FIND THE POINT OF BEGINNING, commence at a point which point has coordinates of y = 1,365,965.06 feet, x = 430,284.83 feet from U.S.C.&G. Stations "GLENN" and "WALTON" (the co ordinates from U.S.C.&G. Stations "GLENN" and "WALTON" for each point in this legal description are hereinafter given in parentheses after each point) and running thence along a line having a bearing of south 79 degrees 03 minutes 09 seconds east (all bearings given in this legal description are from "Grid North") a distance of 92 feet to a point, which said point is the POINT OF BEGINNING; from said point of beginning running thence at right angles to the course first run, a distance of 18 feet to a point, running thence at right angles to the course last run a distance of 12 feet to a point; running thence at right angles to the course last run a distance of 18 feet to a point; running thence at right angles to the course last run a distance of 12 feet to a point, which was the POINT OF BEGINNING. Tract (C) :
All that tract or parcel of land lying and being in Land Lot 78 of the 14th Land District of Fulton County, Georgia and being designated as RAPID TRANSIT R/W TRACT (C) on a plat of survey dated September 20, 1971, revised December 17, 1971, made by State Highway Department of Georgia Division of Surveys & Aerial Mapping and W. A. Halliday, Georgia Registered Land Surveyor No. 1111, and entitled "PROPERTY OF STATE OF GEORGIA"; a copy of said plat is attached to this lease as Exhibit "C" and by reference incorporated into this description; said tract or parcel of land contains 0.272 acre, more or less; said tract or parcel of land is more particularly described as follows:
TO FIND THE POINT OF BEGINNING, commence at a point which point has coordinates of y = 1,365,965.06 feet, x = 430,284.83 feet from U.S.C.&G. Stations "GLENN" and "WALTON" (the coordi nates from U.S.C.&G. Stations "GLENN" and "WALTON" for each point in this legal description are hereinafter given in parentheses

TUESDAY, FEBRUARY 22, 1972

1657

after each point) and running thence along a line having a bearing of north 16 degrees 40 minutes 19 seconds east (all bearings given in this legal description are from "Grid North") a distance of 18.08 feet to a point (y = 1,365,982.38 feet, x = 430,290.02 feet) which said point is the POINT OP BEGINNING; running thence along a line having a bearing of north 16 degrees 40 minutes 19 seconds east a distance of 49.25 feet to a point (y = 1,366,029.56 feet, x = 430,304.15 feet) ; running thence southeasterly along a line a distance of 239.11 feet to a point (y = 1,365,984.15 feet, x = 430,538.91 feet) ; running thence southwesterly along a line a distance of 49 feet to a point (y = 1,365,936.04 feet, x = 430,529.60 feet) ; running thence northwesterly along a line a dis tance of 244.02 feet to a point, which point was the POINT OF BE GINNING.

The Speaker Pro Tern resolved the House into a Committee of the Whole for the purpose of considering HR 640-1493, designating Mr. Chandler of the 34th as Chairman thereof.

The Committee of the Whole arose and through its Chairman reported HR 640-1493 back to the House with the recommendation that the same Do Pass.

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 Bell Bennett, Tom Berry Black Blackshear Bohannon Bond
Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C.
Brown, S. P.

Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell
Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty
Davis, E. T.

Davis, W. Dean, Gib Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser
Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham
Griffin

1658

JOURNAL OF THE HOUSE,

Gunter
Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logon 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, W. R. Pickard Pinkston Poole Potts

Rainey Reaves Roach Ross Rush Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Snow Stephens Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.:

King

Smith, H. R.

Those not voting were Messrs.:

Barfield Battle Bennett, J. T. Collier Dean, J. E. Dean, N. Drury

Greer Groover Hill, G. Hudson, Ted Jordan Larsen, W. W. Murphy

Phillips, L. L. Russell, A. B. Savage Sorrells Town send Mr. Speaker

On the adoption of the Resolution, the ayes were 173, nays 2.

The Resolution, having received the requisite constitutional majority, was adopted.

TUESDAY, FEBRUARY 22, 1972

1659

By unanimous consent, HR 640-1493 was ordered immediately transmitted to the Senate.

HB 1399. By Messrs. Ware of the 30th, Dean of the 19th, Berry of the 85th, Wood of the llth, Gignilliat of the 89th and others:
A Bill to be entitled an Act to amend an Act relating to the issuance of certificates of exemption from the payment of professional and semi-professional license taxes to certain disabled veterans, blind persons and disabled peace-time veterans, so as to provide that any disabled veteran shall be eligible for a certificate of exemption; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D.
Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks

Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Gaynor Gigniilliat Grahl Granade Grantham 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. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W.J. (Bill) Lee, W. S.

1660
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

JOURNAL OF THE HOUSE,

Nessmith Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Scarborough

Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Strickland Sweat Thomason Toles Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Atherton Blackshear Collins, M. Dean, Gib Dean, J. E. Drury Egan Felton Gary Geisinger

Greer Groover Hood Jordan Larsen, W. W. Mason Murphy Northcutt Pickard

Pinkston
Savage Shepherd Sorrells Stephens. Thompson Townsend Wilson Mr. Speaker

On the passage of the Bill, the ayes were 167, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

The Speaker assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

TUESDAY, FEBRUARY 22, 1972

1661

SR 206. By Senators Holloway of the 12th, Carter of the 14th and Lester of the 23rd:
A RESOLUTION
Applying to the Congress of the United States to propose an amend ment to the Constitution of the United States; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA that this body respectfully applies to the Congress of the United States to call a convention for the purpose of proposing the following amendment to the Constitution of the United States:
"No student shall be assigned to nor compelled to attend any particular public school on account of race, religion, color or na tional origin."
BE IT FURTHER RESOLVED that this application by the General Assembly of the State of Georgia constitutes a continuing application in accordance with Article V of the Constitution of the United States until at least two-thirds of the legislatures of the several states have made similar applications pursuant to Article V, but if Congress pro poses an amendment to the Constitution identical with that contained in this Resolution before January 1, 1974, this application for a state application shall no longer be of any force or effect.
BE IT FURTHER RESOLVED that since this method of proposing amendments to the Constitution has never been completed to the point of calling a convention, and no interpretation of the power of the states in the exercise of this right has ever been made by any court or any qualified tribunal, if there be such, and since the exercise of the power is a matter of basic sovereign rights and the interpretation thereof is primarily in the sovereign government making such exercise, and since the power to use such right in full also carries the power to use such right in part, the General Assembly of Georgia interprets Article V to mean that if two-thirds of the states make application for a convention to propose an identical amendment to the Constitution for ratification with a limitation that such amendment be the only matter before it, that such convention would have power only to propose the specified amendment and would be limited to such proposal and would not have power to vary the text thereof, nor would it have power to propose other amendments on the same or different propositions.
BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and instructed to transmit a duly attested copy of this Resolution to the Secretary of the Senate of the United States Congress, the Clerk of the House of Representatives of the United States Congress, to the Presiding Officer of each House of each State Legislature in the United States, and to each member of the Georgia Congressional Delegation.

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:

1662

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alien Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burr usB Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Davis, E. T.
Davis, W.
Dean, Gib
Dean, N.
Dixon
Dorminy
Drury
Edwards
Egan
Farrar
Felton

Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Granade Grantham 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 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 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, H. P. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow
Stephens
Strickland
Sweat
Thomason
Toles
Triptett
Tripp
Turner
Vaughn
Ware

TUESDAY, FEBRUARY 22, 1972

1663

Wheeler, Bobby Wheeler, J. A.
Whitmire

Williams Wilson

Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.:

Alexander, W. H. Blackshear Bond Brown, B. D. Daugherty

Dent Evans Ezzard Hamilton Hill, B. L.

Hood Horton Shepherd Thompson

Those not voting were Messrs.:

Alexander, W. M. Dean, J. E. Fraser Grahl Greer Groover

Isenberg Larsen, W. W. Leggett Matthews, D. R. Merritt Moore

Pickard Savage Sorrells Townsend Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 163, nays 14.

The Resolution, having received the requisite constitutional majority, was adopted.

Mr. Matthews of the 63rd stated that he had been called from the floor of the House when the roll was called on the adoption of SR 206, and wished to be recorded as voting "aye".

HB 1401. By Messrs. Ware of the 30th, Wood of the llth, Hays of the 1st, Moyer of the 41st, Dean of the 19th and Gignilliat of the 89th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt from the taxes imposed by said Act the sale of the vehicle to a service-con nected handicapped veteran for which he received a grant from the Veterans Administration to purchase and specially adapt to his handi cap; and for other purposes.
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., Jr. Adams, John

Adams, Marvin Alexander, W. M.

Alien Atherton

1664

JOURNAL OF THE HOUSE,

Battle Bell Bennett, J. T., Jr. Bennett, Tom Berry Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H.
Floyd, L. R.
Fraser
Gary
Gaynor
Geisinger

Gignilliat Grahl Granade Grantham Greer Griffin Gunter Ham Hamilton 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. Lee, W. J. (Bill) Lee, W. S. Levitas 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 Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, L. L, Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Tripplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

TUESDAY, FEBRUARY 22, 1972

1665

Those not voting were Messrs.:

Alexander, W. H. Barfield Blackshear Bond Brown, B. D. Cook Dean, J. E. Groover

Harrington Hood Horton Howard Isenberg Larsen, W. W. Leggett Lewis

Merritt Moore Oxford Phillips, G. S. Salem Savage Townsend Mr. Speaker

On the passage of the Bill, the ayes were 171, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1413. By Messrs. Levitas of the 77th, Snow of the 1st and Roach of the 10th:
A Bill to be entitled an Act to amend Title 90 of the Code, to strike in its entirety Chapter 90-2 entitled "Reports of the Supreme Court and Court of Appeals"; to substitute a new Chapter; to redefine certain words; to provide for the uniformity of the reports; and for other purposes.

The following Committee amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1413 as follows:
by changing the word "therefore" on lines 327 and 328 to "therefor" and by inserting the word "major" before the word "points" on line 150.

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 112, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1412. By Messrs. Levitas of the 77th, Roach of the 10th and Snow of the 1st:
A Bill to be entitled an Act to amend Section 24-4203 of Chapter 24-42 of Title 24 of the Code entitled "Reporter", relating to the duties of the Reporter of the Supreme Court and of the Court of Appeals; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1666

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 108, nays 0.

The Bill, having1 received the requisite constitutional majority, was passed.

HR 5114121. By Messrs. Greer of the 95th, McCracken of the 36th and Smith of the 43rd:
A Resolution creating the No-Fault Insurance Study Committee; and for other purposes.

The following Committee substitute was read and adopted:
A RESOLUTION
Creating the No-Fault Insurance Study Committee; and for other purposes.
WHEREAS, the No-Fault automobile insurance program has stimulated great interest throughout the United States, particularly among lawyers, insurance companies and State legislatures; and
WHEREAS, under the No-Fault concept, insurance claims are paid without regard to which driver causes an accident because each policyholder is covered by his own insurance and not by the liability insurance of the driver at fault; and
WHEREAS, Puerto Rico in 1969, Massachusetts in 1970, and Delaware, Florida and Illinois in 1971, adopted No-Fault laws and several other states have measures under consideration; and
WHEREAS, a Bill is pending in the United States Senate which would establish a Federal No-Fault System; and
WHEREAS, the laws which have been adopted and proposals under consideration vary considerably in many substantive ways, and all such laws and proposals should be thoroughly studied before enacting legislation on this subject; and
WHEREAS, the No-Fault concept has many opponents as well as supporters, and the pros and cons of the concept itself should also be thoroughly studied before taking legislative action on any No-Fault proposal.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPESENTATIVES that there is hereby created the No-Fault In surance Study Committee to be composed of Members of the House Committee on Insurance. The Committee shall make a thorough study of the No-Fault concept and the laws and legislative proposals relative thereto. Said Committee shall be authorized to hold such hearings and

TUESDAY, FEBRUARY 22, 1972

1667

make such investigations as it deems necessary or advisable to com plete such study.

BE IT FURTHER RESOLVED that each member of the Com mittee shall receive the expenses and allowances provided by law for members of legislative interim committees but shall receive the same for not more than 20 days unless additional days are authorized by the Speaker of the House. 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. The Committee shall be authorized to use the services of the Legislative Counsel, the Comp troller General's Staff and shall employ other clerical help as neces sary.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations to the General Assembly by not later than the date the 1973 regular session convenes, and on said date said Committee shall stand abolished.

The Resolution was adopted, by substitute.

The following Bill of the House was taken up for the purpose of considering the Senate amendment thereto:

HB 1323. By Mr. Larsen of the 113th:
A Bill to be entitled an Act to provide for the creation of a Georgia Scenic Trails System; and for other purposes.
The following Senate amendment was read:
The Senate moves to amend HB 1323 by changing the period to a semi-colon on page 2, line 25, and by adding thereafter the following:
"and, notwithstanding the provisions of any other statute con cerning the improvement of land held in fee simple by the State of Georgia, shall be authorized to expend State funds for construc tion, maintenance and management of trails on lands acquired through purchase, easement, lease or donation; provided, however, that no buildings shall be constructed on any real estate to which the State of Georgia does not hold title in fee simple, unless it is held under a quit claim deed with a reversionary interest in the Federal Government or under a long term Federal license agree ment with a reversionary interest in the Federal Government."

Mr. Larsen of the 113th moved that the House agree to the Senate amend ment.

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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 Bohannon Bond Bostick Bowen Brantley, H. H. Bray Brown, B. D. Brown, G. Brown, S. P. Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy
Drury
Edwards
Egan
Evans
Ezzard

Farrar Felton Floyd, J. H. Fraser Gary Gignilliat Grahl Granade Grantham Griffin Gunter Ham Harris Harrison Hawes Hays Hill, B. L. Hill, G. Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lowrey Marcus Mason
Mauldin
Maxwell
McCracken
McDaniell
McDonald

Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Noble Northcutt Nunn Odom Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinks ton 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 Stephens Strickland Sweat Thomason Thompson Toles
Triplett
Tripp
Turner
Vaughn
Ware

TUESDAY, FEBRUARY 22, 1972

1669

Wheeler, Bobby Wheeler, J. A.

Whitmire Williams

Wilson Wood, J. T.

Those not voting were Messrs.:

Barfield Bennett, J. T. Brantley, H. L. Buck Chandler
Collier Collins, M. Collins, S. Davis, E. T. Dean, J. E. Floyd, L. R. Gaynor Geisinger

Greer Groover Hamilton Harrington
Hood Hudson, C. M. King
Lane, W. J. Larsen, W. W. Levitas Logan Matthews, C. Matthews, D. R.

Moore Murphy Nessmith
Oxford Patten Pickard Russell, A. B Savage Sorrells Townsend Wamble Wood, R. E. Mr. Speaker

On the motion, the ayes were 156, nays 0.

The motion prevailed and the Senate amendment to HB 1323 was agreed to.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed, by substitute, by the requisite constitutional majority the following Bill of the House, to-wit:

HB 1204. By 'Messrs. Smith of the 43rd, Floyd of the 7th, Murphy of the 19th, and others:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Ap propriations Act", so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1972; and for other purposes.

The following Bill of the House was taken up for the purpose of considering the Senate substitute thereto:

HB 1204. By Messrs. Smith of the 43rd, Floyd of the 7th, Murphy of the 19th and others:
A Bill to be entitled an Act to amend an Act providing appropriations

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JOURNAL OP THE HOUSE,

for the fiscal years 1971-72 and 1972-73, known as the "General Ap propriations Act"; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Ap propriations Act", approved March 19, 1971 (Ga. Laws 1971, p. Ill), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1972; to provide for other 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:
ARTICLE I.
This Article relates only to changes in the appropriations and provisions relative to the fiscal year 1971-72.
Section 1. An Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Appropriations Act", ap proved March 19, 1971 (Ga. Laws 1971, p. Ill), is hereby amended by striking from the first paragraph after the enacting clause the following:
"$1,189,600,000.00"
and inserting in lieu thereof the figure:
"$1,150,000,000.00".
Section 2. Said Act is further amended by striking from Section 5.A., relating to Superior Courts, the figure "$2,445,159" and inserting in lieu thereof the figure "$2,723,134".
Section 3. Said Act is further amended by striking from Section 5.B., relating to District Attorneys, the figure "$1,403,775", and insert ing in lieu thereof the figure "$1,452,775".
Section 4. Said Act is further amended by striking from Section 6. relating to the reports of the Supreme Court and Court of Appeals, the figure "$53,000", and inserting in lieu thereof the figure "$32,000".
Section 5. (a) Said Act is further amended by striking from Section 7.A., relating to the State Board of Education and the Depart* ment of Education, the figure "$412,526,841" and inserting in lieu thereof the figure "$410,835,141".

TUESDAY, FEBRUARY 22, 1972

1671

(b) Said Act is further amended by adding after the appropria~ tion for operations in Section 7.A., the following:

"Changed Objects:
Personal Services __________________________. $ 24,676,068 Operating Expenses __________._.___... $ 20,602,699 Grants for Instruction and Service
to the Handicapped _,,____.__..___._ $ 953,818 Teachers Salaries--Section 11 .___.....____. $219,957,954 Teachers Salaries--Section 12 _____..____. $ 38,579,382 Teachers Salaries--Section 20 _________.. $ 13,670,205 Maintenance, Operation and Sick Leave ._._,, $ 42,450,446 Mid-Term Adjustment ._________..__.___.. $ --0-- High School Program ._______.______.__.__ $ 10,442,219 Area Vocational Technical Schools ______.. $ 17,899,212 Grants to Fernbank Science Center __._........ $ 100,000 Early Childhood Development Services ...__...__ $ 500,000."
(c) Said Act is further amended by striking from Section 7.A., the next to the last proviso and inserting in lieu thereof the following:
"Provided that of the above appropriated amount relative to Operating expenses, $60,000.00 is designated and committed for use at the LaGrange Area Sheltered Workshop."

(d) Said Act is further amended by adding at the end of Section 7.A., the following provisos:

"Provided that of the above appropriated amount relative to Operating expense, the sum of $35,000 is designated and committed for land clearing and construction at the Atlanta Area School for the Deaf."

"Provided that of the above appropriated State funds, $45,000 is designated and committed for the purpose of improving and enlarging the electrical distribution system at the Georgia School for the Deaf at Cave Springs, Georgia."

"Provided that of the above appropriation $5,000 is designated and committed for the purpose of purchasing a cassette tape copy ing machine for the Library for the Blind in Atlanta."

"Provided that of the above appropriated amount relative to Operating Expenses, an additional $286,218 is designated and com mitted for use in Vocational Rehabilitation case services."

"Provided that of the above appropriated amount relative to Grants for Instruction and Services to the Handicapped, the sum* of $50,000 is designated and committed solely for the purpose of providing funds to the Houston County Board of Education for equal payment to the Houston County Speech and Hearing School and the Happy Hoar School for Exceptional Children."

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"Provided that of the above appropriated amount relative to Grants for Instruction and Services to the Handicapped, the sum of $50,000 is designated and committed solely for the purpose of providing funds to the Pulton County Board of Education for payment to the Elaine Clark School for Exceptional Children, for the Foundation for Children with Acute Multiple Handicaps, Inc."

"Provided that of the above appropriated amount, the sum of $50,000 is designated and committed for the purpose of providing funds to local Boards of Education for payment to non-profit schools qualified to provide education for children with learning disabilities when such facilities are not available in the public school system."

"Provided that of the above appropriated amount, relative to Early Childhood Development Services, the entire appropriation shall be utilized to ascertain those children who are mentally and physically deficient and to provide treatment for such children during preschool years, and for the purpose of funding a kinder
garten or preschool program for those children in areas that qualify under Title IV funds provided the program has been approved by the General Assembly.

Any such program shall be approved and monitored by the State Department of Education, in coordination with the State De partment of Health and the Department of Family and Children Services. It is expressly provided that none of these funds shall be used in connection with a child care services program by any existing or subsequently organized day care center.

Provided, however, that any child may be eligible to participate in this program at the request of his parents and the payment of suitable fees."

Section 6. Said Act is further amended by striking from Section 7.B., relating to Grants Direct to School System for Capital Outlay Purposes, the figure "$2,291,613", and inserting in lieu thereof the figure "$2,191,613".

Section 7. (a) Said Act is further amended by striking from Section 8.A., relating to the State Board of Regents, the figure "$162,953,003", and inserting in lieu thereof the figure "$158,273,241".

(b) Said Act is further amended by adding after the appropria tion for operations in Section 8 the following:

"Changed Objects:
Grants to Junior Colleges .__-________--............__ $ 2,131,600.00 Operating expenses--Education
and General _________________________________________ $38,661,056.00."

Section 7A. Said Act is further amended by striking from Section

TUESDAY, FEBRUARY 22, 1972

1673

8(b) the figure "$1,000,000" and inserting in lieu thereof the figure "$2,616,000", and by adding thereafter the following:

"Changed Objects: Capital Outlay ____,,_,,____,,,,________ $7,616,000.00."

Section 8. Said Act is further amended by striking from Section 8.B., relating to Authority Lease Rentals, the figure "$18,198,790", and inserting in lieu thereof the figure "$17,853,552".

Section 9. Said Act is further amended by striking from Section 9. relating to the Education Improvement Council, the figure "$136,400" and inserting in lieu thereof the figure "$130,400".

Section 10. Said Act is further amended by striking from Section 10. relating to the Higher Education Assistance Corporation, the figure "$706,258", and inserting in lieu thereof the figure "$614,039".

Section 11. Said Act is further amended by striking from Section 10. relating to the Georgia Higher Education Assistance Authority, the figure "$235,461", and inserting in lieu thereof the figure "$201,461".

Section 12. Said Act is further amended by striking from Section 11. relating to the State Scholarship Commission, the figure "$1,199,192", and inserting in lieu thereof the figure "$1,165,192".

Section 13. Said Act is further amended by striking from Section 12. relating to the Medical Education Board, the figure "$251,000", and inserting in lieu thereof the figure "$241,000".

Section 14. Said Act is further amended by striking from Section 13. relating to the Georgia Commission on the Arts, the figure "$107,292", and inserting in lieu thereof the figure "$99,292".

Section 15. (a) Said Act is further amended by striking from Section 14, relating to the Georgia Historical Commission--Operations, the figure "$485,000" and inserting in lieu thereof the figure "$473,500".

(b) Said Act is further amended by adding at the end of Section 14 the following:

"Changed Object: Operating Expenses __,,,,_______________..__...__._ $127,670",

and by adding the following proviso:

"Provided that of the above appropriation, $10,000 is desig nated and committed for the activities of the Georgia Commission for the Bicentennial Celebration."

Section 16. (a) Said Act is further amended by striking from

1674

JOURNAL OF THE HOUSE,

Section 14, relating to the Georgia Historical Commission--Capital Outlay, the figure "$50,000" and inserting in lieu thereof the figure "$81,500".

(b) Said Act is further amended by adding at the end of Section 14 the following:

"Changed Object: Capital Outlay _________________________________ $81,500",

and by adding the following proviso:

"Provided from the above appropriation for Capital Outlay, $50,000.00 is designated and committed for the restoration of the Lapham Patterson house."

Section 17. Said Act is further amended by striking from Section 15. relating to the Teachers Retirement System, the figure "$1,500,000", and inserting in lieu thereof the figure "$1,100,000".

Section 18. Said Act is further amended by striking from Section 16. relating to Public School Employees' Retirement System, the figure "$2,451,217", and inserting in lieu thereof the figure "$2,438,717".

Section 19. (a) Said Act is further amended by striking from Section 17.A., relating to the Health Department--Medical Care Ad ministration, the figure "$50,343,635", and inserting in lieu thereof the figure "$45,312,820".

(b) Said Act is further amended by adding at the end of Section 17.A., the following provisos:

"Provided, that at such time as the maximum Medicaid pay ment rate for skilled nursing homes shall be raised to $330 per month, the maximum 'Medicaid payment rate for intermediate care facilities shall be raised to $280 per month."

"Provided, all the above increases in nursing home payments shall become effective April 1,1972."

"Provided, the Department shall allow 75% of the regular Medicaid payment for nursing home beds held vacant up to and including ten days for Medicaid patients who are hospitalized dur ing a stay in a nursing home, subject to such additional regulations the Department may require."

"Provided, that $45,000 of the above appropriation is desig nated and committed for the Georgia Medical Care Foundation contract for the last six months of fiscal 1972."

"Provided, that of the above appropriation $25,000 is desig nated and committed for treatment of cystic fibrosis*"

TUESDAY, FEBRUARY 22, 1972

1675

Section 20. Said Act is further amended by striking from Section 17.B., relating to the Health Department-Health Surveillance and Disease Control, the figure "$7,101,895", and inserting in lieu thereof the figure "$6,907,627".

Section 21. (a) Said Act is further amended by striking from Section 17.C., relating to the Health Department--Community Health Services and Facilities, the figure "$10,891,700", and inserting in lieu thereof the figure "$9,716,545".

(b) Said Act is further amended by adding at the end of Section 17.C., the following proviso:

"Provided, that of the above appropriation, $885,000 in State funds is designated and committed for mental retardation grants to counties for day care centers."

Section 22. Said Act is further amended by striking from Section 17.D., relating to the Health Department--Environmental Health-- Water Quality Control, the figure "$9,587,400", and inserting in lieu thereof the figure "$650,200".

Section 23. Said Act is further amended by striking from Section 17.D., relating to the Health Department--Environmental Health-- Water Quality Control, the figure "$1,905,845", and inserting in lieu thereof the figure "$1,850,355".

Section 24. Said Act is further amended by striking from Section 17.E., relating to the Health Department--Mental Health, the figure "$79,859,740", and inserting in lieu thereof the figure "$77,176,678".

Section 25. (a) Said Act is further amended by striking from Section 17.F., relating to the Health Department--General Administra tion, the figure "$3,931,735", and inserting in lieu thereof the figure "$4,280,493".

(b) Said Act is further amended by adding at the end of Section F., the following:

"Changed Objects:
Personal Services _______________._._____.________,,___________,,__ $ 84,265,678 Operating Expenses ..._--_~___-____.----__ $ 26,988,879 Grants--Benefit Payments .__.._._._.__.....______ $141,380,415 Grants to Diagnostic and
Evaluation Centers ___________________________________ $ 65,000 Grants to Counties--Health Services _____._ $ 12,552,900."

Section 26. Said Act is further amended by striking from Section 18. relating to the Department of Labor, the figure "$420,800", and inserting in lieu thereof the figure "$400,799".

Section 27. Said Act is further amended by striking from Section

1676

JOURNAL OF THE HOUSE,

19.A., relating to the Highway Department, the figure "$156,943,454", and inserting in lieu thereof the figure "$144,120,652.16".

Section 28. (a) Said Act is further amended by striking from Section 19.E., relating to the Highway Department--Airport Develop ment, the figure "$976,347", and inserting in lieu thereof the figure
"$890,347".

(b) Said Act is further amended by adding at the end of Section 19.E., the following:

"Changed Object: Capital Outlay .,,.-...._,,_....-_.._-.-,,..-..______-_.-.....-...._,,_- $890,347."

Section 29. Said Act is further amended by striking from Section 20. relating to the Public Service Commission, the figure "$882,643", and inserting in lieu thereof the figure "$844,458".

Section 30. Said Act is further amended by striking from Section 21. relating to the Commission on Aging, the figure "$66,539", and inserting in lieu thereof the figure "$62,539".

Section 31. (a) Said Act is further amended by striking from Section 22, relating to the Department of Family and Children Ser vices, the figure "$86,146,538", and inserting in lieu thereof the figure "$77,709,073".

(b) Said Act is further amended by adding at the end of Section 22 the following:

"Changed Objects:
Grants to county-owned deten tion centers .,,,,_._____._,,_._....._._......_....___ $ 1,000,000
Grants to individuals for support ._._...__._..__ $213,899,015 Grants to counties for administration ._____ $ 37,843,000 Personal Services ..____-_--.__.........-.-...-..-.-,,-__. $ 13,685,100."

Section 32. Said Act is further amended by striking from Section 24. relating to the Department of Veterans Service, the figure "$3,454,014", and inserting in lieu thereof the figure "$3,218,197".

Section 33. Said Act is further amended by striking from Section 25.A., relating to the Department of Labor--Employment Security Agency, the figure "$115,000" and inserting in lieu thereof the figure "$105,000".

Section 34. Said Act is further amended by striking from Section 25.B., relating to the Department of Labor--Employment Security Agency--Work Incentive Activity, the figure "$362,739", and inserting in lieu thereof the figure "$322,729".

TUESDAY, FEBRUARY 22, 1972

1677

Section 35. Said Act is further amended by adding at the end of Section 25, relating to the Department of Labor--Employment Security Agency, the following:

"C. Unemployment Compensation Reserve Fund F. Y. 1972 ......__...--....-._..__......__________. $689,000",

and by adding the following:

"Changed Object:
State Unemployment Compensation Reserve Fund ,,____________.____.__________________.__.____ $689,000."

Section 36. (a) Said Act is further amended by striking from Section 26, relating to the Department of Industry and Trade, the figure "$3,199,459.81", and inserting in lieu thereof the figure "$3,142,257".

(b) Said Act is further amended by adding at the end of Section 26 the following:

"Changed Object: Operating Expenses ._....._...__..............___....-...__. $1,186,453",

and by adding the following:

"Provided that of the above appropriation $200,000 is desig nated and committed for the Georgia Ports Authority dredging operations."

Section 37. Said Act is further amended by striking from Section 27. relating to the Science and Technology Commission, the figure "$105,000", and inserting in lieu thereof the figure "$100,000".

Section 38. (a) Said Act is further amended by striking from Section 28, relating to the Department of Agriculture--Operations, the figure "$8,891,530", and inserting in lieu thereof the figure "$8,534,530".

(b) Said Act is further amended by adding at the end of Section 28. the following:

"Changed Object: Operating Expense ,,____--__.__.._.______ $3,186,240",

and by adding the following:
"Provided, that of the above appropriation, $25,000 is desig nated and committed for a contract with the University of Georgia School of Veterinary Medicine, in Athens, Georgia, for animal disease diagnostic services."

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JOURNAL OP THE HOUSE,

Section 38A. (a) Said Act is further amended by striking from. Section 28, relating to the Department of Agriculture--Capital Outlay, the figure "$160,000", and inserting in lieu thereof the figure "$205,000", and by adding immediately thereafter the following:

"Provided, that from the above appropriation $150,000 is designated and committed for construction at the Albany Farmers Market."

(b) Said Act is further amended by adding at the end of Section 28 the following:

"Changed Objects:
Capital Outlay ..._.___----_.-_-_..._-._...-._.._.._._ $ 216,000 Fire ant eradication _____.________.._._.__. $ --0-- Indemnities .._____---_---........,,__.._..____________,,_- $ --0-- Indemnities and fire ant eradication .,,____.,,__..._____ $1,458,600."

Section 39. Said Act is further amended by striking from Section 28, relating to the Department of Agriculture--Fire Ant Eradication Program, the figure "$1,500,000", and inserting in lieu thereof the figure "$1,340,000".

Section 40. Said Act is further amended by striking from Section 28, relating to the Department of Agriculture--Indemnities, the figure "$236,600", and inserting in lieu thereof the figure "$118,600".

Section 41. Said Act is further amended by striking from Section 28. relating to the Department of Agriculture, the last paragraph and inserting in lieu thereof the following:

"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."
Section 42. Said Act is further amended by striking from Section 29. relating to the Department of Mines, Mining and Geology--Opera tions, the figure "$414,100", and inserting in lieu thereof the figure"$411,006".

Section 43. Said Act is further amended by striking from Section 29, relating to the Department of Mines, Mining and Geology--Water Resources Research, the figure "$150,000", and inserting in lieu thereof the figure "$140,000".

Section 44. Said Act is further amended by striking from Section 29, relating to the Department of Mines, Mining and Geology--Topo graphic Information, the figure "$35,000", and inserting in lieu thereof the figure "$27,000".

Section 45. Said Act is further amended by striking from Section

TUESDAY, FEBRUARY 22, 1972

1679

30. relating to the Ocean Science Center of the Atlantic, the figure $490,000", and inserting in lieu thereof the figure "$390,000".

Section 46. Said Act is further amended by striking from Section 31. relating to the Altamaha River Basin Development Commission, the figure "$43,800", and inserting in lieu thereof the figure "$40,800".

Section 47. Said Act is further amended by striking from Section 32. relating to Georgia Commission for the Development of the Chattahoochee River Basin, the figure "$6,920", and inserting in lieu thereof the figure "$5,920".

Section 48. Said Act is furtlier amended by striking from Section 33. relating to the Department of Public Safety--Operations, the figure "$17,252,508", and inserting in lieu thereof the figure "$16,504,127".

Section 49. (a) Said Act is further amended by striking from Section 33, relating to the Department of Public Safety--Capital Out lay, the figure "--0--", and inserting in lieu thereof the figure "$123,000".

(b) Said Act is further amended by adding at the end of Section 33. the following:

"Changed Object: Capital Outlay ............_.._._.._...._......__._....__...... $123,000",

and by adding the following:

"Provided, that of the above appropriation $100,000 is desig nated and committed for the construction of a State Patrol Bar racks in Clarke County."

Section 50. Said Act is further amended by striking from Section 34. relating to the Pharmacy Board, the figure "$239,842", and inserting in lieu thereof the figure "$234,842".

Section 51. Said Act is further amended by striking from Section 35. relating to the State Board of Probation, the figure "$2,168,400", and inserting in lieu thereof the figure "$2,067,949".

Section 52. Said Act is further amended by striking from Section 36. relating to the State Board of Pardons and Paroles, the figure "$1,360,500", and inserting in lieu thereof the figure "$1,305,500".

Section 53. Said Act is further amended by striking from Section 37. relating to the State Board of Corrections--Operations, the figure "$16,789,693", and inserting in lieu thereof the figure "$16,733,979".

Section 54. (a) Said Act is further amended by striking from Section 37, relating to the State Board of Corrections--Capital Outlay,

1680

JOURNAL OF THE HOUSE,

the figure "$440,000", and inserting in lieu thereof the figure "$270,000".

(b) Said Act is further amended by adding at the end of Section 37 the following:

"Changed Object: Capital Outlay ____________________________._______.__._______._..... $270,000",

and by adding the following:

"Provided, that $20,000 of the above appropriation is desig nated and committed for the construction of a fire station at the Georgia Industrial Institute at Alto, Georgia."

Section 55. Said Act is further amended by striking from Section. 37. relating to the State Board of Corrections--Authority Lease Rentals, the figure "$1,273,000", and inserting in lieu thereof the figure "$840,000", and by adding at the end thereof the following:

"Changed Object: Authority Lease Rentals _____---_-___-.....__-....____........___. $840,000."

Section 56. Said Act is further amended by striking from Section 38. relating to the Coordinator of Highway Safety, the figure"$103,450", and inserting in lieu thereof the figure "$100,450".

Section 57. Said Act is further amended by striking from Section 39. relating to the Department of Defense, the figure "$1,134,775", and inserting in lieu thereof the figure "$1,063,947".

Section 58. Said Act is further amended by striking from Section 40. relating to the Comptroller General, the figure "$1,837,600", and inserting in lieu thereof the figure "$1,775,100", and by adding at the end thereof the following:

"Changed Objects:
Personal Services __.____,,.___.____,,_________________ $1,394,791 Operating Expenses ,,,,....______--_,,____...__... $ 418,842."

Section 59. Said Act is further amended by striking from Section 41. relating to the Department of Banking, the figure "$890,803", and inserting in lieu thereof the figure "$840,803".
Section 60. Said Act is further amended by striking from Section 42. relating to the Literature Commission, the figure "$18,400", and inserting in lieu thereof the figure "$16,400".
Section 61. Said Act is further amended by striking from Section 43. relating to the Game and Fish Commission--Operations, the figure "$5,400,872", and inserting in lieu thereof the figure "$5,324,461".

TUESDAY, FEBRUARY 22, 1972

1681

Section 62. Said Act is further amended by striking from Section 43, relating to the Game and Pish Commission--Capital Outlay, the figure "$682,000", and inserting in lieu thereof the figure "$404,500".

Section 63. Said Act is further amended by striking from Section 43.A., relating to the Groverland Lake Development Commission, the figure "$100,000", and inserting in lieu thereof the figure "$92,000".

Section 64. Said Act is further amended by striking from Section 44. relating to the Recreation Commission, the figure "$121,385", and inserting in lieu thereof the figure "$117,585".

Section 65. Said Act is further amended by striking from Section 46, relating to the Jekyll Island Committee, the figure "$200,000", and inserting in lieu thereof the figure "$190,000".

Section 66. Said Act is further amended by striking from Section 47, relating to the North Georgia Mountains Commission, the figure "$295,697", and inserting in lieu thereof the figure "$268,697".

Section 67. Said Act is further amended by striking from Section 48, relating to the Lake Lanier Island Development Commission, the figure "$839,000", and inserting in lieu thereof the figure "$759,000".

Section 68. (a) Said Act is further amended by striking from Section 49, relating to the Department of Parks--Operations, the figure "$2,479,450", and inserting in lieu thereof the figure "$2,453,603".

(b) Said Act is further amended by adding at the end of Section 49 the following:

"Changed Objects:
Personal Services ...,,,,_,,..___,,_-_.,,-......_......_.-.__-.-... $2,218,061 Operating Expenses __...__..___.--_..._,,.____....__ $1,620,207 Grants for Land Acquisition .__________..._._......._,, $ 200,000",

and by adding the following provisos:
"Provided, that of the above appropriation, $6,500 is desig nated and committed for the study of potential park sites in Pauld^ ing County and for purchasing options thereon."

(c) Said Act is further amended by striking from Section 49 the second paragraph following "Changed Objects" which reads as follows:

"Provided, that from the above PY 1972 appropriation for operations, $100,000 is designated and committed to provide no more than 25% matching of Federal and local funds for land acquisition for Tired Creek Park B.O.R. No. 10--00060",

and substituting in lieu thereof the following language:

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"Provided, that from the above FY 1972 appropriation for operations, $200,000 is designated and committed to provide no more than 25% matching of Federal and local funds for land acquisition for Tired Creek Park B.O.R. No. 10--00060."

Section 69. Said Act is further amended by striking from Section 49. relating to the Department of Parks--Capital Outlay, the figure "$924,892", and inserting in lieu thereof the figure "$874,892".

Section 70. Said Act is further amended by striking from Section 50. relating to the Soil and Water Conservation Committee, the figure "$506,700", and inserting in lieu thereof the figure "$469,500".

Section 71. Said Act is further amended by striking from Section 51. relating to the Forest Research Council, the figure "$520,200", and inserting in lieu thereof the figure "$502,600", and by adding at the end of Section 51 the following:

"Provided, that of the above appropriations, not less than $75,000 is designated and committed to the Herty Foundation for wood use research."

and by adding at the end of said Section the following:

"Changed Objects: Operating Expenses .___.._.__.__~__~___--_.~ $463,035."

Section 72. Said Act is further amended by striking from Section 52. relating to the Forestry Commission, the figure "$7,055,371", and inserting in lieu thereof the figure "$6,706,123".

Section 73. Said Act is further amended by striking from Section 53. relating to the Mineral Leasing Commission, the figure "$5,000", and inserting in lieu thereof the figure "$2,000".

Section 74. Said Act is further amended by striking from Section 54. relating to the Department of Mines, Mining and Geology, Surface Mined Land Use Board, the figure "$160,271", and inserting in lieu thereof the figure "$150,271".

Section 75. Said Act is further amended by striking from Section 55. relating to the State Treasury, the figure "$168,200", and inserting in lieu thereof the figure "$163,200".

Section 76. Said Act is further amended by striking from Section 56. relating to the Budget Bureau, the figure "$579,190", and inserting in lieu thereof the figure "$546,260".

Section 77. Said Act is further amended by striking from Section 57. relating to the Department of Revenue, the figure "$14,431,300", and inserting in lieu thereof the figure "$14,111,185".

TUESDAY, FEBRUARY 22, 1972

1683

Section 78. Said Act is further amended by striking from Section 58, relating to the Employees' Retirement System, the figure "$715,000", and inserting in lieu thereof the figure "$115,000".

Section 79. Said Act is further amended by striking from Section 61, relating to the Secretary of State--Operations, the figure "$3,808,490", and inserting in lieu thereof the figure "$3,010,610".

Section 80. Said Act is further amended by striking from Section 61. relating to the Secretary of State--Special Repairs, the figure "$100,000", and inserting in lieu thereof the figure "$-0-".

Section 81. Said Act is further amended by striking from Section 62. relating to the State Library, the figure "$140,162", and inserting in lieu thereof the figure "$130,564".

Section 82. Said Act is further amended by striking from Section 63. relating to the State Computer Service Center, the figure "$400,000", and inserting in lieu thereof the figure "$422,528".

Section 83. Said Act is further amended by striking from Section 64. relating to the Supervisor of Purchases, the figure "$1,144,504", and inserting in lieu thereof the figure "$1,020,600", and by adding at the end thereof the following:

"Changed Objects:
Personal Services _.______________.___.__--_--____..............--.....$540,351 Operating Expenses ___________.____._____________.$ 90,000."

Section 84. Said Act is further amended by striking from Section 65. relating to the Capitol Square Improvement Committee, the figure "$150,000", and inserting in lieu thereof the figure "$772,880".

Section 85. Said Act is further amended by adding immediately before the word "Construction" in Section 65, relating to the Capitol Square Improvement Committee, the following:

"Special Repairs F. Y. 1972 ______________________.__________,_,,_,,_-_-_-_---$ 80,000."

Section 86. (a) Said Act is further amended by striking from Section 66, relating to the State Properties Control Commission, the figure "$50,000", and inserting in lieu thereof the figure "$91,588".

(b) Said Act is further amended by adding at the end of Section 66 the following:

"Changed Object: Operating Expenses _.__....___________________.__..._.._$ 58,797",

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JOURNAL OF THE HOUSE,

and by adding the following:

"Provided that of the above appropriation $45,000 is designated and committed for use at the old State Capitol in Milledgeville."

Section 87. Said Act is further amended by striking from Section 67. relating to the Department of Air Transportation, the figure "$314,756", and inserting in lieu thereof the figure "$310,317".

Section 88. Said Act is further amended by striking from Section 68. relating to the Executive Department--Office of the Governor, the figure "$638,200", and inserting in lieu thereof the figure "$621,200".

Section 89. Said Act is further amended by striking from Section 69. relating to the Executive Department--Governor's Emergency Fund, the figure "$2,000,000", and inserting in lieu thereof the figure "$1,800,000".

Section 90. (a) Said Act is further amended by striking from Section 71, relating to the Bureau of State Planning and Community Affairs--Operations, the figure "$894,085", and inserting in lieu thereof the figure "$1,062,217".

(b) Said Act is further amended by adding at the end of Section 71 the following:

"Changed Object: Operating Expenses ________________.._.....________________________.._._...$725,404",

and by adding the following:

"Provided, that from the above appropriation $173,000 is designated and committed for continuing the methadone maintenance contract with the Narcotics Treatment Center."

Section 91. (a) Said Act is further amended by striking from Section 71, relating to the Bureau of State Planning and Community Affairs--Grants, the figure "$1,189,031", and inserting in lieu thereof the figure "$1,173,899".

(b) Said Act is further amended by adding at the end of Section 71 the following:

"Changed Object:
Grants to Area Planning and Development Commissions _--_._____________________$!,173,899."

Section 92. Said Act is further amended by adding a new Section to be known as Section 72A to read as follows:

TUESDAY, FEBRUARY 22, 1972

1685

"Section 72A. Department of Administrative Services. Operations
F. Y. 1972 ___________________________________---_--$ 155,000."

Section 93. Said Act is further amended by adding a new Section to be known as Section 72B to read as follows:

"Section 72B. In addition to all other appropriations for the fiscal year ending June 30, 1972, there is hereby appropriated to the budget units designated hereinafter the amounts listed for each such budget unit for personal services:

Budget Unit

Amount

Department of Agriculture _.__________________________,,_$ 4,268 Georgia Regional Hospital at Augusta ._.__-----__--_----_ 269 Department of Banking _________________,,______________________ 1,056 Battey State Hospital _____,,__.________._____________._____________.__...___ 4,209 Central State Hospital ________________________________________________ 46,810 Office of Comptroller General ______ ... ______ _____________________ 600 State Board of Corrections _______________________________________ 1,263 Department of Defense __.__----___________,,________ 1,200 State Board of Education ___________________________________ 47,569 Department of Family and Children Services _------.--_.--_ 8,000 Georgia Forestry Commission ____________________________________ 321 State Game and Fish Commission ________________________________ 1,290 Gracewood State Hospital _______________________________ 5,398 Department of Public Health _________________________..____.______. 22,000 Office of Coordinator of Highway Safety ________________________ 307 Department of Industry and Trade ___________________________ 486 Department of Labor ________________________________________________ 190 State Library _______________________________________________ 145 Georgia Mental Health Institute ___________________________ 1,056 Georgia Mental Retardation Center __________________________________________ 338 Department of Mines, Mining, and Geology ____________________________ 369 Ocean Science Center of the Atlantic _____________________ 155 State Board of Pardons and Paroles ________________________________________ 1,152 Department of State Parks ______________________________.____._______.__._,,___ 824 State Board of Pharmacy ______________________________ 97 State Board of Probation ____________________________________________________________ 145 Department of Public Safety ______________________________________ 3,733 Georgia Public Service Commission __________________________________________ 1,853 Georgia Recreation Commission _______________________________________________ 255 State Purchasing Department _________________________________________________ 445 State Revenue Department _________________________ 18,808 Department of Secretary of State ____________________________________________ 3,309 Department of Veterans Service ___________________________________,,_.______ 769 State Board of Workmen's Compensation __________________________ 880 Youth Development Center _______________________________ 4,071."

Section 94. Said Act is further amended by striking from the end of Section 76 the figure "$1,224,342,003.71", which was the total ap propriations for F. Y. 1972, and inserting in lieu thereof the figure "$1,175,800,051.06".

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ARTICLE II.

Section 95. All expenditures and appropriations made and au thorized under this Act shall be according to the Governor's recom mendations contained in the Budget Report relating to changes for the fiscal year ending June 30, 1972, which report was presented to the General Assembly at the regular 1972 session, except as otherwise specified in this Act. 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 aforesaid Budget Report.

Section 96. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 97. 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 1204 was disagreed to.

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 1204. By Messrs. Smith of the 43rd, Floyd of the 7th, Murphy of the 19th, and others:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1971-72 and 1972-3, known as the "General Ap propriations Act", so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1972; and for other purposes.

Mr. Busbee of the 61st moved that the House do now adjourn until 10:00 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 10:00 o'clock, tomorrow morning.

WEDNESDAY, FEBRUARY 23, 1972

1687

Representative Hall, Atlanta, Georgia Wednesday, February 23, 1972

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. Carter Berkley, Pastor, First Methodist Church, Waynesboro, Georgia.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.
The Journal was confirmed.
By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.
The following report of the Committee on Rules was read and adopted:
Mr. Speaker:
Your Committee on Rules met and fixed the calendar for today's business, Wednesday, February 23, 1972, and submits the following:
HB 1106. Court Minutes Filing of Tapes HB 1124. State Bar Exam, law school graduates (Without Com.
Recom.)

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JOURNAL OF THE HOUSE,

HB 1125. Bank Charters, applications HB 1128. Department of Public Safety, Director Compensation HB 1155. Divorce & Alimony, Revise Laws HB 1179. Utility Rates, 30 days prior notice HB 1191. Ordinary Retirement Fund, Vacancies HB 1192. Ordinary Retirement Fund, Member Term HB 1194. Ordinary Retirement Benefits, Age HB 1196. Retirement Fund Ordinaries, Secretary Treasurer HB 1216. Ga. Comm. for the Nat'1 Bicentennial Celebration HB 1223. Rezoning, Certain Applications & Rep. HB 1291. Cruelty to Animals, Colored Chicks HB 1313. Emp. Awards Board, Compensation HB 1320. Certain State Officials, Compensation HB 1393. Superior Court Judges, employ secretaries HB 1394. Franchise, petroleum & gas dealers HB 1400. Veterans' Day, Date of Observance HR 608-1425. Merger of counties, petition of voters HB 1450. Criminal Cases, State Right to Appeal HB 1451. Criminal Trials, Unsworn Statement HR 620-1454. Judicial Circuit, Study Committee HB 1466. Commission on Compensation, reports HB 1474. Counties, Levy Tax, Public Health HB 1475. Fire Fighter's Mediation, City, County HR 633-1485. Private Companies, Corp. Powers and Privileges. HB 1495. Area Planning and Dev. Commissions (Reconsidered) HB 1498. State Owned Per. Prop., Central Inventory HR 643-1498. Relocation Ass't. and Land Acquisition, Grants HR 678-1585. Scholarships, children, POW's HR 681-1585. Lease Property, City of Pelham HB 1594. Uniform Relocation Ass't., financial ass'ts. HB 1595. Highway Department, subletting contracts HB 1629. School bus drivers, sick leave HB 1672. Eminent domain, special master, salary

WEDNESDAY, FEBRUARY 23, 1972

1689

HB 1680. Illegitimate child, support of
HB 1768. City of Atlanta, Corporate Limits (Without Committee Rec.)

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 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 1863. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act incorporating the City of Union Point, so as to authorize the Mayor and Council of said City to sell, lease or otherwise transfer land belonging to the City of Union Point and held for industrial development, upon such terms and condi tions as the Mayor and Council shall determine; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1864. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act placing certain county officers of Greene County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the superior court, the ordinary, and the coroner of Greene County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1865. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act incorporating the City of Union Point, so as to provide that the Mayor and City Council may appoint a Recorder to serve as judge of the Mayor's Court of the City of Union Point; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

1690

JOURNAL OF THE HOUSE,

HB 1866. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Madison, so as to change the compensation of the Mayor and Aldermen of said City; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1867. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act placing the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Morgan County on a salary basis in lieu of the fee system of compensa tion, so as to change the compensation of the Clerk of the Superior Court and the Ordinary of Morgan County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1868. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Morgan County into the office of Tax Commissioner, so as to change the compensation of the Tax Commissioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1869. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to abolish the method of compensating the Clerk of the Superior Court and the Ordinary of Lumpkin County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1870. By Mr. Colwell of the 5th: A Bill to be entitled an Act to provide an annual salary for the Tax Commissioner of Lumpkin County in lieu of all fees; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 1871. By Mr. Colwell of the 5th: A Bill to be entitled an Act to amend an Act changing the method of

WEDNESDAY, FEBRUARY 23, 1972

1691

compensating the sheriff of Union County from the fee system to the salary system, so as to change the salary of said sheriff; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1872. By Messrs. Coney of the 118th, Dean of the 19th, Thomason of the 77th, Morgan of the 23rd, Gunter of the 6th and Bennett of the 71st:
A Bill to be entitled an act to provide for Solid Waste Management; to provide for a declaration of public policy relative to solid waste management; to provide for definitions; to provide for the powers and duties of the Director of the Division of Environmental Protection of the Department of Human Resources; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 1873. By Messrs. Keyton and Russell of the 70th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for public school teachers, so as to provide for service credit for certain services rendered by a member; and for other purposes.
Referred to the committee on Retirement.

HB 1874. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to provide for the creation of a system governing certain purchases within certain counties; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1875. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act creating the Henry County Water Authority, so as to change the name of the Henry County Water Authority to the Henry County Water and Sewerage Authority; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1876. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to create a court to be known as the "State Court of Henry County"; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

1692

JOURNAL OF THE HOUSE,

HB 1877. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to create a five member Board of Commis sioners of Henry County and a fulltime chairman; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1878. By Mr. Knowles of the 22nd: A Bill to be entitled an Act to authorize the Board of Commissioners of Henry County, for regulatory and revenue purposes to levy and collect a license tax from any person, firm or corporation, except those subject to regulation by the Georgia Public Service Commission, who may maintain a place of business in any area outside the incorporated limits of municipalities; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HR 783-1878. By Mr. Farrar of the 77th: A Resolution creating the School Tax Revision Study Committee; and for other purposes.
Referred to the Committee on Education.
HR 784-1878. By Mr. Farrar of the 77th: A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for a program or programs of loans, scholarships and grants, and the insuring of loans and payment of interest on loans to citizens of this State for educa tional purposes; and for other purposes.
Referred to the Committee on Education.
HR 785-1878. By Mr. Potts of the 30th: A Resolution compensating Mr. Robert A. Davenport; and for other purposes.
Referred to the Committee on Appropriations.
HB 1881. By Messrs. Moyer and Nunn of the 41st and Grahl of the 40th: A Bill to be entitled an Act to amend the "Perry-Fort Valley Airport Authority Act", so as to provide said authority with the right and power of eminent domain; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

WEDNESDAY, FEBRUARY 23, 1972

1693

HB 1882. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Bleckley County, so as to provide for an additional clerk for the tax commissioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1883. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of com missioner of Bleckley County, so as to change the compensation of the clerical assistant to the commissioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 1884. By Messsrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cochran, so as to provide that, in order for candidates to be elected or nominated to the office of mayor or aldermen, they must receive a majority of the votes cast; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1885. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act placing the tax collector of Bleckley County upon an annual salary, so as to change the com pensation of the clerk of the tax collector; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1886. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Pulaski County upon an annual salary, so as to change the compensation of the clerical assistant to the clerk; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1887. By Messrs. Jessup and Tripp of the 49th: A Bill to be entitled an Act to amend an Act placing the ordinary

1694

JOURNAL OF THE HOUSE,

of Pulaski County upon an annual salary, so as to change the compen sation of the deputy to the ordinary; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1888. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act fixing the salaries of cer tain officers of Bleekley County, so as to change the compensation of the clerk of the ordinary; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1889. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Bleekley County upon an annual salary, so as to change the compensation of the clerical assistant to the clerk; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1890. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Pulaski County, so as to change the compensation of the deputy to the tax commissioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1891. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to create the Hartford Water Authority which shall be located in Pulaski County and State of Georgia and shall hereinafter be referred to as the Hartford Water Authority; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1892. By Messrs. Jordan and Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to change the compensa tion of certain personnel employed within the sheriff's office; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

WEDNESDAY, FEBRUARY 23, 1972

1695

HB 1893. By Messrs. Potts, Knight, Ware and Mullinax of the 30th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Haralson, so as to change the corporate limits of said Town; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1894. By Messrs. Ware, Mullinax, Potts and Knight of the 30th:
A Bill to be entitled an Act to abolish the justice courts, the offices of the notary public ex officio justice of the peace, the offices of constable in Troup County; to establish the Small Claims Court of Troup County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1895. By Messrs. Lane of the 101st, Alexander of the 96th, Savage of the 104th, Horton of the 95th and others:
A Bill to be entitled an Act to repeal the Charter of the City of Pal metto in Fulton County and Coweta County; to provide for the inclusion of the present territory of said city of Palmetto within the boundaries of the City of South Fulton upon certain contingencies; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1896. By Messrs. Lane of the 101st, Alexander of the 96th, Savage of the 104th, Horton of the 95th and others:
A Bill to be entitled an Act to repeal the Charter of the City of Hapeville in Fulton County; to provide for the inclusion of the present territory of said City within the boundaries of the City of South Fulton upon certain contingencies; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1897. By Messrs. Lane of the 101st, Alexander of the 96th, Savage of the 104th, Horton of the 95th and others:
A Bill to be entitled an Act to repeal the Charter of the City of Fairburn in Fulton County; to provide for the inclusion of the present territory of said City of Fairburn within the boundaries of the City of South Fulton upon certain contingencies; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

1696

JOURNAL OF THE HOUSE,

HB 1898. By Messrs. Lane of the 101st, Alexander of the 96th, Savage of the 104th, Horton of the 95th and others:
A Bill to be entitled an Act to repeal the Charter of the City of East Point in Fulton County; to provide for the inclusion of the present territory of said City within the boundaries of the City of South Fulton upon certain contingencies; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1899. By Messrs. Lane of the 101st, Alexander of the 96th, Savage of the 104th, Horton of the 95th and others:
A Bill to be entitled an Act to repeal the Charter of the City of Union City in Fulton County; to provide for the inclusion of the present territory of said City of Union City within the boundaries of the City of South Fulton upon certain contingencies; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1900. By Messrs. Lane of the 101st, Alexander of the 96th, Adams of the 100th, Stephens of the 103rd, Greer of the 95th, Longino of the 98th and others:
A Bill to be entitled an Act to provide a new charter for the City of College Park in Fulton and Clayton Counties; to change the name thereof to the City of South Fulton; to expand the corporate boundaries^ thereof to include certain unincorporated territory in Fulton County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 786-1900. By Messrs. Ware, Mullinax, Potts and Knight of the 30th:
A Resolution proposing- an amendment to the Constitution so as to< authorize the clerk and deputy clerks of the Small Claims Court of Troup County to do and perform any and all duties which may be required by the judge of said court; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 787-1900. By Messrs. Jessup and Tripp of the 49th:
A Resolution authorizing the conveyance of certain real property located in Pulaski County, Georgia; and for other purposes.
Referred to the Committee on State Institutions and Property.

WEDNESDAY, FEBRUARY 23, 1972

1697

HB 1901. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Horton of the 95th, Alexander of the 96th, Daugherty of the 109th, Alexander of the 108th, Greer, Pelton and Hawes of the 95th:
A Bill to be entitled an Act to amend Code Section 34-1801 relating to Congressional Districts, so as to change the boundaries of the Fifth and Sixth Districts; and for other purposes.
Referred to the Committee on Legislative and Congressional Reapportionment.

HB 1902. By Messrs. Triplett of the 93rd, Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th and Blackshear of the 91st:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Pooler, so as to extend the corporate limits of said Town; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1903. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act granting a new charter to the City of Demorest, so as to change the term of office of the mayor of said city; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1904. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Newnan, so as to provide for the numbering of positions on the Board of Aldermen for election purposes; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1905. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Grantville, so as to enlarge the power of eminent domain and condemnation; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1906. By Messrs. Knight, Potts, Mullinax and Ware of the 30th: A Bill to be entitled an Act to amend an Act creating a Board of Com-

1698

JOURNAL OP THE HOUSE,

missioners of Coweta County, so as to amend, change and redefine the road districts in Coweta County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 788-1906. By Mr. Busbee of the 61st:
A Resolution compensating George A. Hormel and Co.; and for other purposes.
Referred to the Committee on Appropriations.

HB 1907. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, so as to create and establish a new Code Title relative to motor vehicle in surance; to provide for motor vehicle financial security; and for other purposes.
Referred to the Committee on Insurance.

HB 1908. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to provide for no-fault automobile insurance; to provide a short title; to provide definitions; to provide that the owners of private passenger motor vehicles must maintain continuous security for the payment of benefits; and for other purposes.
Referred to the Committee on Insurance.

HB 1909. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act which increases the salary of the Judge of the Juvenile Court of Glynn County, so as to change the salary of the Judge of the Juvenile Court of Glynn County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1910. 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 change the compensation of the judge of said court; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

WEDNESDAY, FEBRUARY 23, 1972

1699

HB 1911. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to create and establish a new charter for the City of Poulan, so as to abolish the mayor's court and create in lieu thereof a recorder's court for the City of Poulan; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1912. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Code Chapter 56-6, relating to un authorized insurers, so as to provide for quarterly affidavit reports to the Insurance Commissioner from surplus line brokers; and for other purposes.
Referred to the Committee on Insurance.

HB 1913. By Messrs. Turner, Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Chatsworth, so as to require that, in order to be elected to the office of mayor or alderman, a candidate must receive a majority of the votes cast for the particular office and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1914. By Messrs. Rainey of the 47th and Hays of the 1st:
A Bill to be entitled an Act to amend an Act completely and exhaustively revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to authorize the Commission to contract with private landowners for the purpose of public fishing areas; and for other purposes.
Referred to the Committee on Game and Fish.

HB 1915. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend an Act amending Code Section 21-105 and changing the compensation of coroners in certain counties, so as to change the compensation of the coroners in certain counties; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1916. By Messrs. Sweat and Dixon of the 65th: A Bill to be entitled an Act to amend an Act providing and establishing

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JOURNAL OF THE HOUSE,

a new charter for the City of Waycross, so as to extend the corporate limits of the City of Waycross; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 789-1916. By Messrs. Atherton, McDaniell, Howard, Wilson and Kreeger of the 117th: A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Cobb County and the governing authority of each municipality located therein to delegate to the zoning and Palnning Commission and power to plan the zone property in the unincorporated areas and/or incorporated areas of Cobb County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HR 790-1916. By Mr. Toles of the 9th: A Resolution compensating Mrs. Geoffrey A. Cobb; and for other purposes.
Referred to the Committee on Appropriations.
HB 1917. By Messrs. Chance, Nessmith and Lane of the 44th: A Bill to be entitled an Act to abolish the office of Treasurer of Effingham County; to provide that the Board of Commissioners shall appoint depositories for county funds; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1918. By Messrs. Chance, Nessmith and Lane of the 44th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Effingham County and providing for their election and defining the duties of said commissioners, so as to change the provisions relative to filling vacancies; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1919. By Messrs. Chance, Nessmith and Lane of the 44th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Effingham County on an annual salary in lieu of the fee system of

WEDNESDAY, FEBRUARY 23, 1972

1701

compensation, so as to change the provisions relative to the compensation of the sheriff; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1920. By Messrs. Chance, Nessmith and Lane of the 44th:
A Bill to be entitled an Act to amend an Act creating the State Court of Effingham County, so as to provide an annual salary for the solicitor of said court in lieu of the fee system of compensation; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1921. By Messrs. Chance, Nessmith and Lane of the 44th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Effingham County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HR 791-1921. By Messrs. Chance, Nessmith and Lane of the 44th:
A Resolution proposing an amendment to the Constitution so as to empower the governing authority of Effingham County to assess and collect license fees, occupational taxes and amusement taxes against any person, firm or corporation engaging in business outside the municipali ties of Effingham County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 1922. By Messrs. Levitas of the 77th and Moyer of the 41st:
A Bill to be entitled an Act to amend Code Chapter 84-14, relating to the regulation of real estate brokers and salesmen, so as to provide for a special class of license which will permit licenses to engage in the business of selling lots within subdivisions which are regulated by the provisions of the Georgia Land Sales Act of 1972; and for other purposes.
Referred to the Committee on Industry.
HB 1923. By Messrs. Howard, Wilson, Atherton, Kreeger and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating the State Court

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JOURNAL OF THE HOUSE,

of Cobb County, so as to change certain costs in said court; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1924. By Mr. Maxwell of the 17th:
A Bill to be entitled an Act to provide for the appointment of the Madison County School Superintendent by the Board of Education of Madison County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 792-1925. By Messrs. Howard and Burruss of the 117th:
A Resolution proposing an amendment to the Constitution so as to au thorize and direct the County of Cobb to own, operate and maintain a system of wholesale and retail sales outlets for the sale of intoxicating liquors, alcoholic beverages, and spirituous liquors; and for other purposes.
Referred to the Committee on Temperance.

HR 793-1925. By Messrs. Jordan of the 74th and Farrar of the 77th:
A Resolution proposing an amendment to the Constitution so as to au thorize State taxation to pay the salaries of personnel and to pay for the utilization of school facilities for extracurricular and interscholastic activities; and for other purposes.
Referred to the Committee on Education.

HB 1927. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues of Lowndes County, so as to change the compensation of members of the Board of Commissioners; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1928. By Messrs. Bennett, Barfield and Reaves of the 71st:

A Bill to be entitled an Act to consolidate the offices of Tax Receiver

and Tax Collector of Echols County into the office of Tax Commissioner

1

of Echols County; and for other purposes.

Referred to the Committee on State Planning and Community Affairs--Local Legislation.

WEDNESDAY, FEBRUARY 23, 1972

1703

HB 1929. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to create the Echols County Water Author ity; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1930. By Messrs. Lee and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act pertaining to actions of false arrest and false imprisonment and providing defenses thereto under certain circumstances, so as to include police officers, sheriffs, deputy sheriffs, peace officers and other law enforcement officers within the protection of such Act; and for other purposes.
Referred to the Committee on Judiciary.

HB 1931. By Messrs. Floyd, Davis, Granade and Wood of the 75th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating laws relating to the governing authority of DeKalb Coun ty, so as to provide for certain requirements relative to the sale of real estate; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 1932. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to create the Perkins Water Authority in Jenkins County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HR 794-1932. By Messrs. Floyd, Davis, Granade and Wood of the 75th:
A Resolution proposing an amendment to the Constitution so as to provide that a certain portion of DeKalb County lying in the City of Atlanta shall become a part of Fulton County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HR 795-1932. By Messrs. Floyd, Davis, Granade and Wood of the 75th: A Resolution proposing an amendment to the Constitution so as to provide that a certain portion of DeKalb County lying in the corporate limits of the City of Atlanta shall become a part of Fulton County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HR 796-1932. By Messrs. Harrington and Chandler of the 34th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County; and for other purposes.
Referred to the Committee on State Institutions and Property.

HR 797-1932. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Resolution compensating Mobile Home Industries, Inc., Tallahassee, Florida; and for other purposes.
Referred to the Committee on Appropriations.

HR 798-1932. By Messrs, Lee, Odom, Hutchinson and Busbee of the 61st:
A Resolution authorizing and directing the State Highway Department to designate a bridge in Baker County as the James Henderson Hall, Sr., Bridge; and for other purposes.
Referred to the Committee on Highways.

HB 1933. By Messrs. Adams of the 100th and Brown of the 110th, Mrs. Hamilton of the 112th, Messrs. Hawes and Greer of the 95th, Larsen of the 113th, Alexander of the 96th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to repeal an Act authorizing the governing authorities of certain counties to contract for additional group life insurance; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1934. By Messrs. Adams of the 100th and Brown of the 110th, Mrs. Hamilton of the 112th, Hawes and Greer of the 95th, Larsen of the 113th, Alex ander of the 96th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to repeal an Act authorizing Commissioners of Fulton County to provide group insurance; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1935. By Messrs. Adams of the 100th and Brown of the 110th, Mrs. Hamilton of the 112th, Messrs. Hawes and Greer of the 95th, Savage of the 104th, Alexander of the 96th, Larsen of the 113th and others:
A Bill to be entitled an Act to amend an Act creating the Municipal Court of Atlanta (now the Civil Court of Fulton County), so as to authorize the clerk of said court to dispose of original papers in dispossessory proceedings and proceedings against tenants holding over five

WEDNESDAY, FEBRUARY 23, 1972

1705

years after the time for appeal shall have expired following a final order in any such case; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 799-1935. By Messrs. Adams of the 100th, Lane of the 101st, Horton of the 95th, Savage of the 104th, Larsen of the 113th, Alexander of the 96th and others:
A Resolution proposing an amendment to the Constitution so as to authorize Pulton County, with the consent of the city involved, to operate recreational programs in any city lying wholly or partially within such county and having a population of 5,000 or less; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
HB 1936. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County and creating the office of tax commissioner, so as to change the compensation of the tax commissioner for clerical help; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 1937. By Messrs. Parrar of the 77th and Wamble of the 69th:
A Bill to be entitled an Act to amend an Act requiring the State Auditor to establish an equalized adjusted school property tax digest, so as to provide that the equalized adjusted school property tax digest be established for the current calendar year; and for other purposes.
Referred to the Committee on Education.

By unanimous consent, the rules were suspended in order that the following Bills and Resolution of the House could be introduced, read the first time and referred to the committees:

HB 1954. By Messrs. Adams of the 9th, Patterson of the 20th, Shanahan of the 8th, Reaves of the 71st, Jones of the 4th, Colwell of the 5th, Lowrey of the 9th, Northcutt of the 21st and others:
A Bill to be entitled an Act to amend an Act creating a professional practices commission and declaring teaching a profession with all the rights, responsibilities and privileges accorded other legally recognized

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JOURNAL OF THE HOUSE,

professions, so as to give the commission the power to subpoena wit nesses; and for other purposes.
Referred to the Committee on Education.

HR 814-1974. By Messrs. Collins of the 72nd, Floyd of the 7th, Harris of the 10th, Floyd of the 75th, Odom of the 61st, Bell of the 73rd, Evans of the 81st, Pinkston of the 81st, Geisinger of the 72nd and others:
A Resolution proposing an amendment to the Constitution so as to provide for annual appropriations and prohibiting the appropriation of sums of any fiscal year which exceed the Treasury receipts, less refunds received during the immediately preceding fiscal year; and for other purposes.
Referred to the Committee on Appropriations.

HB 1997. By Messrs. Leggett of the 67th, Bohannon of the 20th, Patterson of the 20th, Isenberg of the 67th, Knowles of the 22nd, Strickland of the 56th, McDaniell of the 117th and others:
A Bill to be entitled an Act to provide that each municipal corporation and county shall be required to purchase a group accident policy or in dividual polices to insurance to insure against the deaths of policemen and firemen; to provide for a minimum amount of insurance coverage; and for other purposes.
Referred to the Committee on Insurance.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:
HB 1771. By Mr. Buck of the 84th: A Bill to be entitled an Act to amend an Act providing for a board of elections in each county of this State having a population of more than 155,000 and less than 185,000, so as to change the population figures in said Act; and for other purposes.
HB 1772. By Messrs. Griffin and Conger of the 68th: A Bill to be entitled an Act to amend an Act relating to the compensation of the Treasurer of Decatur County, so as to change the compensation of the treasurer; and for other purposes.
HB 1773. By Mr. Johnson of the 29th: A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Glascock County, so as to change the compensation of the members of the board; and for other purposes.

WEDNESDAY, FEBRUARY 23, 1972

1707

HB 1774. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act fixing the salary of the Treasurer of Glascock County, so as to change the compensation of the treasurer; and for other purposes.

HB 1775. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Glascock County into the office of Tax Commissioner, so as to change the compensation of the tax commissioner; and for other purposes.
HB 1776. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to provide that the county officers of cer tain counties who are compensated from county funds shall not receive any compensation therefrom unless and until they properly account for any funds coming into their possession which belong to the county; and for other purposes.

HB 1777. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to provide that the governing authority of certain counties shall have the books, accounts and fiscal affairs of the county and each county officer audited once every six months; and for other purposes.
HB 1778. By Mr. Lee of the 21st:
A Bill to be entitled an Act to amend Code Section 114-709, relating to review of award or settlement, so as to change the provision which states that new award shall not affect any compensation actually paid to any employee; and for other purposes.

HB 1779. By Messrs. Lee and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act incorporating the City of Riverdale in the County of Clayton, so as to change the qualifications of the mayor and councilmen; and for other purposes.

HB 1780. By Mr. Phillips of the 38th:
A Bill to be entitled an Act to amend an Act entitled "An Act to create a Board of Commissioners of Roads and Revenue in the County of Harris", so as to provide for five members of said board of commis sioners; to provide for a referendum; and for other purposes.

1708

JOURNAL OF THE HOUSE,

HB 1781. By Mr. Hudson of the 48th:
A Bill to be entitled an Act to provide that the condemning' authority shall be required to pay all court costs and reasonable attorney fees connected with any condemnation proceedings; and for other purposes.

HB 1782. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Irwin County upon an annual salary, so as to change the maximum compensation which may be received by the deputy sheriff; and for other purposes.

HB 1783. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Ben Hill County, so as to change the compensation of the members of the board; and for other purposes.

HB 1784. By Messrs. Lane of the 101st, Brantley of the 114th, Adams of the 100th, Brown of the 110th, Hawes of the 95th, Marcus of the 105th and others:
A Bill to be entitled an Act to provide for a homestead exemption of $5,000 for each resident of Fulton County on his home which he owns and which he actually occupies as a residence and homestead; to provide for a homestead of $10,000 for residents of Fulton County who are 65 years of age or who are totally and permanently disabled and the gross income does not exceed $6,000; and for other purposes.

HB 1785. By Messrs, Connell and Dent of the 79th, Mulherin, Miles and Cheeks of the 78th:
A Bill to be entitled an Act to amend an Act entitled "An Act to regulate public instruction in the County of Richmond", so as to change the provisions relative to the budget; and for other purposes.

HB 1786. By Messrs. Connell and Dent of the 79th, Mulherin, Miles and Cheeks of the 78th:
A Bill to be entitled an Act to amend an Act creating an associate judge of the State Court of certain courts, so as to extend the term of said judge; and for other purposes.

HB 1787. By Mr. Morgan of the 23rd:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Newton County, so as to change the qualifications of the Commissioners; and for other purposes.

WEDNESDAY, FEBRUARY 23, 1972

1709

HB 1788. By Messrs. Lowrey, Adams and Toles of the 9th:
A Bill to be entitled an Act to amend an Act placing the district attorney of the Rome Judicial Circuit on an annual salary, so as to change the compensation provisions relating to the assistant district attorney; and for other purposes.

HB 1789. By Messrs, Lowrey, Adams and Toles of the 9th:
A Bill to be entitled an Act to amend an Act creating the State Court of Floyd County, so as to change the compensation provisions relating to the judge of said court; and for other purposes.

HB 1790. By Messrs, Keyton and Russell of the 70th:
A Bill to be entitled an Act to provide that any municipality in Thomas County, and any independent Board of Education in Thomas County, which is authorized to levy ad valorem property taxes, may contract with the Board of Tax Equalizers, the Tax Receiver, and Tax Collector, and the Sheriff of Thomas County to take tax returns and to assess and collect ad valorem taxes; and for other purposes.

HB 1791. By Messrs, Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Tifton, so as to change the provisions relative to vacan cies; to change the provisions relative to expenses of city officials; to provide that the city attorney shall be appointed by the city com mission; and for other purposes.

HB 1792. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act creating a Board of Comcissioners of Tift County go as to require the itemization and approval of all expenses incurred by a county official or employee prior to payment from county funds; and for other purposes.

HB 1793. By Mr. Ross of the 26th:
A Bill to be entitled an Act to allow the Tax Commissioner in certain counties to retain as compensation a part of the fee collected for the transfer of a motor vehicle license and tag; and for other purposes.

HB 1794. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Tifton, so as to change the provisions relative to the election of the Mayor, Vice Mayor and Commissioners; and for other purposes.

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JOURNAL OF THE HOUSE,

HB 1795. By Mr. McDonald of the 15th:
A Bill to be entitled an Act to create the Nicholson Water Authority and to authorize such authority to acquire, construct, operate and maintain self-liquidating projects embracing sources of water supply and the distribution and sale of water and related facilities to individuals, private concerns, and municipal corporations; and for other purposes.

HB 1796. By Mr. Bostick of the 63rd:
A Bill to be entitled an Act to amend an Act known as the "Employment Security Law", so as to change the provisions relating to persons eligible for benefits; to change the provisions relating to withdrawals from the cash deposit escrow fund; and for other purposes.

HB 1797. By Mr. Carr of the 35th:
A Bill to be entitled an Act to abolish the present mode of compensating the coroner of Washington County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1798. By Mr. Carr of the 35th:
A Bill to be entitled an Act to amend an Act creating the State Court of Washington County, so as to change the salaries of the judge and the solicitor of said Court; and for other purposes.

HB 1800. By Mr. Maxwell of the 17th:
A Bill to be entitled an Act to amend an Act amending, consolidating and superseding the several Acts incorporating the City of Colbert and creating a new charter for said city, so as to change the provisions re lating to the compensation of the mayor, councilmen, city clerk, police men, and election officials; and for other purposes.

HB 1802. By Mr. Russell of the 14th:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Oconee County, so as to change the compensation of the commissioners; and for other purposes.

HR 762-1802. By Messrs. Bennett of the 71st and Snow of the 1st:
A Resolution proposing an amendment to the Constitution so as to allow the General Assembly to provide for the selection of grand and traverse jurors in the superior courts from the judicial circuit, or such other geographic region as it may determine; and for other purposes.

WEDNESDAY, FEBRUARY 23, 1972

1711

HR 763-1802. By Messrs. Miles and Mulherin of the 78th, Connell and Dent of the 79th:
A Resolution proposing an amendment to the Constitution so as to provide that the tax commissioner of Richmond County shall be au thorized to accept personal checks for the payment of the registration of motor vehicles and the sale of license plates therefor; and for other purposes.

HR 764-1802. By Messrs. Reaves and Bennett of the 71st:
A Resolution proposing an amendment to the Constitution so as to au thorize the City of Quitman and its governing authority to combine and operate the water and sewerage system, the electric system and gas system as one revenue-producing undertaking, and to issue revenue bonds and secure the payment of said bonds and the interest thereon by pledging the revenues of such combined public utility; and for other purposes.

HR 765-1802. By Mr. Mauldin of the 12th:
A Resolution creating the Vocational Education Study Commission; and for other purposes.

HB 1803. By Messrs. Snow of the 1st, Groover of the 27th, Gunter of the 6th, Nunn of the 41st, Lee of the 61st, and others:
A Bill to be entitled an Act to amend Code Chapter 9-4 relating to the practice of law and the definition and regulation thereof, so as to re define the practice of law; and for other purposes.

HB 1804. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act consolidating all of the laws chartering the City of Summerville, in the County of Chattooga, so as to close a certain tract or parcel of land; and for other purposes.

HB 1805. By Messrs. Bennett of the 81st and Snow of the 1st:
A Bill to be entitled an Act to amend Code Chapter 24-26, relating to judges, so as to provide that the judges of the superior courts shall convene once each year for the purpose of adopting uniform rules of practice for use in the superior courts of this State; and for other purposes.
HR 766-1805. By Mr. Isenberg of the 67th:
A Resolution to componsate Mr. Cleveland Sanders, Jr.; and for other purposes.

1712

JOURNAL OP THE HOUSE,

HR 767-1805. By Messrs. Bohannon and Patterson of the 20th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of the City of Carrollton who is 62 years of age or over and has an income not exceeding $6,000 shall be granted an exemption from ad valorem taxation for educational purposes levied by said city; and for other purposes.

HR 768-1805. By Messrs. Bohannon and Patterson of the 20th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of Carroll County who is 62 years of age or over and has an income not exceeding $6,000 shall be granted an exemption from all ad valorem taxation for educational purposes levied by said county; and for other purposes.

HB 1806. By Messrs. Isenberg and Leggett of the 67th: A Bill to be entitled an Act to repeal an Act entitled "An Act to regulate the taking and possession of salt water crawfish; and for other purposes.
HB 1807. By Messrs. Lane, Chance and Nessmith of the 44th: A Bill to be entitled an Act to amend an Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, so as to change the compensation of the Chairman and the other members of the Board of Commissioners; and for other purposes.

HB 1808. By Messrs. Lane, Chance and Nessmith of the 44th:
A Bill to be entitled an Act to abolish the present mode of compensating the coroner of Screven County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1809. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act fixing the compensation of the clerk of the superior court of Bulloch County, so as to change the provisions relative to the compensation of the clerk, his assistants and typist; and for other purposes.

HB 1810. By Messrs. Lane, Chance and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act entitled "An Act for the election and creation of a board of county commissioners for the County of Screven, so as to change the method of electing members of the board; and for other purposes.

WEDNESDAY, FEBRUARY 23, 1972

1713

HB 1811. 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 Bulloch County (formerly the Civil and Criminal Court of Bulloch County), so as to change the provisions relative to the salaries of the judge and solicitor of said court; and for other purposes.

HB 1812. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Bulloch County on an annual salary, so as to change the provisions relative to the compensation of the sheriff and his deputies; and for other purposes.

HB 1813. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners for Bulloach County, so as to change the compensation of the chairman and members of said board; and for other purposes.

HB 1814. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act providing an annual salary for the ordinary of Bulloch County in lieu of fees, so as to change the provisions relative to the compensation of the ordinary and the amount allowed for clerical help; and for other purposes.

HB 1815. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Bulloch County into the office of tax commissioner, so as to change the provisions relative to the com pensation of the assistants for the tax commissioner; and for other purposes.

HR 769-1815. By Messrs. Lane, Chance and Nessmith of the 44th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Screven County to develop a system of solid waste collection and disposal and expend county funds therefor; and for other purposes.

HB 1816. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act known as the "Lake Lanier Islands Development Commission Act", so as to provide for the power to grant franchise rights for utility services; and for other purposes.

1714

JOURNAL OP THE HOUSE,

HB 1817. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act known as the "Lake Lanier Islands Development Authority, so as to provide for the power to grant franchise rights for utility services; and for other purposes.

HB 1818. By Mr. Coney of the 118th:
A Bill to be entitled an Act to create a new charter for the City of Douglasville; to prescribe the corporate limits of said city; and for other purposes.

HB 1819. By Mr. Coney of the 118th:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Douglas County; to provide for Education Districts; and for other purposes.

HB 1820. By Messrs. Bennett of the 71st and Snow of the 1st:
A Bill to be entitled an Act to amend Code Title 59, relating to juries, so as to provide for circuitwide juries for the superior courts of this State; to amend an Act providing for the selection of jurors in courts with countywide jurisdiction, so as to change the provisions relating to the selection of jurors; and for other purposes.

HB 1821. By Messrs. Ware, Mullinax, Potts and Knight of the 30th, Bray of the 31st, Bohannon and Patterson of the 20th:
A Bill to be entitled an Act to create the office of Assistant District Attorney of the Coweta Judicial Circuit; and for other purposes.

HB 1822. By Messrs. Ware, Mullinax, Potts and Knight of the 30th:
A Bill to be entitled an Act to amend an Act creating a board of com missioners of Heard County, so as to redefine the commissioners dis tricts ; to change the method by which members of the board are elected; and for other purposes.

HB 1823. 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 West Point, so as to authorize and empower the Mayor and Aldermen of the City of grant, bargain, sell and convey upon such terms and for such sums as may be agreed upon, certain specifically described property; and for other purposes.

WEDNESDAY, FEBRUARY 23, 1972

1715

HB 1824. By Messrs. Bennett, Evans, Brown and Pinkston of the 81st and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act reenacting the charter of the City of Macon, so as to change the corporate limits of the City of Macon; and for other purposes.

HB 1825. By Messrs. Brown of the 110th and Bond of the lllth:
A Bill to be entitled an Act to amend Code Section 32-911, relating to the immunization of children as a prerequisite to admission to public schools in this State, so as to provide that all children shall be tested for the presence of Sickle Cell Anemia as a prerequisite to admission to public schools; and for other purposes.

HB 1826. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners for Forsyth County, so as to provide for a five-member board of commissioners; and for other purposes.

HB 1827. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Commissioner of Forsyth County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 1828. By Messrs. Whitmire, Wood and Williams of the llth:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court and the ordinary of Dawson County on an annual salary in lieu of the fee system of compensation, so as to create the office of deputy clerk of the superior court of Dawson County; and for other purposes.

HB 1831. By Messrs, Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act changing the compensation of the clerk of the superior court, the sheriff and the tax commissioner of Forsyth County, so as to change the provisions relating to the ap pointment of deputies by the sheriff; and for other purposes.

HB 1832. By Messrs. Russell of the 77th, Davis of the 75th, Levitas, Farrar and Thomason of the 77th, Vaughn of the 74th, Geisinger of the 72nd:
A Bill to be entitled an Act to provide for two additional judges of the superior courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said circuit to seven; and for other purposes.

1716

JOURNAL OP THE HOUSE,

HB 1833. By Mr. Davis of the 86th:
A Bill to be entitled an Act to provide that persons arrested for violating certain traffic laws may deposit with the apprehending officer their driver's license as bail, in lieu of being immediately brought before the proper magistrate to enter into a formal recognizance or make a deposit of money; and for other purposes.

HB 1834. By Messrs. Evans, Brown, Scarborough and Pinkston of the 81st:
A Bill to be entitled an Act to amend Code Section 30-102, relating to the grounds for total divorce, so as to provide that incompatibility shall constitute a ground for divorce; and for other purposes.

HB 1835. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Commissioner of Rabun County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HR 773-1835. By Messrs. Jordan of the 74th, Thomason, Farrar, Russell and Levitas of the 77th, Dean of the 76th, and Vaughn of the 74th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the Judges of the Superior Courts of the Stone Mountain Judicial Circuit may be elected in a nonpartisan election; and for other purposes.

HR 774-1835. By Messrs. Jordan of the 74th, Farrar and Levitas of the 77th, Dean of the 76th and Vaughn of the 74th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide that the members of the Board of Commissioners of DeKalb County may be elected in a nonpartisan election; and for other purposes.

HB 1836. By Messrs. McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to change the method of electing the members of the Board of Education of Cobb County; to provide for education districts; and for other purposes.

HB 1837. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to provide for the Department of Transporta tion to develop and coordinate long range comprehensive plans for modes of transportation; and for other purposes.

WEDNESDAY, FEBRUARY 23, 1972

1717

HB 1838. By Messrs. Triplett of the 93rd, Jones of the 87th, Alien of the 92nd, Gaynor of the 88th, Gignilliat of the 89th, Battle of the 90th, Hill of the 94th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to create and organize commissioners of Chatham County, who shall be ex officio judges, to define their jurisdiction and duties, and for other purposes", so as to provide that the governing authority of Chatham County shall consist of a chairman and eight commissioners of Chatham County and ex officio judges; and for other purposes.

HB 1839. By Mr. Grantham of the 55th:
A Bill to be entitled an Act to amend an Act placing the district at torneys of the superior courts of this State upon an annual salary, so as to provide for the payment of certain expenses incurred by the district attorneys in the performance of their official duties outside their respective circuits; and for other purposes.

HB 1840. By Mr. Strickland of the 56th:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Hazlehurst, so as to provide that the mayor and com missioners of the City of Hazlehurst shall be ineligible to serve as city manager during their respective terms of office; and for other purposes.

HR 775-1840. By Mr. Russell of the 77th:
A Resolution compensating Mr. George F. Holmes; and for other purposes.

HR 776-1840. By Mr. McDaniell of the 117th:
A Resolution creating the Corridor Loop Study Committee; and for other purposes.

HB 1841. By Mr. Scarborough of the 81st:
A Bill to be entitled an Act to amend an Act comprehensively and exhaustively revising, superseding, and modernizing pretrial, trial and certain post-trial procedure in civil cases, so as to change the provisions relative to written interrogatories; and for other purposes.

HB 1842. By Messrs. Ware of the 30th, Gignilliat of the 89th, Russell of the 70th, Berry of the 85th, Dean of the 19th, Coney of the 118th and others:
A Bill to be entitled an Act to amend an Act providing for the issuance of special motor vehicle license tags to members of the Georgia National

1718

JOURNAL OP THE HOUSE,

Guard, so as to provide for the issuance of free motor vehicle license tags to members of the Georgia National Guard; and for other purposes.

HB 1843. By Mr. Chandler of the 34th:
A Bill to be enitled an Act to amend an Act providing the procedures under which surplus property shall be disposed of, so as to authorize the Georgia Building Authority to participate in the State surplus property program as provided by said Act; and for other purposes.

HR 777-1843. By Messrs. Chandler of the 34th, Smith of the 43rd and Murphy of the 19th:
A Resolution accepting the bid of Southern Railway Company for the lease of certain property (two parcels of land lying and being in Fulton County, and now occupied in part by a facility referred to and known as the "Atlanta Track Welding Shop of the Southern Railway Company") owned by the State of Georgia; and for other purposes.

HB 1844. By Messrs. Lee and Odom 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 duties, powers and jurisdiction of the Bureau of Investigation; to provide for other matters relative to the foregoing; and for other purposes.

HB 1845. By Messrs. Wood of the llth, Oxford of the 46th, Fraser of the 59th, Whitmire of the llth, Milford and Mauldin of the 12th, Smith of the 39th, Moore of the 6th, Jessup of the 49th, Poole of the 10th and many others:
A Bill to be entitled an Act to amend Code Title 56, relating to insurance, so as to authorize the Secretary of State to forfeit the charter of hos~ pital service non-profit corporations and non-profit medical service corporations if the Insurance Commissioner finds and certifies that certain conditions exists; and for other purposes.

HB 1846. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act incorporating the City of Valdosta, so as to change the corporate limits of the City of Valdosta; and for other purposes.

HB 1849. By Messrs. Levitas of the 77th, Davis of the 75th, Bell of the 73rd, Farrar of the 77th, Vaughn of the 74th, Noble of the 73rd, Russell of the 77th, Granade of the 75th and Jordan of the 74th:
A Bill to be entitled an Act to amend an Act establishing a new charter

WEDNESDAY, FEBRUARY 23, 1972

1719

for the City of Atlanta, so as to change the corporate limits of the city; and for other purposes.

HB 1850. By Messrs. Keyton of the 70th, Farrar of the 77th, Jones of the 87th, Matthews of the 63rd, Pinkston of the 81st and Ware of the 30th and others:
A Bill to be entitled an Act to amend the "Minimum Foundation Program of Education Act", so as to change the hasis for alloting teachers and other certificated professional personnel from the number of pupils in average daily attendance to the number of pupils enrolled in the local unit of administration; and for other purposes.

HB 1851. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to provide for the Department of Administra tive Services to allocate, assign and designate office space to all State departments and agencies within the Executive Branch of State govern ment; and for other purposes.

HB 1852. By Mr. Collins of the 62nd:
A Bill to be entitled an Act to repeal an replace the charter for the City of Camilla in the County of Mitchell; and for other purposes.

HB 1853. By Messrs. Greer of the 95th, Longino of the 98th, Savage of the 104th, Horton of the 95th, Alexander of the 96th, Lane of the 101st and others:
A Bill to be entitled an Act to amend an Act creating and incorporating the City of Fairburn, and granting a charter to that municipality under that name and style, so as to add certain additional territory to the corporate limits of said city; and for other purposes.
HB 1854. By Messrs. Longino of the 98th, Greer of the 95th, Savage of the 104th, Horton of the 95th, Alexander of the 96th, Lane of the 101st and others:
A Bill to be entitled an Act to amend an Act creating the City of Fairburn, so as to change the city limits of Fairburn by adding certain addi tional territory to the corporate limits of said city; and for other purposes.
HB 1855. By Messrs. Savage of the 104th, Alexander of the 96th, Greer of the 95th, Marcus of the 105th, Mrs. Hamilton of the 112th, Mr. Adams of the 100th and others:
A Bill to be entitled an Act to create in all counties of this State having a population of 500,000 or more, a City-County Pension Fund Study Commission; and for other purposes.

1720

JOURNAL OF THE HOUSE,

HR 779-1855. By Messrs, Alexander of the 96th, Lane of the 101st, Mrs. Hamilton of the 112th, Messrs, Marcus of the 105th, Greer of the 95th, Hill of the 97th and others:
A Resolution proposing an amendment to the Constitution to remove the millage limitation for the support and maintenance of education in the Pulton County School District; and for other purposes.

HR 780-1855. By Messrs. Alexander of the 96th, Hill of the 97th, Egan of the 116th, Townsend of the 115th, Mrs. Hamilton of the 112th, Messrs. Sav age of the 104th, Marcus of the 105th and others:
A Resolution proposing an amendment to the Constitution so as to au thorize the Board of Education of the City of Atlanta to execute leases for facilities used for school or educational purposes for a term up to 20 years without a referendum or election and without compliance with any other provisions of this Constitution or any provision of any law of the State; and for other purposes.

HB 1856. By Messrs, Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Tallulah Falls, so as to authorize the Mayor and Council to promulgate, levy and provide for the collection of license fees and taxes on privileges, occupations, businesses, trades and professions; and for other purposes.

HB 1857. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act placing the sheriff of Lumpkin County upon an annual salary, so as to change the provisions relative to the compensation of the sheriff; and for other purposes.

HB 1858. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act creating the office of Commissioner of Lumpkin County, so as to change the provisions relative to the compensation of the Commissioner; and for other purposes.

HR 781-1858. By Messrs. Gunter and Moore of the 6th: A Resolution compensating Habersham County; and for other purposes.

HR 782-1S58. By Messrs. Larsen of the 113th, Lane of the 101st, Alexander of the 96th, Atherton of the 117th, Knight of the 30th, Patten of the 63rd, Greer of the 95th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the annual levy and appropriation of one-twentieth of State

WEDNESDAY, FEBRUARY 23, 1972

1721

income taxes for the establishment of a Recreation and Conservation Trust Fund for the State; and for other purposes.

HB 1859. By Mr. Larsen of the 113th:
A Bill to be entitled an Act to amend an Act relating to the manufacture, sale and taxation of wine, so as to provide for an increase in taxes on certain wines; and for other purposes.

HB 1860. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to place the Clerk of the Superior Court of Clarke County and Clerk of the State Court of Clarke County, and the Ordinary of Clarke County on a salary system of compensation; and for other purposes.

HB 1861. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court, the ordinary, the tax collector and the tax re ceiver of Putnam County on a salary basis, so as to change the compen sation of the ordinary; and for other purposes.

HB 1862. By Messrs. Williams of the llth, Brantley of the 52nd, Jordan of the 74th, Adams of the 100th and Wilson of the 117th: A Bill to be entitled an Act to provide for Congressional Reapportionment; and for other purposes.
HB 1880. By Messrs. Floyd of the 7th, Murphy of the 19th and Busbee of the 61st: A Bill to be entitled an Act to amend an Act creating the Claims Ad visory Board, so as to change the provisions relating to the time when a resolution may be introduced and recommendations made thereon by the Board; and for other purposes.
HB 1879. By Messrs. Murphy of the 19th, Floyd of the 7th and Busbee of the 61st: A Bill to be entitled an Act to amend Code Chapter 40-4, relating to the Budget Bureau, so as to provide for information to be included in budget reports, amended budget reports and supplemental budget reports; and for other purposes.
HB 1925. By Messrs. Levitas of the 77th and Burruss of the 117th: A Bill to be entitled an Act to amend an Act creating the Department

1722

JOURNAL OP THE HOUSE,

of Commerce, so as to provide for the membership of the Board of Commissioners of the Department of Industry and Trade by April 1,. 1975; and for other purposes.

HB 1926. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, so as to clarify the arrest powers of the State Fire Marshal and his appointed staff; and for other pur poses.

SB 356. By Senators London of the 50th, Reynolds of the 48th, Overby of the 49th and others:
A Bill to be entitled an Act to amend an Act governing and regulating the use of the public roads and highways in this State, so as to provide that motor vehicles hauling live poultry from a farm to a processing plant and motor vehicles hauling feed shall not exceed certain weight limitations; and for other purposes.

SB 424. By Senators Eldridge of the 7th and Broun of the 46th:
A Bill to be entitled an Act to amend Code Section 47-210, relating to the salaries and fees of the Secretary of the Senate and the Clerk of the House of Representatives, so as to change the method of fixing the compensation and allowances of the Secretary of the Senate; and for other purposes.

SB 451. By Senator Dean of the 6th:
A Bill to be entitled an Act to regulate and control the sale and use of liquid filled bedding and component parts of such bedding; to provide for the labeling of liquid filled bedding; and for other purposes.

SB 476. By Senators Holloway of the 12th, Carter of the 14th, and Holley of the 22nd:
A Bill to be entitled an Act to amend Code Section 13-204, relating to the requirement that a banking business must be organized under the laws of this State or the United States, so as to authorize International Bank Agencies to conduct a banking business under certain circum stances; and for other purposes.

SB 477. By Senators Holloway of the 12th, Carter of the 14th, and Holley of the 22nd:
A Bill to be entitled an Act to authorize, under certain conditions, bank ing corporations organized and licensed under the laws of Puerto Rico-

WEDNESDAY, FEBRUARY 23, 1972

1723

and foreign counties to conduct a banking business in this State; and for other purposes.

SB 555. By Senators Holley of the 22nd and Holloway of the 12th:
A Bill to be entitled an Act to amend Code Section 13-2015, relating to limitations on real estate loans, so as to provide that any State banking corporation may make certain real estate loans upon real estate held as investment or for the purchase of real estate or for the improvement thereof; and for other purposes.

SB 559. By Senator Holley of the 22nd:
A Bill to be entitled an Act to amend Code Title 113, relating to wills, descent, and administration of estates, so as to relieve certain national banking associations, state banks and trust companies from filing the original vouchers with the annual returns of administrators, executors, guardians and trustees; and for other purposes.

SR 266. By Senators Webb of the llth, Riley of the 1st, Scott of the 17th and others:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to exempt from all ad valorem taxa tion the tangible and intangible property of nursing homes, no portion of the net profit from the operation of which can inure to the benefit of any private person; and for other purposes.

Mr. Matthews of the 63rd District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bills and Resolution of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1683. Do Pass. HB 1770. Do Pass. HR 726. Do Pass. SB 414. Do Pass.
Respectfully submitted, Matthews of the 63rd, Chairman.

1724

JOURNAL OF THE HOUSE,

Mr. Floyd of the 7th District, Chairman of the Committee on Appropriations, submitted the following report:

Mr. Speaker:

Your Committee on Appropriations has had under consideration the follow ing Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 45- 83. Do Not Pass.
HR 603-1411. Do Not Pass.
HR 524-1181. Do Not Pass. HR 570-1368. Do Not Pass.
HR 604-1416. Do Not Pass.
HR 239- 747. Do Not Pass.

HR 238- 747. Do Not Pass.

HB

286. Do Not Pass.

HB 1564. Do Not Pass.

Respectfully submitted, Floyd of the 7th, Chairman.

Mr. Farrar of the 77th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 717. Do Pass, by Substitute. HB 1701. Do Pass, as Amended. HB 1829. Do Pass. SB 462. Do Pass.
Respectfully submitted, Northcutt of the 21st, Secretary.

WEDNESDAY, FEBRUARY 23, 1972

1725

Mr. Rainey of the 47th District, Chairman of the Committee on Game and Fish, submitted the following report:

Mr. Speaker:

Your Committee on Game and Fish has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1403. Do Not Pass. HB 1601. Do Not Pass. HB 264. Do Not Pass. HB 957. Do Not Pass.
HB 134. Do Not Pass. HB 4. Do Not Pass, HB 858. Do Not Pass.

Respectfully submitted, Rainey of the 47th, Chairman.

Mr. Vaughn of the 74th District, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1837. Do Pass. HR 776-1840. Do Pass, as Amended.
Respectfully submitted, Vaughn of the 74th, Chairman.

Mr. Lee of the 21st District, Chairman of the Committee on Industrial Re lations, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the

1726

JOURNAL OF THE HOUSE,

following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1778. Do Pass. Respectfully submitted, Brown of the 110th, Secretary.

Mr. Dixon of the 60th District, Vice-Chairman of the Committee on Insurance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1681. Do Pass. HB 1845. Do Pass. HB 1637. Do Pass. HB 1638. Do Pass.
Respectfully submitted, Dixon of the 65th, Vice-Chairman.

Mr. Snow of the 1st District, Chairman of the Committee on Judicary,. 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 tothe House with the following recommendations:
HB 1718. Do Pass, as Amended. HB 1762. Do Pass, by Substitute. HB 1712. Do Pass, as Amended. HB 1738. Do Pass. SB 377. Do Pass. HB 924. Do Pass, by Substitute.
Respectfully submitted, Snow of the 1st, Chairman.

WEDNESDAY, FEBRUARY 23, 1972

1727

Mr. Smith of the 39th District, Chairman of the Committee on Motor Vehicles, submitted the following' report:

Mr. Speaker:
Your Committee on Motor Vehicles has had under consideration the following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1769. Do Pass. HB 1554. Do Pass. HB 1766. Do Not Pass. HB 1698. Do Pass. HB 59. Do Pass, by Substitute. HB 1730. Do Pass. HB 990. Do Pass. HB 1715. Do Pass. SB 356. Do Pass. HB 1714. Do Pass. HB 1348. Do Pass, as Amended. SB 452. Do Pass, as Amended.

Respectfully submitted, Smith of the 39th, Chairman.

Mr. Dorminy of the 48th District, Chairman of the Committee on Natural Resources, submitted the following report:
Mr. Speaker:
Your Committee on Natural Resources has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1657. Do Pass.
Respectfully submitted, Dorminy of the 48th, Chairman.

1728

JOURNAL OF THE HOUSE,

Mr. Busbee of the Gist 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 to report the same back to the House with the following recommendation:
HR 765-1802. Do Pass.

Respectfully submitted, Busbee of the 61st, Chairman.

Mr. Chandler of the 34th District, Chairman of the Committee on StateInstitutions and Property submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under considera tion the following Bills and Resolutions of the House and Senate and has in structed me to report the same back to the House with the following recommenda tions :

HR 674-1585. Do Pass.

HR 742-1719. Do Pass.

HR 725-1684. Do Pass.

HR 735-1693. Do Pass, by Substitute.

HR 777-1843. Do Pass.

HR 526-1185. Do Pass.

HR 651-1518. Do Pass.

HB 1843. Do Pass.

SB

395. Do Pass.

SB

396. Do Pass.

SB

397. Do Pass.

SB

399. Do Pass, as Amended.

HR 759-1749. Do Pass, by Substitute.

Respectfully submitted, Chandler of the 34th, Chairman.

WEDNESDAY, FEBRUARY 23, 1972

1729

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 House and Senate and has instructed me to report the same back to the House with the following recommendations:

HB 1692. Do Pass.

HB 1700. Do Pass.

HB 1490. Do Pass.

HB 1562. Do Pass.

HR 701-1635. Do Pass.

SB

359. Do Pass.

SB

443. Do Pass by Substitute.

Respectfully submitted, Howell of the 60th, Chairman.

Mr. Levitas of the 77th District, Chairman of the Committee on State Planning and Community Affairs, submitted the following1 report:
Mr. Speaker:
Your Committee on State Planning and Community Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 572-1370. Do Pass. HR 686-1585. Do Pass. HR 687-1585. Do Pass. HR 778-1848. Do Pass. HB 1358. Do Pass. HB 1682. Do Pass. HB 1716. Do Pass HB 1736. Do Pass. HB 1737. Do Pass. HB 1741. Do Pass, as Amended. HB 1742. Do Pass.

1730
HB HB HB HB HB HB HB HB HB HB HB HB HB HB

JOURNAL OP THE HOUSE,
1745. Do Pass. 1746. Do Pass. 1747. Do Pass. 1750. Do Pass. 1751. Do Pass. 1752. Do Pass. 1753. Do Pass. 1754. Do Pass. 1757. Do Pass. 1758. Do Pass. 1759. Do Pass. 1760. Do Pass. 1847. Do Pass. 1848. Do Pass.
Respectfully submitted, Levitas of the 77th, Chairman.

Mr. Lane of the 44th District, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1248. Do Not Pass.
Respectfully submitted, Lane of the 44th, Chairman.

Mr. Melton of the 32nd District Chairman of the Committee on Ways and Means, submitted the following report:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the follow-

WEDNESDAY, FEBRUARY 23, 1972

1731

ing Bills and Resolutions of the House and Senate and has instructed me to report same back to the House with the following recommendations:

HR 355-1046. Do Not Pass.

HR 502-1118. Do Not Pass.

HR 506-1119. Do Not Pass.

HR 507-1119. Do Not Pass.

HR 508-1119. Do Not Pass.

HR 509-1120. Do Not Pass.

HR 119- 283. Do Pass.

HR 127- 335. Do Pass, as Amended.

HR

350. Do Pass.

HR 236- 733. Do Pass.

HB 1397. Do Pass, by Substitute.

HB 1720. Do Pass.

HB 1699. Do Pass.

HB 1725. Do Pass.

HB 1666. Do Pass.

HB 1105. Do Pass, by Substitute.

HB 1704. Do Pass, by Substitute.

HB 1705. Do Pass, by Substitute.

HB 1706. Do Pass, as Amended.

HB 1707. Do Pass, as Amended.

HB 1708. Do Pass, as Amended.

HB 1709. Do Pass, by Substitute.

HB 1710. Do Pass, by Substitute.

HB 1711. Do Pass, by Substitute.

HB 1213. Do Pass, by Substitute.

HR 557-1288. Do Pass, by Substitute.

HR 64- 148. Do Not Pass.

HR 68- 168. Do Not Pass.

HR 100- 248. Do Not Pass.

SR

33. Do Not Pass.

HR 145- 431. Do Not Pass.

HR 176- 526. Do Not Pass.

1732

JOURNAL OF THE HOUSE,

HR 269- 837. Do Not Pass. HR 50- 88. Do Not Pass.

\ Respectfully submitted,
Melton of the 32nd, Chairman.

Mr. Matthews of the 16th District, Chairman of the Committee on University System of Georgia, submitted the following report:
Mr. Speaker:
Your Committee on University System of Georgia has had under considera tion the following Bills and Resolutions of the House and Senate and has in structed me to report the same back to the House with the following recommenda tions :
HB 1749. Do Pass. SR 244. Do Pass. HB 1591. Do Pass, by Substitute. HB 1592. Do Pass, by Substitute.
Respectfully submitted, Ross of the 26th, Secretary.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1741. By Messrs. Mullinax, Ware, Knight and Potts of the 30th: A Bill to be entitled an Act to amend an Act creating the State Court of Troup County, as amended, so as to change the compensation of the judge and solicitor of the State Court of Troup County; and for other purposes.
The following Committee amendment was read and adopted:
The Committee on State Planning and Community Affairs moves to amend HB 1741 by changing the effective date of said Bill to January 1,1973.
The report of the Committee, which was favorable to the passage of the Bill, as amended, was agreed to.

WEDNESDAY, FEBRUARY 23, 1972

1733

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 1358. By Messrs. Farrar, Thomason and Levitas of the 77th and others:
A Bill to be entitled an Act to provide a method of payment to superior court judges emeritus who are requested to serve in certain counties; to provide the method of making such payments by the governing au thorities of such counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1682. By Messrs. Howard, Atherton, Kreeger, Housley, McDaniell, Wilson and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Elizabeth, so as to de-annex a certain portion of the territory of the said Town from the corporate limits of said town; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority,s was passed.

HB 1716. By Messrs. Jordan and Vaughn of the 74th, Farrar and Thomason of the 77th and others:
A Bill to be entitled an Act to amend an Act creating the State Court of DeKalb County, as amended, so as to provide for costs in said court; and for other purposes.

1734

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 1736. By Mr. Ham of the 33rd: A Bill to be entitled an Act to amend an Act placing the sheriff of Butts County on an annual salary in lieu the the fee system of compensation, as amended, so as to change the compensation of the deputy sheriffs; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1737. By Mr. Ham of the 33rd: A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Butts County into the office of Tax Commissioner of 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 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1742. By Mr. Brantley of the 52nd:
A Bill to be entitled an Act to amend an Act providing a new charter for the City of Metter, as amended, so as to provide for a Recorder's Court in lieu of the Mayor's Court; and for other purposes.

WEDNESDAY, FEBRUARY 23, 1972

1735

The report 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 1745. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Putnam County, as amended, so as to change the compen sation of the Chairman and the members of the Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1746. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act placing the coroner of Putnam County upon a monthly salary in lieu of the fee system, so as to change the compensation of the coroner; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1747. By Mr. Fraser of the 59th:
A Bill to be entitled an Act to amend an Act incorporating the City of Flemington, so as to change the terms of office of the mayor and councilmen of said City; and for other purposes.

1736

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 1750. By Messrs. Harris, Roach and Poole of the 10th: A Bill to be entitled an Act to amend an Act incorporating the City of Adairsville, as amended, so as to change the maximum amount of fines which may be imposed by the Mayor's Court of the City of Adairsville; and for other purposes.
The report 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 1751. By Messrs. Harris, Roach and Poole of the 10th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cartersville, as amended, so as to change the provisions relative to 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 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1752. By Messrs. Harris, Roach and Poole of the 10th:
A Bill to be entitled an Act to amend an Act incorporating the City of Emerison, as amended, so as to extend the police protection and jurisdiction of said City; and for other purposes.

WEDNESDAY, FEBRUARY 23, 1972

1737

The report 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 1753. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to abolish the office of treasurer of Fayette County; to provide that the board of commissioners of Fayette County shall appoint depositories for county funds; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1754. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Fayette County, as amended, so as to change the terms of office of members on said board; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1757. By Messrs. Brown and Melton of the 32nd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Fayette County into the office of tax commissioner, as amended, so as to change the compensation of the commissioner; and for other purposes.

1738

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 1758. By Mr. Brown of the 32nd:
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 Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said clerk; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1759. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the sheriff of Fayette County and providing an annual salary in lieu thereof, so as to change the compensation of said sheriff; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1760. By Mr. Brown of the 32nd:
A Bill to be entitled an Act to amend an Act abolishing the fee system of compensation for the ordinary of Fayette County and providing an

WEDNESDAY, FEBRUARY 23, 1972

1739

annual salary in lieu therof, so as to change the compensation of said 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 1847. By Messrs. Gignilliat of the 89th, Triplett of the 93rd, Jones of the 87th, Battle of the 90th, Alien of the 92nd and Gaynor of the 88th:
A Bill to be entitled an Act to authorize and direct the Board of Educa tion for the County of Chatham and City of Savannah to adopt and administer early admission programs with accredited colleges and universities in 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 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1848. By Messrs. Gaynor of the 88th, Triplett of the 93rd, Jones of the 87th, Alien of the 92nd, Hill of the 94th, Battle of the 90th and others: A Bill to be entitled an Act to amend an Act providing for the creation of the "Savannah Transit Authority", so as to provide that the Au thority shall have the power to establish employment benefits and re tirement plans and trusts; and for other purposes.
The report 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.

1740

JOURNAL OF THE HOUSE,

HR 686-1585. By Messrs, Adams of the 100th, Townsend of the 115th, Lane of the 101st, Horton of the 95th, Longino of the 98th and others:

A RESOLUTION

Proposing an amendment to Article XI, Section I, Paragraph I of the Constitution of Georgia, so as to authorize Fulton County to con struct, maintain and operate a system of public libraries throughout said county and the corporate limits of any city located wholly or partially within said county, and to levy a tax throughout said county for the support of the same, and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article XI, Section I, Paragraph I of the Constitution of the State of Georgia, as amended, is further amended by adding at the end thereof a new unnumbered paragraph which shall read as follows:

"Notwithstanding any other provision of this Constitution, Fulton County is hereby authorized to construct, maintain and operate a system of public libraries (including any system here tofore operated by the City of Atlanta) throughout said County and within the corporate limits of any City located wholly or partially within said County, and to levy taxes throughout said County for the purposes aforesaid."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945 as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize Fulton County to construct, maintain and operate a system of public libraries (including any such system
NO ( ) heretofore operated by the City of Atlanta) throughout said County and within the corporate limits of any City located wholly or partially within said County, and to authorize said County to levy taxes throughout said County for such purposes."

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes." All persons desiring to vote against ratifying the proposed amendment shall vote "No."

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

WEDNESDAY, FEBRUARY 23, 1972

1741

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 Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W.

Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Edwards Evans. Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Granade Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles

Kreeger Lana, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. , Lee, W. J. (Bill)
Lee, W. S. Levitas Logan Longino 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 Patterson Patten Pearce Peters Phillips, W. R. Pinkston Poole Potts Reaves Roach

1742
Ross Rush Russell, A. B. Russell, H. P. Savage Scarborough Shanahan Shepherd Sherman Sims

JOURNAL OF THE HOUSE,

Smith, H. R. Smith, J. R. Sorrells Stephens Strickland Sweat Thompson Toles Tripp Turner

Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alien Battle Blackshear Cook Dorminy Egan Farrar Gignilliat Grahl Greer Hamilton

Hill, 6. L. Jones, Herb Lambert Leggett Lewis McCracken Oxford Phillips, G. S. Phillips, L. L. Pickard

Rainey Russell, W. B. Salem Smith, W. T. Snow Thomason Townsend Triplett Williams Mr. Speaker

On the adoption of the Resolution, the ayes were 164, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 778-1848. By Messrs. Alien of the 92nd, Gaynor of the 88th, Triplett of the 93rd, Jones of the 87th, Gignilliat of the 89th and others:
A RESOLUTION
Proposing an amendment to Article XI, Section I, Paragraph VII of the Constitution so as to authorize the General Assembly to provide by law for the abolishment and consolidation into a county-wide govern ment of the existing governments of Chatham County and the City of Savannah, and for all matters relative thereto; provided that the law enacted pursuant to such authority is submitted to the qualified voters for approval or rejection; 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 GEORGIA:

WEDNESDAY, FEBRUARY 23, 1972

1743

Section 1. Article XI, Section I, Paragraph VII of the Constitution is hereby amended by adding at the end thereof the following:

(a) Any other provision of this Constitution to the contrary not withstanding, the General Assembly is hereby authorize to create by local Act a county-wide government with powers and jurisdiction throughout the territorial limits of Chatham County which government shall supersede and replace the existing governments of said county and the City of Savannah. To that end, and without limiting the generality of the foregoing, the General Assembly is hereby authorized to provide for any one or more of the following:

(1) For the abolishment of the existing governments of the City of Savannah and Chatham County, and for the creation of a new government having all powers formerly exercised by the City of Savannah and Chatham County, having such other powers as may be necessary or desirable including, but not limited to, such rights, powers, duties, and liabilities as are now or may hereafter be vested in municipalities or counties, or both, by the Constitution of Georgia or by other provisions of law; the form and composition of said new government and the applicability of law thereto, to be pro vided by local Act.
(2) For the new county-wide government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants-in-aid, funds, loans, aid, appropria tions and matching funds to the same extent that any municipality or county of the State of Georgia now or may hereafter enjoy or possess under the Constitution and laws of the State of Georgia or by other provisions of law or under any present or future State or Federal programs.

(3) For the abolishment or modification of any one or more public offices or positions of public employment of the City of Savannah and Chatham County. Said local Act may also provide that any officer or agency receiving appropriations from the county-wide government shall submit annual budget requests and accounts of expenditures.

(4) For the creation of the governing authority of the countywide government including the number of members of said govern ing authority, their powers, duties, terms of office, manner of elec tion or appointment, amount of compensation to be fixed by law or ordinance, methods of removal, and all other matters incidental or necessary to the creation of said county-wide governing authority.

(5) For the modification or abolishment of existing boards and commissions and the creation of the various departments, boards, bureaus, offices, commissions and positions of public employment of said county-wide government and all other matters necessary or incidental thereto. The Mayor may be authorized to exercise emergency powers.

(6) For the creation of two or more taxing districts whereby

1744

JOURNAL OP THE HOUSE,

taxes shall be assessed; levied, and collected by said county-wide government in accordance with the kind, character, type and degree of seirvices provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and provide that the powers, authority, duties, liabilities and functions of any such new governing authority so created may vary from district to district.

(7) For the assumption by said county-wide government of all bonded indebtedness and all other obligations of whatever kind of the City of Savannah and Chatham County, and a method by which said county-wide government shall assume the payment of any obligations of the City of Savannah and Chatham County issued under the Revenue Bond Law and for limitations upon gen eral obligation bond indebtedness.

(8) For the transfer to said county-wide government of the assets, contracts and franchises of the City of Savannah and Chatham County.

(9) The purposes for which said county-wide government or governing authority or any agency thereof may levy taxes and the debt limitations applicable to such county-wide government or any agency thereof.

(10) For a code of ethics and prohibited practices and penaltiesfor violations thereof as prescribed by law or ordinance.

(11) For abolishment or modification of any public authorities special service districts, and industrial areas located within Chatham County whether created by law or by porvisions of this Constitution, and for the transfer of all powers, duties, and obligations of such authorities and districts to the new county-wide government in such manner as the General Assembly shall provide.

(12) For the method or methods by which said local Act may be amended.

(b) The powers herein granted to the General Assembly:

(1) Are remedial and shall be liberally construed to effectuate their purpose.

(2) May be exercised by the General Assembly notwithstandingany other provisions of this Constitution or of law.

(3) Are cumulative of all other powers now held by the General Assembly and are not in lieu thereof.

(4) Shall not be exhausted by their initial exercise, but may be exercised from time to time as said General. Assembly may deter mine.

WEDNESDAY, FEBRUARY 23, 1972

1745

(c) Nothing herein contained shall be construed as authorizing the General Assembly to:

(1) Abolish or alter the status of any State or County court except the Recorder's Court of Chatham County.

(2) Abolish the office of Sheriff of Chatham County.

(3) Alter the status of the Chatham County Board of Family and Children Services, the Chatham County Board of Health, the Savannah Airport Commission, the Housing Authority of Savannah, the Chatham County Hospital Authority, the Savannah-Chatham County Board of Public Education, the Savannah Port Authority, the Savannah Transit Authority, the Chatham County Library Board of Managers, the Armstrong College of Savannah Commis sion, or any constitutional provision by which any such named agency was authorized or preserved.

(4) Affect the status of any incorporated municipality located within Chatham County other than the City of Savannah; and the status or relationship that such incorporated municipalities bear to Chatham County and the City of Savannah prior to the adoption of this amendment shall continue to the same extent with any newly created county-wide governing authority that may be created under the provisions of this amendment.

Provided, however, that none of the foregoing limitations shall be construed so as to: (1) prohibit the General Assembly from exer cising any legislative power with respect to such incorporated munici palities, public offices, officers, or agencies which existed prior to the ratification of this amendment, or (2) prohibit the General Assembly from adding to or decreasing the functions of the public offices, officers, or agencies enumerated in paragraphs (1) through (3) above.

Provided, further, that such relation as such officer, officer or agency presently has with the governing authority of any municipality or county or both abolished under the authority thereof, it shall continue to have with such newly created appropriate successor governing au thority.
(d) Said local Act creating said county-wide government shall have no legal force and effect, unless approved by a majority of the qualified voters voting in the City of Savannah and by a majority of the qualified voters voting in the unincorporated area of Chatham County.

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:

1746

JOURNAL OF THE HOUSE,

"YES ( ) Shall the Constitution be amended so as to authorize an Act of the General Assembly abolishing and con
solidating into a county-wide government the existing NO ( ) governments of Chatham County and the City of
Savannah, and providing for all matters relative thereto?"

All persons desiring to vote in favor of ratifying the proposed amend ment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D.
Adams, John Adams, Marvin Alexander, W. H.
Alexander, W. M. Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H.
Brantley, H. L. Bray
Brown, B. D. Brown, C. Brown, S. P. Buck
Burruss Busbee Carr Carter

Chance
Chandler Chappell Cheeks
Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T.
Davis, W. Dean, Gib
Dean, J. E. Dean, N. Dent Dixon
Drury Edwards Evans Ezzard

Felton
Floyd, J. H. Floyd, L. R. Fraser
Gary Gaynor Geisinger Granade Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hawes
Hays Hill, G.
Hood Horton Housley Howard
Howell Hudson, C. M. Hudson, Ted Hutchinson

WEDNESDAY, FEBRUARY 23, 1972

1747

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. Levitas Logan Longino
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 Patterson Patten Pearce
Peters
Phillips, W. R.
Pinkston
Poole
Potts
Reaves
Roach
Ross
Rush

Russell, A. B. Russell, H. P. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smiith, J. R. Sorrells Stephens Strickland Sweat Thompson Toles Tripp Turner Vaughn
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Alien Battle Blackshear Cook Dorminy Egan Farrar Gignilliat Grahl Greer Hamilton

Hill, B. L. Jones, Herb Lambert Leggett Lewis McCracken Oxford Phillips, G. S. Phillips, L. L. Pickard

Rainey Russell, W. B. Salem Smith, V. T. Snow Thomason Town send Triplett Williams Mr. Speaker

On the adoption of the Resolution, the ayes were 164, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

1748

JOURNAL OP THE HOUSE,

HR 687-1585. By Messrs. Adams of the 100th, Townsend of the 115th, Lane of the 101st, Longino of the 98th, Horton of the 95th and others:

A RESOLUTION

Proposing an amendment to the Constitution so as to authorize the governing authority of Fulton County to maintain and operate facilities within or without the boundaries of said County for the detention, incarceration or confinement of all persons (including juveniles) subject to detention, incarceration or confinement under the laws of this State, under any County resolution or under any City ordinance; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. Article XI, Section I, Paragraph I of the Constitution of Georgia, as amended, is further amended by adding at the end of said Paragraph', a new unnumbered Paragraph, which shall read as follows:

"The governing authority of Fulton County is hereby authorized to maintain and operate facilities within or without the boundaries of said County for the detention, incarceration or confinement of all persons (including juveniles) subject to detention, incarceration or confinement under the laws of this State, under any County resolution or under any City ordinance. Such facilities, whether designated as a jail, public works camp, or detention center, shall be under the control of such person or official as may be designated by the governing authority of Fulton County, and need not be used exclusively for any one class of prisoner or person."

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 proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Fulton County to maintain and operate facilities within or without the boundaries
NO ( ) of said County for the detention, incarceration or confinement of all persons (including juveniles) sub ject to detention, incarceration or confinement under the laws of this State, under any County resolution or under any City ordinance; and for other purposes."

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

WEDNESDAY, FEBRUARY 23, 1972

1749

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 Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger

Connell Dailey Daugherty Davis, E. T.
Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Drury Edwards Evans Ezzard Pelton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Granade Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted

Hutchinson Isenberg Jessup Johnson Jones 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 Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy

1750
Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, W. R. Pinkston Poole Potts Reaves Roach

JOURNAL OP THE HOUSE,

Ross Rush Russell, A. B. Russell, H. P. Savage Scarborough Shanahan Shepherd Sherman Sims
Smith, H. R. Smith, J. R. Sorrells Stephens Strickland

Sweat Thompson Toles Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Wilson Wood, J. T. Wood, R. E.

Those not voting1 were Messrs.:

Alien Battle Blackshear Cook Dorminy Egan Farrar Gignilliat Grahl Greer Hamilton

Hill, B. L. Jones, Herb Lambert Leggett Lewis McCracken Oxford Phillips, G. S. Phillips, L. L. Pickard Rainey

Russell, W. B. Salem Smith, W. T. Snow Thoniason Townsend Triplett Williams Mr. Speaker

On the adoption of the Resolution, the ayes were 164, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 572-1370. By Messrs. Black and Edwards of the 45th:
A RESOLUTION
Proposing an amendment to the Constitution of the State of Georgia so as to provide for the office of Sheriff of Chattahoochee County, Georgia; to provide that all Acts of the General Assembly, now or hereafter enacted, excepting such Acts as are in conflict with this Constitutional amendment, shall be in full force and effect; to provide that the General Assembly may, in the future amend this Constitutional amendment by local Act by specific reference in such Act that it is adopted for the purpose of amending this Constitutional amendment; to provide for the submission of this amendment for ratification or re jection; and for other purposes:

WEDNESDAY, FEBRUARY 23, 1972

1751

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. Article VII, Section IV, Paragraph II of the Constitu tion is hereby amended by adding at the end thereof the following:

"A. The method of compensating the Sheriff of Chattahoochee County, known as the fee system, is hereby abolished and, in lieu thereof, the Sheriff shall receive an annual salary as hereinafter provided.

B. The Sheriff of Chattahoochee County shall receive an annual salary of $6,000.00 per annum, payable in equal monthly installments from the funds of Chattahoochee County. The county governing authority shall furnish an automobile, and the cost of operating and maintaining said vehicle, from county funds.

C. After the effective date of this Act, the Sheriff shall diligently and faithfully undertake to collect all fees, fines, forfei tures, commissions, costs, allowances, penalties, funds, monies and all other emoluments and perquisites formerly allowed him as compensation for services in any capacity, and shall receive and hold the same in trust as public monies, and shall pay the same to the county fiscal authority on or before the 10th day of each month next following the month in which they were collected or received. At the time of each such monthly, payment, the sheriff shall also furnish the county fiscal authority such funds received during the preceding month. The statement shall show the respective amounts of money collected and the source thereof.
D. The Sheriff shall have the authority to appoint such deputies, clerks, assistants and other personnel as he shall deem necessary to efficiently and effectively discharge the official duties of his office. The Sheriff shall, from time to time, recommend to the governing authority of Chattahoochee County the number of such personnel needed by his office, together with the suggested compensation to be paid each employee. However, it shall be within the sole discretion of the governing authority of Chattahoochee County to hire such employees and to fix the compensation to be received by each employee in said office. It shall be within the sole power and authority of the Sheriff, during his term of office, to designate and name the person or persons who shall be employed as such deputies, clerks, assistants, or other employees, and to prescribe their duties and assignments, and to remove or replace any of such employees at will and within his sole discretion.

E. The necessary operating expenses of the Sheriff's office, expressly including the compensation of all personnel and employees, shall be paid from any funds of Chattahoochee County available for such purpose. All supplies, materials, furnishings, furniture, and utilities, as may be reasonably required in discharging the official duties of said office, shall be furnished by Chattahoochee County and shall be paid from any funds of Chattahoochee County avail able for such purpose. The determination of such requirements

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shall be at the sole discretion of the governing authority of Chat tahoochee County.

F. The fiscal authority of Chattahoochee County shall furnish the office of the Sheriff with such radio equipment as may be required by the sheriff to properly discharge the official duties of his office. The Sheriff shall maintain an office at the courthouse or at such other place designated by the governing authorities of Chattahoochee County. The Sheriff shall keep his office open to the public and the hours during which said office shall remain open shall be the same as the office of the clerk of the Superior Court of Chattahoochee County.

G. All Act of the General Assembly pertaining to the Sheriff of Chattahooehee County, excepting those which are in conflict with this Constitutional amendment, shall be in full force and effect.

H. This Constitutional amendment may be amended by a local Act of the General Assembly, at any time, by specific reference to the purpose of the Act of the General Assembly being to amend this Constitutional amendment.

I. The provisions of this amendment shall become effective on January 1,1973."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended to fix the salary, and to define the operational expenses and duties of
NO ( ) the Sheriff of Chattahoochee County?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 23, 1972

1753

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 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. Colling, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daughtery Davis, E. T. Davis, W. Dean, Gib
Dean, J. E.
Dean, N.
Dent
Dixon
Drury
Edwards

Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Granade Granthani Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. Lee, W. S. Levitas
Logan
Longino
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 Patterson Patten Pearce Peters Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Sorrells Stephens Strickland
Sweat
Thompson
Toles
Tripp
Turner
Vaughn

1754
Wamble Ware Wheeler, Bobby

JOURNAL OF THE HOUSE,

Wheeler, J. A. Whitmire Wilson

Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alien Battle Blackshear Cook Dorminy Egan Farrar Gignilliat Grahl Greer Hamilton

Hill, B. L. Jones, Herb Lambert Leggett Lewis McCracken Oxford Phillips, G. S. Phillips, L. L. Pickard Rainey

Russell, W. B. Salem Smith, V. T. Snow Thomason Townsend Triplett William^ Mr. Speaker

On the adoption of the Resolution, the ayes were 164, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-wit:

SB 485. By Senator London of the 50th:
A Bill to provide for the establishment of the Occupational Safety and Health Agency in the Department of Labor; to provide for a short title; to repeal conflicting laws; and for other purposes.

SB 514. By Senator Herndon of the 10th:
A Bill to amend an Act providing a charter for the City of Thomasville, as amended, so as to provide for additional powers of the Board of Commissioners of the City; to repeal conflicting laws; and for other purposes.

WEDNESDAY, FEBRUARY 23, 1972

1755

HB 1253. By Messrs. Hays, Snow and Clements of the 1st and Peters of the 2nd:
A Bill to amend an Act incorporating the Town of Port Oglethorpe, so as to change the corporate limits of said Town; and for other pur poses.

HB 1302. By Messrs. Busbee, Hutchinson and Lee of the 61st:
A Bill to amend an Act establishing the City Court of Albany, in and for the County of Dougherty, so as to create the office of judge emeritus; and for other purposes.

HB 1448. By Messrs, Alexander of the 108th, Adams of the 100th, Lane of the 101st and others:
A Bill to amend an Act entitled "An Act to carry into effect in the City of Atlanta the provisions of the amendment to Paragraph 1, of Section VII, of Article VI of the Constitution, so as to provide that the defendent shall serve and file his answer within 30 days after the service of the summons and complaint upon him; and for other purposes.

HB 1480. By Messrs. Busbee, Odom, Lee and Hutchinson of the 61st:
A Bill to amend an Act creating a new charter for the City of Albany, so as to change the requirements and qualifications of the General Manager, Assistant General Mnager, and Superintendent of the Water, Gas and Light Commissions; and for other purposes.

HB 1481. By Messrs. Odom, Lee, Hutchinson and Busbee of the 61st:
A Bill to amend an Act so as to provide that the manner of making appointments to the Albany-Dougherty Hospital Authority may be changed from time to time by joint resolution of the board of com missioners of Albany and the Board of Commissioners of Dougherty County; and for other purposes.
HB 1113. By Messrs. Miles of the 78th, Connell of the 79th, Smith and Sherman of the 80th and others:
A Bill to amend an Act authorizing and empowering the State Board of Education to administer any and all funds allocated for pupil trans portation, so as to provide that it shall be unlawful to transport any student if a physician shall certify that transportation would be detrimental to the health of the student; and for other purposes.

SB 371. 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.

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SB 458. By Senators Holley of the 22nd and Holloway of the 12th:
A Bill to provide for the creation of Business Development Corpora tions to promote, develop and advance the prosperity and economic welfare of the State of Georgia; and for other purposes.

SB 492. By Senators Holloway of the 12th, Carter of the 14th, and Walling of the 42nd:
A Bill to amend Code Chapter 88-9, relating to air quality control, so as to provide that the hearings therein provided for shall be governed by the provisions of the Ga. Administrative Procedure Act, as amended to provide for judicial review of any final order of the Division of Environmental Protection of the Dept. of Natural Resources; and for other purposes.

SB 493. By Senators Holloway of the 12th, Carter of the 14th and Walling of the 42nd:
A Bill to amend an Act known as the "Ga. Water Quality Control Act", as amended, so as to provide for civil penalties for the violation of any provision of this Act, or any final or emergency order of the Division of Environmental Protection of the Dept. of Natural Re sources; and for other purposes.

SB 504. By Senator Kidd of the 25th:
A Bill to amend the Juvenile Court Code of Ga., so as to provide that a child may be committed to a penal institution or other facility used primarily for the execution of sentences of persons convicted of crimes if he is a delinquent or unruly child and found to be not amenable to rehabilitation and is sentenced to the custody of the Dept. of Cor rections; and for other purposes.

SB 550. By Senators Webb of the llth, Parker of the 31st, and Overby of the 49th:
A Bill to provide for the venue of certain cases and classes of cases; to provide for other matters relative thereto; and for other purposes.

SB 551. By Senators Webb of the llth, Parker of the 31st, and Overby of the 49th:
A Bill to amend Code Title 24, relating to courts, as amended, so as to provide for the jurisdiction of the Supreme Court and Court of Appeals; to provide for other matters relative to the foregoing; and for other purposes.

WEDNESDAY, FEBRUARY 23, 1972

1757

SB 560. By Senator Coggin of the 35th:
A Bill to define abandoned motor vehicles, to authorize peace officers, to remove abandoned motor vehicles from public streets, roads, highways and other public property; and for other purposes.

The Senate has adopted by requisite constitutional majority the following Resolutions of the Senate, to-wit:

SR 131. By Senator London of the 50th:
A Resolution authorizing the conveyance of a certain tract or parcel of land owned by the State of Georgia and located in Towns County; and for other purposes.

SR 263. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution, so as to provide that notwithstanding any contrary provision in the Constitution or any law, when any department, agency or commission of State government has a board for its governing body and said is charged with the duty of appointing the chief executive officer, the chief executive officer shall serve at the pleasure of the board; and for other purposes.

SR 264. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to change the procedure for presenting bills and resolutions to the Gover nor and overriding bills and resolutions vetoed by the Governor; and for other purposes.

SR 265. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to create by law and appropriate funds for a standing reward fund which shall be payable to person furnishing information leading to the conviction of persons who have killed law enforcement officers acting in the line of duty; and for other purposes.

SR 223. By Senator Bateman of the 27th:
A Resolution authorizing and directing the Secretary of State to convey a portrait of Justice E. A. Nisbit to Mrs. Thomas H. Robertson; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Eesolution of the Senate, to-wit:

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JOURNAL OF THE HOUSE,

SR 315. By Senator Hill of the 29th: A Resolution commending Mr. Chet Atkins, and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:
SB 464. By Senator Kidd of the 25th: A Bill to amend an Act known as the "Fire Fighter's Mediation Act", so as to change the definition of the term "fire fighter"; to repeal con flicting 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 371. 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 Special Judiciary.

SB 458. By Senators Holley of the 22nd and Holloway of the 12th:
A Bill to be entitled an Act to provide for the creation of Business Development Corporations to promote, develop and advance the prosper ity and economic welfare of the State of Georgia; and for other purposes.
Referred to the Committee on Industry.

SB 464. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Fire Fighter's Mediation Act", so as to change the definition of the term "fire fighter"; and for other purposes.
Referred to the Committee on State of Republic.

SB 485. By Senator London of the 50th:
A Bill to be entitled an Act to provide for the establishment of the Occupational Safety and Health Agency in the Department of Labor; and for other purposes.
Referred to the Committee on Industrial Relations.

WEDNESDAY, FEBRUARY 23, 1972

1759

SB 492. By Senators Holloway of the 12th, Carter of the 14th and Walling of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to provide that the hearings therein provided for shall be governed by the provisions of the Georgia Administrative Procedure Act, as amended; and for other purposes.
Referred to the Committee on Natural Resources.

SB 493. By Senators Holloway of the 12th, Carter of the 14th and Walling of the 42nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide for civil penalties for the violation of any provision of this Act, or any final or emergency order of the Division of Environmental Protection of the Department of Natural Resources; and for other purposes.
Referred to the Committee on Natural Resources.

SB 504. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend the Juvenile Court Code of Georgia, so as to provide that a child may be committed to a penal institution or other facility if he is a delinquent or unruly child and found to be not amenable to rehabilitation and is sentenced to the custody of the Department of Corrections; and for other purposes.
Referred to the Committee on State Institutions and Property.

SB 514. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend an Act providing a charter for the City of Thomasville, so as to provide for additional powers of the Board of Commissioners of the City; and for other purposes.
Referred to the Committee on State Planning and Community Affairs-Local Legislation.

SB 550. By Senators Webb of the llth, Parker of the 31st and Overby of the 49th:
A Bill to be entitled an Act to provide for the venue of certain cases and classes of cases; and for other purposes.
Referred to the Committee on Judiciary.

SB 551. By Senators Webb of the llth, Parker of the 31st and Overby of the 49th:
A Bill to be entitled an Act to amend Code Title 24, relating to courts,

1760

JOURNAL OF THE HOUSE,

so as to provide for the jurisdiction of the Supreme Court and Court of Appeals; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 560. By Senator Coggin of the 35th:
A Bill to be entitled an Act to define abandoned motor vehicles; to authorize peace offices to remove abandoned motor vehicles from public streets, roads, highways and other public property; and for other purposes.
Referred to the Committee on Motor Vehicles.

SR 131. By Senator London of the 50th:
A Resolution authorizing the conveyance of a certain tract or parcel of land owned by the State of Georgia and located in Towns County; and for other purposes.
Referred to the Committee on State Institutions and Property.

SR 223. By Senator Bateman of the 27th:
A Resolution authorizing and directing the Secretary of State to convey a portrait of Justice E. A. Nisbit to Mrs. Thomas H. Robertson; and for other purposes.
Referred to the Committee on Rules.

SR 263. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to pro vide that notwithstanding any contrary provision in the Constitution or any law, whenever an agency for its governing body, the chief execu tive officer shall serve at the pleasure of the board; and for other purposes.
Referred to the Committee on Rules.

SR 264. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to change the procedure for presenting Bills and Resolutions to the Governor and overriding Bills and Resolutions vetoed by the Governor; and for other purposes.
Referred to the Committee on Rules.

SR 265. By Senator Kidd of the 25th: A Resolution proposing an amendment to the Constitution so as to

WEDNESDAY, FEBRUARY 23, 1972

1761

authorize the General Assembly to create by law and to appropriate funds for a standing reward fund which shall be payable to persons furnishing information leading to the conviction of persons who have killed law enforcement officers acting in the line of duty; and for other purposes.
Referred to the Committee on Special Judiciary.

The following Resolutions of the House were read and adopted:
HR 800. By Messrs. Smith of the 43rd, Phillips of the 29th, Rush of the 51st, Dailey of the 53rd, Gignilliat of the 89th, Battle of the 90th and many others:
A RESOLUTION
Expressing sympathy at the passing of Mrs. Pearl Ellard Hogsed; and for other purposes.
WHEREAS, the State of Georgia lost one of its most distinquished citizens on February 20, 1972, with the passing of Mrs. Pearl Ellard Hogsed; and
WHEREAS, she was a resident of Cornelia for 81 years, where she was a member of the First Baptist Church and was very active in the civic and social affairs of the City of Cornelia; and
WHEREAS, she was the widow of Mr. William G. Hogsed and the devoted mother of three outstanding children, Miss Clyde Hogsed, Mrs. Helen Davis and Captain Robert A. Hogsed; and
WHEREAS, she was the sister of the Honorable Glenn W. Ellard, Clerk of the House of Representatives; and
WHEREAS, her many contributions and her dedicated service to her community and State will be sorely missed.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regrets at the passing of Mrs. Pearl Ellard Hogsed, and do hereby extend their sincerest sympathy to the members of her family.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to the family of Mrs. Pearl Ellard Hogsed.

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HR 801. By Mr. Carter of the 64th:

A RESOLUTION

Commending the Berrien County High School Chapter of the Future Farmers of America; and for other purposes.

WHEREAS, during 1971 the Berrien County High School Chapter of the Future Farmers of America received recognition as one of the leading FFA Chapters in the nation; and

WHEREAS, this outstanding Chapter was presented the first National Citation in the Future Farmers of America Building Our American Communities program at the 44th National FFA Convention in Kansas City; and

WHEREAS, the Chapter's "Build a Better Berrien" project was rated the best of 60 FFA Chapter programs to improve rural communi ties ; and

WHEREAS, the Berrien County High School FFA Chapter received the State Chapter Achievement Award, a Gold Emblem National Chapter Award and Silver Emblem Chapter Safety Award; and

WHEREAS, Mr. James Lane, Mr. H. W. Patton and Mr. Melvin Johnson serve as Advisors to this outstanding organization.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recognize and commend the Berrien County High School Chapter of the Future Farmers of America for their many achievements during 1971 and for their admirable record of dedicated service to their county and State.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the Berrien County High School Chapter of the Future Farmers of America.

Mr. Murphy of the 19th requested the following address, delivered by Mr. Jerry Baldree, Nashville, Georgia, appear in the Journal:
Mr. Chairman, distinguished members of the Georgia General As sembly and friends. It is indeed an honor for me to appear before this group of distinguished American leaders.
I bring you greetings from the 180 members of the Berrien County High School Chapter of Future Farmers of America.
It is indeed an honor to have been selected the first National winner of the "Building Our American Communities" program. Building our

WEDNESDAY, FEBRUARY 23, 1972

1763

American communities is the responsibility of every American. We ap preciate our leaders and the Farmers Home Administration for promoting such a program, that we FFA members may have an organized method to do our part in keeping America strong.

In 1970-71 all our chapter members became involved in America's future, in Berrien County's future, involved in making a South Georgia community a better place to live. It made us a happier people, it de veloped pride within the community itself.

We realized that we as young people could not do this alone but the adults in our community were needed. We FFA members still love and respect our elders.

When we started our project "Build a Better Berrien" was adopted as our slogan. Developing community pride was our goal.

Because of our efforts 14 adult and 8 youth organizations became involved in making our county a better place in which to live. This project has developed within young people of Berrien County a greater sense of price. It taught us things don't happen. We have to make them happen with work. There was no such thing as a generation gap. Both young and old worked together and both are better for it.

Gentlemen, the job is not finished--far from it. It is only begun. More of the young people would like to become involved in community building projects--projects that make us feel needed--projects that make us a real part of that community in which we live. We love Georgia. The state of Georgia has educated us, has given us the best it has to offer. We hope to do for the next generation as your generation has done for

We are eager to work. Berrien FFA members have begun another phase of "Build A Better Berrien". A study of community resources is being run on what resources we have and how to develop them.
We do not wish to be looked down on, for we are the America of tomorrow and that is why your guidance today is so great.
When it seems that on every hand, every way you look there is war, strife, and confusion--even on our school campuses when revolting and destroying seem to be the current trend--it makes me proud to know FFA members are trying to BUILD and not DESTROY.
Gentlemen, I know that you are wiser than I, but I believe that rural America has been the real backbone of our strength, since the founding of this country. I assure you we have a land that is not crowded, air that is safe to breathe. We have a land where a man knows his neighbor and loves him because of it. A land, where nature reenforce's our faith in God, for nature provides a daily miracle attest ing to his strength.
Distinguished leaders, I'm proud of America. I am proud to be an

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American. May our ultimate goal be the fulfillment of the ideal set forth by our forefathers; that all me are with equal opportunity. Give us the opportunity; we will make our own security.

I wish to thank you for making and keep America a world leader, and a land of opportunity. Now I ask you to help PFA members BUILD America not DESTROY it. And as togther, a greater America we try to build, let us look for help--to God--the greatest--builder of all.

THANK YOU

The following Resolutions of the House were read and adopted:

HR 806. By Messrs. Morgan of the 23rd, Smith of the 43rd, Whitmire of the llth, Berry of the 85th and many others:
A RESOLUTION
Commending Coach Ronald M. Bradley and the Newton County High School Basketball Team; and for other purposes.
WHEREAS, Newton County High School is experiencing one of its most successful basketball seasons, winning 25 g-ames and losing 1 in winning the Region 6AAA Championship en route to the State Triple A Tournament; and
WHEREAS, under the tutorage of Coach Ronald Bradley, the leadership of the Seniors and a team effort, the Newton County High Basketball Team has continuously been rated as the top high school team in the State by both polls; and
WHEREAS, since joining Newton County High in 1958, Coach Bradley has compiled the fantastic record of 380 wins and only 45 losses; and
WHEREAS, his teams have won 33 different championships over the last 13 years, and in one stretch his team won 129 straight games on the home court to break the National High School Record; and
WHEREAS, the admirable record compiled by this 1971-72 team can only be attributed to the talent, dedication, drive and outstanding physical conditioning of the members of the team and to the outstanding coaching ability of Mr. Ronald Bradley.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this Body do hereby extend to Coach Ronald Bradley, the players and all others connected with the athletic program of Newton County High School, its heartiest congratulations for a magnificent season, and do hereby wish the team the best of luck in the State AAA Tournament.

WEDNESDAY, FEBRUARY 23, 1972

1765

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a suf ficient number of copies of this Resolution to Coach Ronald M. Bradley for presentation to each member of the Newton County High School Basketball Team.

HR 812. By Messrs. Hill of the 94th, Gaynor of the 88th, Jones of the 87th, Triplett of the 93rd, Thompson of the 85th, Blackshear of the 91st and Brown of the 110th:
A RESOLUTION
Commending Dr. Prince A. Jackson, Jr. for outstanding educational and community service; and for other purposes.
WHEREAS, Dr. Prince A. Jackson, Jr., a native of Savannah, Georgia and President of Savannah State College has exemplified out standing service in the field of public education; and
WHEREAS, he has served as a teacher and Athletic Director in the public school system of Statesboro, Georgia; and
WHEREAS, he has held the position of Chairman of the Division of Natural Sciences covering the Department of Chemistry and Mathe matics and Physics at Savannah State College; and
WHEREAS, he has taught in the School of Education and Grad uate School of Arts and Sciences at Boston College; and
WHEREAS, he served as Vice-President of the Board of Educa tion, City of Savannah and County of Chatham; and
WHEREAS, he held the positions of Acting President and then President of Savannah State College; and
WHEREAS, he is a young man of unusual dedication, intelligence and imagination, but whose day to day approach to living exposes him as a common man; and
WHEREAS, he has proven that a man can study, learn, progress and succeed in his own home town; and
WHEREAS, he has been sighted on numerous occassions for his educational and leadership ability.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend' and con gratulate Dr. Prince A. Jackson, Jr. for his outstanding service in the field of education and community service.
BE IT FURTHER RESOLVED that the Clerk of the House of

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Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to Dr. Prince A. Jackson, Jr.

By unanimous consent, the following Resolution of the House was withdrawn from the Committee on Ways and Means and referred to the Committee on State Planning and Community Affairs:

HR 528-1205. By Messrs. Dean and Mason of the 13th:
A Resolution proposing an amendment to the Constitution so as to provide that each resident of Gwinnett County who is 62 years of age or over and who has a net income not exceeding $5,000 per annum shall be granted an exemption of $6,000 on his homestead, such exemption to be from all ad valorem taxation and school purposes; and for other pur poses.

By unanimous consent, the following Bill of the House was recommitted to the Committee on Agriculture for further study:

HB 1770. By Messrs, Northcutt of the 21st, Black of the 45th and Wheeler of the 57th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Agricultural Commodities Promotion Act", so as to repeal the provision relating to promotion of the marketing of surplus commodities through the establishment of surplus pools for any agricultural commodity; :and for other purposes.

Mr. Rush of the 51st moved that the House reconsider its action in giving the requisite constitutional majority to the following Resolution of the House:

HR 552-1264. By Mr. Rush of the 51st:
A Resolution authorizing and directing the State Highway Department to designate a bridge in Long County as the Ivy Hendrix, Jr., Bridge; and for other purposes.

The motion prevailed.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

WEDNESDAY, FEBRUARY 23, 1972

1767

HB 1216. By Messrs, Gaynor of the 88th, Gignilliat of the 89th, Mrs. Merritt of the 46th and others:
A Bill to be entitled an Act to recreate and reestablish the Georgia Commission for the National Bicentennial Celebration; and for other purposes.

The report 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.

HR 678-1585. By Mr. Brown of the 32nd:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the State shall grant scholarships to children of certain United States servicement who are bona fide residents of this State at the time of their entry into the armed forces and who are reported to their families either as missing in action or as a prisoner of the enemy, at any time since the beginning of the United States involvement in the Viet Nam War; to provide exceptions; to provide regulations and restrictions; to provide for the administration of said scholarships; to provide for other matters relative thereto; 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 II of the Constitution is hereby amended by adding at the end thereof the following para graph :
"The State of Georgia shall grant to qualified students, who are children of certain United States servicemen as hereinafter pro vided, such scholarships as are necessary for them to complete programs of study offered in the educational institutions of this State. The provisions of this paragraph shall not apply to children born to such servicemen after said servicemen return from the war. The scholarships shall apply to children of servicemen who are bona fide residents of this State at the time of their entry into the armed forces and who are reported to their families either as missing in action or as prisoners of the enemy, at any time since the beginning of the United States involvement in the Viet Nam War; provided, however, that this shall not include a serviceman who is not in fact missing in action, but is missing because of un-

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JOURNAL OF THE HOUSE,
lawful actions on his part. The recipients of such scholarships must attend institutions within the University System of Georgia or vocational training institutions administered by the State Board of Education. The scholarships shall cover four years of under graduate work leading to a degree, and for students pursuing a degree in law, medicine or veterinary medicine, said scholarships shall cover three additional years of postgraduate work in said fields. A student must pursue satisfactorily a full-time course of instruction. The Board of Regents is hereby charged with the administration of this paragraph, and may promulgate necessary rules, regulations and procedures to carry out the purposes of this paragraph. The General Assembly shall appropriate the neces sary funds for said scholarships."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to provide that the State of Georgia shall grant scholarships to
NO ( ) children of United States servicemen who are bona fide residents of this State and who are prisoners of the Viet Nam War or who are missing in action in said War?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The following Committee substitute was read and withdrawn by unanimous consent:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for tuition grants to qualified students who are children of certain United States servicemen who were bona fide residents of this State at the time of their entry into the Armed Forces and who are reported to their families either as missing in action or as a prisoner of the enery; 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:

WEDNESDAY, FEBRUARY 23, 1972

1769

Section 1. Article VII, Section I, Paragraph II of the Constitution is hereby amended by adding at the end thereof the following Para graph :

"The General Assembly is hereby authorized to provide by law for tuition grants to qualified students, who are children of certain United States servicemen as hereinafter provided, to enable them to complete programs of study offered in the educational institutions of this State. The tuition grants shall apply to children of servicemen who were bona fide residents of this State at the time of their entry into the Armed Forces and who are reported to their families either as missing in action or as prisoners of the enemy, at any time since 26 March 1964; provided, however, that this shall not include any serviceman who is not in fact missing in action, but is missing because of unlawful actions on his part. The provisions of this Paragraph shall not apply to children born to any serviceman after his missing in action status is clarified or after his release from prison. The provisions of this Paragraph shall not apply to children of any servicemen who were discharged under other than honorable conditions or while said servicemen are on active duty with the Armed Forces. The provisions of this Paragraph shall not apply to the children of any servicemen who are eligible for federal benefits under the provisions of Chapter 31, Title 38, U.S. Code Annotated (Veterans Vocational Rehabilita tion) ; Chapter 34, Title 38, U.S. Code Annotated (Veterans Edu cational Assistance) ; or Chapter 35, Title 38, U.S. Code Annotated (Veterans War Orphans Educational Assistance Act). The re cipients of such tuition grants must attend institutions within the University System of Georgia or vocational training institutions administered by the State Board of Education. The educational assistance to children of servicemen under the provisions of this Paragraph shall cover a period not in excess of 36 months (or the equivalent thereof in part-time training). The educational assistance to children of servicemen under the provisions of this Paragraph shall begin on the eighteenth birthday of such children or the successful completion of secondary schooling, whichever occurs first, and end on their twenty-sixth birthday. The term "child" or "children" shall include individuals who are married. The Board of Regents and the State Board of Education are hereby charged with the administration of this Paragraph and may promulgate necessary rules, regulations and procedures to carry out the pur poses of this Paragraph. The General Assembly shall appropriate the necessary funds for said tuition grants."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for tuition
NO ( ) grants to children of United States servicemen who were bona fide residents of this State at the time of

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JOURNAL OF THE HOUSE,

their entry into the Armed Forces and who are reported to their families either as missing in action or as prisoners of war at any time since 26 March 1964?"

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 substitute, offered by Mr. Ware of the 30th, was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the General Assembly to provide by law for tuition grants to qualified students who are children of certain United States servicemen who were bona fide residents of this State at the time of their entry into the Armed Forces and who are certified by the United States Depart ment of Defense or the United States Veterans Administration as missing in action for more than 90 days or captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power since 26 March 1964; 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 II of the Constitution is hereby amended by adding at the end thereof the following Para graph.
"The General Assembly is hereby authorized to provide by law for tuition grants to qualified students, who are children of certain United States servicemen as hereinafter provided, to enable them to complete programs of study offered in the educational institutions of this State. The tuition grants shall apply to children of servicemen who were bona fide residents of this State at the time of their entry into the Armed Forces and who are certified by the United States Department of Defense or the United States Veterans Administration as missing in action for more than 90 days or captured in line of duty by a hostile force or forcibly detained or interned in line of duty by a foreign power since 26 March 1964; provided, however, that this shall not include any serviceman who is not in fact missing in action, but is missing because of the unlawful actions on his part. The provisions of this Paragraph shall not apply to children born to any serviceman after his missing in action status is clarified or after his release

WEDNESDAY, FEBRUARY 23, 1972

1771

from prison. The provisions of this Paragraph shall not apply to children of any servicemen who were discharged under other than honorable conditions or while said servicemen are on active duty with the Armed Forces. The provisions of this Paragraph shall not apply to the children of any servicemen who are eligible for federal benefits under the provisions of Chapter 31, Title 38, U.S. Code Annotated (Veterans Vocational Rehabilitation) ; Chapter 34, Title 38, U.S. Code Annotated (Veterans Educational Assistance); or Chapter 35, Title 38, U.S. Code Annotated (Veterans of War Orphans Educational Assistance Act). The recipients of such tui tion grants must attend institutions within the University System of Georgia or vocational training institutions administered by the State Board of Education. The educational assistance to children of servicemen under the provisions of this Paragraph shall cover a period not in excess of 36 months (or the equivalent thereof in part-time training). The educational assistance to children of servicemen under the provisions of this Paragraph shall begin on the eighteenth birthday of such children or the successful comple tion of secondary schooling, whichever occurs first, and end on their twenty-sixth birthday. The term "child" or "children" shall include individuals who are married. The Board of Regents and the State Board of Education are hereby charged with the admin istration of this Paragraph and may promulgate necessary rules, regulations and procedures to carry out the purposes of this Paragraph. The General Assembly shall appropriate the necessary funds for said tuition grants."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for tuition
NO ( ) grants to qualified students who are children of cer tain United States servicemen who were bona fide residents of this State at the time of their entry into the Armed Forces and who are certified by the United States Department of Defense or the United States Veterans Administration as missing in action for more than 90 days or captured in line of duty by a hostile force, or forcibly detained or interned in line of duty by a foreign government or power since 26 March 1964?"

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.

1772

JOURNAL OF THE HOUSE,

The following amendments to the floor substitute were read and adopted:

Mr. Ware of the 30th moves to amend the floor substitute to HR 678-1585 by striking on page 2, lines 11 and 12, from the fourth sentence of the quoted paragraph in Section 1 the following:
"or while said servicemen are on active duty with the Armed Forces".

Mr. Ware of the 30th moves to amend the floor substitute to HR 678-1585 by deleting on line 33 of page 2 the words "The Board of Regents" and sub stituting in lieu thereof the words "The Georgia State Scholarship Commission".

The floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the adoption of the Resolution, by substitute, was agreed to, by substitute, as amended.

On the adoption of the Resolution, 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. Alexander, W. M. Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond
Bostick Bowen
Brantley, H. H. Brantley, H. L.
Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss

Busbee Carr Carter Chance 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, N. Dent Dixon

Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger
Granade Grantham
Greer Griffin
Groover Ham Harrington Harris Harrison Hawes

WEDNESDAY, FEBRUARY 23, 1972

1773

Hays Hood Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan Keyton Knight Kreeger Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey Marcus Matthews, C. Mauldin Maxwell

McCracken McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Peters 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 Stephens Strickland Sweat Thomason Thompson Toles Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, G. D. Alien Battle Blackshear Chandler Dailey Dean, Gib Dean, J. E. Dorminy Gignilliat Grahl

Gunter Hamilton Hill, B. L. Hill, G. Horton Jones, Herb King Knowles Lambert Lane, Dick Mason

Matthews, D. R. Oxford Phillips, G. S. Phillips, W. R. Rainey Russell, W. B. Townsend Triplett Whitmire Williams Mr. Speaker

On the adoption of the Resolution, by substitute, as amended, the ayes were 162, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted, by substitute, as amended.

1774

JOURNAL OF THE HOUSE,

HB 1106. By Mr. Groover of the 27th:
A Bill to be entitled an Act to amend Code Section 27-2401, relating to stenographic notes, the entry of testimony on the minutes of the court, and transcripts or briefs, so as to provide that filing of untranscribed recording tapes, stenographic notes or like materials shall be a sufficient entry on the minutes of the court; and for other pur poses.

The following Committee amendment was read and adopted:

The Committee on Judiciary moves to amend HB 1106 as follows:
By adding after the word "his" and before the word "sentence" on line 9 the word "entire" and by striking on lines 9 and 10 the words "or the release of the defendant on parole";
and by adding on line 25 of Section 1, page 1 after the word "his" and before the word "sentence" the word "entire" and by striking the words on lines 25 and 26 the words "or the release of the defendant on parole."

The following amendments were read and adopted:

Mr. Groover of the 27th moves to amend HB 1106 by adding on line 8 of page 1 after the word "upon" the words "the expiration of three years of", and by adding in line 23 of page 1 after the word "upon" the words "the expiration of three years of".

Mr. Groover of the 27th moves to amend HB 1106 by adding in line 17 of page 2 after the word "his" the word "entire" and by striking from line 18 of page 2 the words "or the release of the defendant on parole."

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

WEDNESDAY, FEBRUARY 23, 1972

1775

Atherton Barfield Battle Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger
Connell
Cook
Dailey
Daugherty
Davis ,E. T.
Davis, W.
Dean, Gib
Dean, N.
Dent
Dixon
Dorminy
Edwards
Egan
Evans
Ezzard
Floyd, J. H.
Fraser

Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Groover Ham Harrington Harris Harrison Hawes Hays Hood Horton Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Lewis
Longino
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, L. L. Pinkston Poole 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. Snow
Sorrells
Stephens
Strickland
Sweat
Thompson
Toles
Tripp
Turner
Vaughn
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Wood, J. T.
Wood, R. E.

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JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Blackshear Chandler Dean, J. E. Drury Farrar Pelton Floyd, J. R. Gary Grahl Gunter Hamilton Hill, B. L.

Hill, G. Housley Howard Kreeger Leggett Levitas Logan Matthews, C. McCracken Moore Phillips, G. S. Phillips, W. R.

Pickard Potts Rainey Rush Russell, W. B. Thomason Townsend Triplett Williams Wilson Mr. Speaker

On the passage of the Bill, as amended, the ayes were 160, nays 0.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 1179. By Messrs. Lambert of the 25th, Pickard of the 84th, Thompson of the 85th, Roach of the 10th, Bell of the 73rd and Carr of the 35th:
A Bill to be entitled an Act to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, so as to provide that no change shall be made by any utility in any rate, charge classification or service, or in any rule or regulation except upon 30 days' notice under certain conditions; and for other purposes.
The following Committee substitute was read and adopted:
A BILL
An Act to amend Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, so as to provide that no change shall be made by any utility as therein defined in any rate, charge, classification or service, or in any rule or regulation relating thereto, except upon 30 days' notice under certain conditions; to provide that the Commission may allow changes to take effect without requiring 30 days' notice under certain conditions; to provide that the Commission shall have the authority to enter upon a hearing concerning the reasonableness of such rate, charge, classification or service when ever any new schedule is filed with the Commission; to provide that the Commission may suspend the operation of such schedule and defer

WEDNESDAY, FEBRUARY 23, 1972

1777

the use of such rate, charge, classification or service for a certain period of time; to provide that the Commission, after hearings, may make such orders as are proper; to provide that the proposed change of rate, charge, classification or service shall go into effect at the end of a certain period of time if the proceedings of the Commission have not been concluded and an order made at the expiration of such time; to provide that the Commission shall by order require the interested utility to keep detailed records and make refunds under certain con ditions; to provide that the burden of proof to show that the increased rate or charge is just and reasonable shall be upon the utility; to provide for a speedy hearing and decision of such questions; to provide for a bond; 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. Code Chapter 93-3, relating to the jurisdiction, powers and duties of the Public Service Commission, is hereby amended by adding, immediately after Code Section 93-307, a new Code Section to be designated Code Section 93-307.1, to read as follows:

"93-307.1. (a) No change shall be made by any person, firm or corporation (hereinafter referred to as 'utility') subject to the jurisdiction of the Public Service Commission in any rate, charge, classification or service subject to the jurisdiction of the Com mission, or in any rule or regulation relating thereto, except after 30 days' notice to the Commission and to the public, unless the Commission otherwise orders, or unless the Commission has previously authorized or approved the same. Such notice shall be given by filing with the Commission and keeping open for public inspection new schedules stating plainly the change or changes to be made in the schedule or schedules then in force and the time when the change or changes will go into effect. The Commission, for good cause shown, may allow changes to take effect without requiring the 30 days' notice herein provided for by an order specifying the changes so to be made and the time when they shall take effect and the manner in which they shall be filed and published.
(b) Whenever any such new schedule is filed, the Commission shall have authority, either upon written complaint or upon its own initiative without complaint, at once, and, if it so orders, without answer or formal pleading by the utility but upon reasonable notice, to enter upon a hearing concerning the lawfulness of such rate, charge, classification, or service and, pending such hearing and the decision thereon, the Commission, upon filing with such schedules and delivering to the utility affected thereby a state ment in writing of its reasons for such suspension, may suspend the operation of such schedule and defer the use of such rate, charge, classification, or service, but not for a longer period than five months beyond the time when it would otherwise go into effect; and after such hearings as are required, either completed before or after the rate, charge, classification, or service goes into effect, the Commission may make such orders as are proper with

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JOURNAL OF THE HOUSE,

reference thereto within the authority vested in the Commission. The Commission is empowered to reduce or revoke any such suspen sion with respect to all or any part of such schedule. If the proceeding has not been concluded and an order made at the expiration of the suspension period, the proposed change of rate, charge, classification, or service shall go into effect at the end of such period, but in ease of a proposed increased rate or charge, the Commission shall by order require the interested utility to keep accurate account in detail of all amounts received by reason of such increase, specifying by whom and in whose behalf such amounts were paid, and upon completion of the hearing and decision shall by further order require such utility to refund, with interest at the maximum legal rate, in such manner as the Com mission may direct, such portion of such increased rates or charges as by its decision shall be found not justified. Any portion of such refunds not thus refunded to patrons or customers of the utility shall be refunded or disposed of by the utility as the Commission may direct, provided, however, no such funds shall accrue to the benefit of the utility. At any hearing involving a rate or charge sought to be increased, the burden of proof to show that the increased rate or charge is just and reasonable shall be upon the utility, and the Commission shall give to the hearing and decision of such questions preference over other questions pending before it and decide the same as speedily as possible.
(c) Before any increased rate or charge shall go into effect without the approval of the Commission, the Commission shall by order, require the interested utility to file a bond with the Com mission written by a surety approved by the Commission and authorized to transact business in this State. The bond shall be fixed by the Commission in an amount not to exceed two hundred fifty thousand dollars ($250,000.00). The bond shall be payable to the Governor and conditioned upon the faithful performance of the requirements of the refund order entered by the Commission, this Code Section, and the rules and regulations of the Commission."

Section 2. If any provision of this Act or the application thereof to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the Act which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
Section 3. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

WEDNESDAY, FEBRUARY 23, 1972

1779

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Daugherty Davis, W. Dean, N. Dent Dorminy Edwards
Egan
Evans
Ezzard
Farrar
Floyd, L. R.
Fraser

Gary Gaynor Geisinger Grahl Granade Grantham Griffin Groover Ham Hamilton Harrington Harris Harrison Hawes Hays Hood Horton Housley Howard Howell Hudson, C. M. Hutchinson Isenberg 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 Matthews, C. Matthews, D. R. Mauldin
Maxwell
McCracken
McDaniell
McDonald
Melton

Merritt Miles Milford Miller Morgan Mulherin Mullinax Murphy Nessmith Noble Northcutt Odom Oxford Patterson Patten Pearce Peters Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Savage Scarborough Shanahan Shepherd Sherman Smith, H. R. Smith, V. T. Snow Sorrells Strickland Thompson Toles Townsend Triplett Turner Vaughn
Wamble
Wheeler, Bobby
Wheeler, J. A.
Wilson
Wood, R. E.

1780

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.:

Carter

Dixon

Those not voting were Messrs.:

Battle Blackshear
Buck Chandler
Dailey Davis, E. T. Dean, Gib Dean, J. E. Drury Felton Floyd, J. H. Gignilliat Greer

Gunter Hill, B. L.
Hill, G. Hudson
Jessup Johnson King Marcus Mason Moore Moyer Nunn Phillips, G. S.

Phillips, L. L. Russell, W. B.
Sims Smith, J. R.
Stephens Sweat Thomason Tripp Ware Whitmire Wood, J. T. 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.

Mr. Busbee of the 61st assumed the Chair.

Under the general order of business, established by the Commission on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1124. By Mr. Murphy of the 19th:
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, so as to provide that graduates of nationally ac credited law schools located within the State of Georgia shall not be required to stand or pass a Georgia Bar Examination; and for other purposes.

Mr. Egan of the 116th moved that the previous question be ordered. On the motion, the ayes were 65, nays 50. The motion prevailed.

WEDNESDAY, FEBRUARY 23, 1972

1781

An amendment, offered by Mr. Rush of the 51st, was read and ruled out of order by the Acting Speaker.

An amendment, offered by Mr. Davis of the 86th, was read and ruled out of order by the Acting Speaker.

An amendment, offered by Mr. Gaynor of the 88th, was read and lost.

An amendment, offered by Mr. King of the 86th, was read and lost.

Agreement to the report of the Committee was dispensed with, inasmuch as the said report was "Without Recommendation".

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 Battle Berry Blackshear Bohannon Bostick Bo wen Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Carr Chance Cheeks Collins, M. Coney, G. D. Conger Connell
Dean, N.
Grahl
Greer
Groover
Harrington

Hill, B. L. Hood Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Keyton Knight Kreeger Lane, W. J. Lewis Lowrey Marcus Matthews, C. Matthews, D. R. Maxwell
McCracken
McDaniell
McDonald
Melton
Miles

Milford Miller Moyer Mulherin Mullinax Murphy Nessmith Nunn Patterson Patten Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Reaves Rush Russell, H. P. Scarborough
Shanahan
Shepherd
Sims
Smith, H. R.
Smith, J. R.

1782
Sweat Thomason Toles

JOURNAL OP THE HOUSE,

Tripp Ware

Williams Wood, J. T.

Those voting in the negative were Messrs.:

Adams, G. D. Alexander, W. H. Alexander, W. M. Alien Bell Bennett, J. T. Bennett, Tom Brantley, H. H. Brown, S. P. Chappell Clements Cole Collier Collins, S. Coney, J. L. Cook Daugherty Davis, E. T. Davis, W. Dean, Gib Dent Dorminy Drury Egan Evans Ezzard Farrar Felton Floyd, J. H.

Floyd, L. R. Fraser Gaynor Geisinger Gignilliat Granade Grantham Griffin Harris Hawes Hays Hill, G. Howard Isenberg Jones, Herb Jones, J. R. Jordan King Knowles Lambert Lane, Dick Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino

Mason Mauldin Noble Northcutt Odom Oxford Pearce Peters Poole Rainey Roach Ross Russell, A. B. Russell, W. B. Salem Sherman Snow Sorrells Stephens Thompson Town send Triplett Vaughn Wamble Wheeler, Bobby Whitmire Wilson Wood, R. E.

Those jiot voting were Messrs.:

Atherton Barfield Black Bond Buck Busbee Carter Chandler Colwell

Dailey Dean, J. E. Dixon Edwards Gary Gunter Ham Hamilton Harrison

Merritt Moore Morgan Savage Smith, V. T. Strickland Turner Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 82, nays 86.

WEDNESDAY, FEBRUARY 23, 1972

1783

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Murphy of the 19th 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 1124.

Mr. Ham of the 33rd stated that he had been called from the floor of the House when the roll was called on HB 1124, but had be been present would have voted "aye".

The Speaker assumed the Chair.

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 1204. By Messrs. Smith of the 43rd, Floyd of the 7th, 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 amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Appropriations Act", so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1972; and for other purposes.

Mr. Floyd of the 7th moved that the House insist on its position in dis agreeing to the Senate substitute and that a Committee of Conference be appointed on the part of the House to confer with a like committee on the part of the Senate.

The motion prevailed.

The Speaker appointed as a Committee of Conference on the part of the House the following members thereof:
Messrs. Floyd of the 7th, Murphy of the 19th and Busbee of the 61st.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate adheres to its substitute and has appointed a committee of Conference on the following Bill of the House, to-wit:

1784

JOURNAL OP THE HOUSE,

HB 1204. By Messrs. Smith of the 43rd, Floyd of the 7th, Murphy of the 19th, and others:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Appropriations Act", so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1972; 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 Gillis of the 20th.
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 1495. By Messrs. Brantley of the 52nd, Lane and Nessmith of the 44th, Triplett of the 93rd, Gignilliat of the 89th, Battle of the 90th and others: A Bill to be entitled an Act to amend an Act implementing the require ments of the Federal Intergovernmental Cooperation Act of 1968, so as to change the provisions relative to the boundaries of Area Planning and Development Commissions; and for other purposes.

The following substitute, offered by Mr. Brantley of the 52nd, was read:
A BILL
To be entitled an Act to amend an Act implementing the require ments of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga, Laws 1970, p. 321), so as to provide for the boundaries of certain Area Planning and Development Com missions; to provide for other 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 implementing the requirements of the Federal Intergovernmental Cooperation Act of 1968, approved March 18, 1970 (Ga. Laws 1970, p. 321), is hereby amended by adding a new section to be known as Section 12A to read as follows:
"Section 12A. Any other provisions of this Act to the con trary notwithstanding, the boundaries of the Area Planning and Development Commissions listed hereinafter shall not be changed. Such Commissions and the counties comprising their boundaries shall be as follows:

WEDNESDAY, FEBRUARY 23, 1972

1785

(1) Georgia Southern Area Planning and Development Com mission--Bulloch, Chandler, Chatham, Effingham and Evans.

(2) Altamaha Area Planning and Development Commission-- Appling, Jeff Davis, Tattnall, Toombs and Wayne.

(3) Coastal Area Planning and Development Commission-- Bryan, Camden, Glynn, Liberty, Long and Mclntosh."

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 following amendment was read and adopted:
Mr. Levitas of the 77th moves to amend the floor substitute to HB 1495 by adding in line 19 of Page 1 after the word "changed" the following:
", provided that any countjr may be changed to another Com mission upon a petition to the Board which has been approved by the governing authority of such county and by the governing au thority of each municipality in that county which is a member of the Commission."

The floor substitute, as amended, was adopted.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Alexander, W. M. Alien Atherton Barfield Battle Bell

Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bostick Bowen

Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Busbee Carr

1786
Carter Chance Chappell Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Fraser Gary Gaynor Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Housley

JOURNAL OF THE HOUSE,

Howard Howell Hudson, C. M. Hutchinson Isenberg 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 Morgan Mover Mulherin Mullinax Murphy Nessmith

Noble Northcutt Nunn Oxford Patterson Patten Pearce Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shepherd Sherman Sims Smith, H. R. Smtih, J. R. Smith, V. T. Snow Sorrells Strickland Sweat Thomason Thompson
Toles Town send Triplett Turner Vaughn Ware Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Bond Brown, B. D.

Burruss Chandler Collier Conger

Daugherty Dean, J. E. Dorminy Floyd, L. R.

WEDNESDAY, FEBRUARY 23, 1972

1787

Grahl Groover Hamilton Hill, G. Horton Hudson, Ted Jessup

Johnson, B. Moore Odom Peters Phillips, G. S. Pickard Rainey

Shanahan Stephens Tripp Wamble Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 163, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute, 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 HB 1495, by substitute, as amended, but had he been present would have voted "aye".

Mr. Levitas of the 77th stated that due to mechanical failure his vote was incorrectly recorded, but he wished to be recorded as "not voting".

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 Bills and Resolution of the House were taken up for consideration and read the third time:
HB 1768. By Messrs. Marcus of the 105th, Egan of the 116th, Mrs. Hamilton of the 112th, Mr. Horton of the 95th and others: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, and the several amendatory Acts thereof; and for other purposes.
Mr. Egan of the 116th moved the previous question be ordered.

1788

JOURNAL OF THE HOUSE,

On the motion, the ayes were 85, nays 15.

The motion prevailed. The following Committee amendment was read:

On the adoption of the Committee amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Atherton Battle Bell
Bennett, J. T. Bennett, Tom Berry Black Bohannon
Brantley, H. H. Brantley, H. L. Bray
Brown, C. Brown, S. P. Buck Busbee Carr Chandler Cheeks Clements Cole Collier Collins, M. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Davis, E. T. Davis, W. Dean, Gib Dean, N. Dixon Dorminy Drury

Edwards Egan Farrar Felton Floyd, J. H. Floyd, L. R. Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Ham Harrington Harris Harrison 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. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Milford Moore Morgan Moyer Mulherin Mullinax Murphy Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Packard Pinkston

WEDNESDAY, FEBRUARY 23, 1972

1789

Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Savage Shanahan

Sherman Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Thomason Toles Townsend

Triplett Tripp Vaughn Wamble Ware Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Alexander, W. H. Blackshear Bond Brown, B. D. Burruss Chance Daugherty

Dent Ezzard Hamilton Hawes Hill, B. L. Hill, G.

Hood Horton Housely Marcus Shepherd Sims

Those not voting were Messrs.:

Alexander, W. M. Alien Barfield Bostick Bowen Carter Chappell Collins, S. Dailey Dean, J. E.

Evans Fraser Gunter Hays Jones, Herb Larsen, W. W. Logan Miles Miller Nessmith

Phillips, W. R. Russell, H. P. Scarborough Strickland Thompson Turner Wheeler, J. A. Mr. Speaker

On the adoption of the Committee amendment, the ayes were 148, nays 19.

The Committee amendment was adopted.

The following amendment was read:
Mr. Brantley of the 114th moves to amend HB 1768 as follows:
By inserting on line 3 of page 1, preceding the words "and for", the following:
"to provide for a referendum; to repeal conflicting laws;".

1790

JOURNAL OF THE HOUSE,

By renumbering Section 14, beginning on line 5 of page 20, as Section 15.

By inserting a new Section 14 to read as follows:

"Section 14. Not less than five nor more than ten 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 governing au thority of the City of Atlanta to issue the call for an election for the purpose of submitting this Act to the residents of that area outside the corporate limits of the City of Atlanta as the same exists on March 1, 1972, who will be annexed into the City of At lanta under the provisions of this Act for approval or rejection. The governing authority shall set the date of such election for a day not less than 30 nor more than 45 days after 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 Fulton County. The ballot shall have written or printed thereon the words:

'( ) YES Shall the Act extending the corporate limits of the ( ) NO City of Atlanta 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 Atlanta. It shall be the duty of the governing authority to hold and conduct such elec tion. It shall hold such election under the same laws and rules and regulations as govern special elections, except as otherwise pro vided herein. It shall be the duty of the governing authority to canvass the returns and declare and certify the result of the elec tion. It shall be its further duty to certify the result thereof to the Secretary of State."

On the adoption of the amendment, the ayes were 71, nays 84.

Due to mechanical failure, the roll call on the adoption of the amendment could not be verified.

The amendment was lost.

Agreement to the report of the Committee was dispensed with inasmuch as said report was "Without Recommendation, As Amended".

WEDNESDAY, FEBRUARY 23, 1972

1791

On the passage of the Bill, as amended, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Alexander, W. M. Bennett, Tom Berry Black Bostick Bray Brown, C. Brown, S. P. Buck Busbee Carr Chance Cheeks Cole Collins, M. Colwell Coney, G. D. Conger Connell Daugherty Davis, E. T. Dean, Gib Dent Dorminy Edwards Egan Ezzard Farrar Felton Gary

Gaynor Grahl Grantham
Greer Ham Hamilton Hawes Horton Howell Hudson, Ted Hutchinson Isenberg Jessup Jordan King Lambert Lee, W. J. (Bill)
Lee, W. S. Leggett Levitas Lewis Longino Marcus Mason Matthews, C. Maxwell McDonald Merritt Milford Moore Morgan

Moyer Nunn Odom Patten Pearce Phillips, G. S. Phillips, L. L. Pickard Pinkston Poole Reaves Roach Russell, A. B. Russell, W. B. Savage Sims Smith, H. R, Smith, J. R. Smith, V. T. Snow Sorrells Thomason Thompson Townsend Triplett Vaughn Ware Whitmire Williams Wood, J. T.

Those voting in the negative were Messrs.

Adams, Marvin Alexander, W. H. Battle Bell Bennett, J. T. Blackshear Bond Brantley, H. H. Brantley, H. L. Brown, B. D. Burruss Clements Collier

Coney, J. L. Cook Davis, W. Dean, N. Drury Floyd, J. H. Floyd, L. R. Fraser Geisinger Granade Griffin Groover Harrington

Harris Harrison Hays Hill, B. L. Hill, G.
Hood Housley Howard Johnson Jones, J. R. Knight Knowles Kreeger

1792
Lane, W. J. Larsen, G. K. Logan Lowrey Matthews, D. R. Mauldin, A. T. McCracken Melton Mulherin Mullinax

JOURNAL OF THE HOUSE,

Murphy Nessmith Noble Northcutt Oxford Patterson Peters Potts Rainey Rush

Salem Shanahan Shepherd Sherman Stephens Sweat Toles Tripp Wilson Wood, R. E.

Those not voting were Messrs.:

Adams, John Alien Atherton Barfield Bohannon Bo wen Carter Chandler Chappell Collins, S. Dailey Dean, J. E.

Dixon Evans Gignilliat Gunter Hudson, C. M. Jones, Herb Keyton Lane, Dick Larsen, W. W. McDaniell Miles

Miller Phillips, W. R. Ross Russell, H. P. Scarborough Strickland Turner Wamble Wheeler, Bobby Wheeler, J. A. Mr. Speaker

On the passage of the Bill, as amended, the ayes were 92, nays 69.
The Bill, as amended having failed to receive the requisite constitutional ma jority, was lost.
Mr. Esan of the 116th 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 1768, as amended.
Mr. Drury of the 66th stated that his "Nay" vote had been erroneously re corded. He wished to be recorded as "Not Voting".
Mr. Dean of the 76th stated that he had been called from the floor of the House, but wished to be recorded as voting "nay" on the passage of HB 1768, as amended.
HB 1629. By Messrs. Farrar of the 77th, Wheeler of the 57th, Cole of the 3rd and others: A Bill to be entitled an Act to amend providing that school bus drivers

WEDNESDAY, FEBRUARY 23, 1972

1793

in the public schools shall be entitled to sick leave; 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. Alien Atherton Battle Bell Bennett, J. T. Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Colwell Coney, G. D.
Coney, J. L.
Conger

Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G.
Horton
Housley

Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt
Miles
Milford

1794
Moore Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce
Peters
Phillips,, G. S. Phillips, L. L.
Phillips, W. R.
Pickard
Poole

JOURNAL OF THE HOUSE,

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.
Smith, V. T.
Snow

Sorrells Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Barfield Collier Collins, S. Dean, J. E. Drury Egan

Geisinger Hamilton Hood Hudson, C. M. Keyton Miller

Morgan Pinkston Shepherd Stephens Turner Mr. Speaker

On the passage of the Bill, the ayes were 175, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

HR 681-1585. By Mr. Collins of the 62nd:
A Resolution authorizing the lease of certain real property located in the City of Pelham; 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 113, nays 0.

WEDNESDAY, FEBRUARY 23, 1972

1795

The Resolution, having received the requisite constitutional majority, was adopted.

The following communication from His Evcellency, Governor Jimmy Carter, was received and read:

EXECUTIVE DEPARTMENT Atlanta 30334

February 23, 1972

Speaker George L. Smith II House of Representatives State Capitol Atlanta, Georgia 30334

Dear Speaker Smith:

This is to advise you of my official estimate of "windfall" revenues to be derived from canges to existing tax laws approved by the 1972 General Assembly.

The Amended Acts and the amount of "windfall" revenues to be obtained are as follows:

Amended Acts

Official Revenue Estimate

H.B. 1214 amended the Georgia Insurance Code so as to

provide for the installment payment of annual premium

taxes on a quarterly basis, effective April 1, 1972.

$12,000,000

H.B. 1368 amended the Current Income Tax Payment Act of 1960, as amended so as to change the dates and provide the manner for reporting and paying the amount of tax withheld from employees' wages under certain circum stances, to become effective April 1, 1972.

$ 7,000,000

H.B. 1471 amended the Georgia Retailers and Consumers' Sales and Use Tax Act, as amended, so as to provide that dealers shall remit on or before the 20th day of the month 50% of the estimated tax liability for such month where such estimated tax liability exceeds $2,500.00, to become effective April 1, 1972.

$ 9,000,000

Sincerely,
/s/ Jimmy Carter Governor

1796

JOURNAL OP THE HOUSE,

The following Resolution of the Senate was read and adopted:

SR 302. By Senator Coggin of the 35th:
A RESOLUTION
Relative to adjournment; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA that the General Assembly adjourn on February 25, 1972, at 5:00 o'clock p.m. and reconvene on February 28, 1972, at 10:00 o'clock a.m.

Mr. Lambert of the 25th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

THURSDAY, FEBRUARY 24, 1972

1797

Representative Hall, Atlanta, Georgia Thursday, February 24,1972

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. Gerald Farmer, Pastor, Mt. Olive Church of the Nazarene, Wrightsville, Georgia:
Our Father, Which art in Heaven;
How thankful we are for this privilege of prayer. We come beseech ing Thy help for this hour. We thank Thee for these men and women and for the service they are rendering to our state.
Make Thy purpose and Thy will known to them and enlighten their hearts and minds. May they be aware of their solemn duties and obliga tions to God and man. Pour out Thy Spirit of peace upon each of these our leaders in these turbulent times. May our lives count for Thee now and forever.
Amen.

By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing, and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

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.

1798

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, Thursday, February 24,1972, and submits the following:

HB 1125. Bank Charters, applications.

HB 1128. Department of Public Safety, Director Compensation.

HB 1155. Divorce & Alimony, Revise Laws.

HB 1191. Ordinary Retirement Fund, Vacancies.

HB 1192. Ordinary Retirement Fund, Member Term.

HB 1194. Ordinary Retirement Benefits, Age.

HB 1196. Retirement Fund Ordinaries, Secretary Treasurer.

HB 1223. Rezoning, Certain Applications & Rep.

HB 1291. Cruelty to Animals, Colored Chicks.

HB 1313. Emp. Awards Board, Compensation.

HB 1320. Certain State Officials, Compensation.

HB 1393. Superior Court Judges, employ secretaries.

HB 1394. Franchise, petroleum & gas dealers.

HB 1400. Veterans' Day, Date of Observance.

HR 599-1401. Disabled Veterans, Ad Val. Tax on Vehicle.

HR 608-1425. Merger of counties, petition of voters.

HB 1450. Criminal Cases, State Right to Appeal.

HB 1451. Criminal Trials, Unsworn Statement.

HR 620-1454. Judicial Circuit, Study Committee.

HB 1466. Commission on Compensation, reports.

HB 1474. Counties, Levy Tax, Public Health.

HB 1475. Fire Fighter's Mediation, City, County.

HR 633-1485. Private Companies, Corp. Powers and Privileges.

HB 1498. State Owned Per. Prop., Central Inventory.

HR 643-1498. Relocation Ass't. and Land Acquisition Grants.

HB 1594. Uniform Relocation Ass't, financial ass'ts.

HB 1595. Highway Department, subletting contracts.

?'/,

THURSDAY, FEBRUARY 24, 1972

1799

HB 1672. Eminent domain, special master, salary. HB 1680. Illegitimate child, support of.

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 1938. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Hancock County, so as to change the compensation of the Chairman and members of the Board of County Commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1939. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to amend Code Chapter 100-1, relating to State Depositories so as to provide that the Director of Transportation shall replace the State Treasurer as a member of the Board; and for other purposes.
Referred to the Committee on Rules.

HB 1940. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to amend State Properties Control Code, so as to add the Attorney General and remove the Treasurer from the State Properties Control Commission; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1941. By Messrs. Murphy and Dean of the 19th: A Bill to be entitled an Act to amend an Act creating a new charter

1800

JOURNAL OF THE HOUSE,

for the City of Bremen, so as to authorize the mayor and council of said city to dispose of real property owned by the city at a public or private sale; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1942. By Messrs. Smith of the 39th and Greer of the 95th:
A Bill to be entitled an Act to amend Code Chapter 68-5, so as to provide for a uniform charge of $5 for the registration of each vehicle operated by motor contract carriers engaged in intrastate commerce or interstate commerce in this State; and for other purposes.
Referred to the Committee on Motor Vehicles.

HB 1943. By Mr. Davis of the 75th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws relating to the governing authority of DeKalb County, so as to provide for five commissioner districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1944. By Messrs. Barfield of the 71st, Bowen of the 47th, Hudson of the 48th, Strickland of the 56th, Bennett of the 71st and Reaves of the 71st and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt certain machinery and equipment and components thereof from the provisions of this Act; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1945. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Monroe County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1946. By Messrs. Patten and Matthews of the 63rd and Adams of the 39th:
A Bill to be entitled an Act to amend Code Chapter 58-6, relating to miscellaneous provisions with respect to intoxicating liquors, so as to prohibit certain sellers of distilled spirits or alcoholic beverages from cashing checks drawn by a governmental body, which checks are pay-

THURSDAY, FEBRUARY 24, 1972

1801

ments of assistance to recipients of public assistance; and for other purposes.
Referred to the Committee on Welfare.

HB 1947. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Pike County, so as to provide that the members of the board shall be elected by the vote of all of the electors of the Pike County School District; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1948. By Messrs. Evans and Bennett of the 81st and Coney of the 82nd: A Bill to be entitled an Act to amend Code Chapter 47-10, relating to lobbying, so as to provide that any employee of the State or any political subdivision shall not be compensated from public funds for any day such employee is present at the State Capitol during the session of the General Assembly for the purpose of aiding or opposing the enactment of any legislative proposal; and for other purposes.
Referred to the Committee on State of Republic.
HB 1949. By Mr. Chance of the 44th: A Bill to be entitled an Act to abolish the present mode of compensating the Ordinary of Effingham 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 1950. By Messrs. Snow and Hays of the 1st: A Bill to be entitled an Act to amend the Act creating the Dade County Water Authority, so as to change the name of said Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1951. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act incorporating the City of Social Circle, so as to increase the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1802

JOURNAL OF THE HOUSE,

HB 1952. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to create the Walnutgrove-Youth Water Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1953. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act incorporating and providing a new charter for the City of Social Circle, so as to provide for addi tional powers of the city council; to provide for easements and the power of eminent domain; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 802-1953. By Mr. Matthews of the 16th: A Resolution creating the Student Financial Aid Study Commission; and for other purposes.
Referred to the Committee on University System of Georgia.

HR 803-1953. By Mr. Sorrells of the 24th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Monroe to tax and control the manufacture, possession, distribution and sale of alcoholic beverages within said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs-Local Legislation.

HR 804-1953. By Messrs. Dean and Mason of the 13th:
A Resolution creating the Gwinnett County Facilities and Law Enforce ment Council; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 805-1953. By Mr. Burruss of the 117th:
A Resolution proposing an amendment to the Constitution so as to re move the Treasurer as an elected Constitutional Officer; to provide for maintenance of the State Sinking Fund; and for other purposes.
Referred to the Committee on Rules.

THURSDAY, FEBRUARY 24, 1972

1803

HB 1955. By Messrs. Tripp and Jessup of the 49th:
A Bill to be entitled an Act to amend an Act creating a new chapter for the City of Eastman, so as to abolish the office of city manager; to create the office of Mayor of the City of Eastman; and for other pur poses.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1956. By Messrs. Jessup and Tripp of the 49th: A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, so as to provide that the city may provide by ordinance for the punishment of persons convicted of driving under the influence of alcoholic beverages or drugs; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1957. By Messrs. Jessup and Tripp of the 49th: A Bill to be entitled an Act to amend an Act placing the tax receiver of Bleckley County upon an annual salary, so as to change the compensa tion of the clerk of the tax receiver; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1958. By Messrs. Jessup and Tripp of the 49th: A Bill to be entitled an Act to create a three-member Board of Commis sioners of Pulaski County; to provide for Commissioner Districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1959. By 'Messrs. Jessup and Tripp of the 49th: A Bill to be entitled an Act to create and establish a Small Claims Court in and for Bleckley County; to prescribe the jurisdiction of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1960. By Messrs. Bennett of the 71st, Dent of the 79th, Lane of the 44th, Harrison of the 58th, Hudson of the 28th and Bennett of the 81st:
A Bill to be entitled an Act to provide for the licensing of all persons, firms, partnerships, companies and corporations selling or servicing

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JOURNAL OF THE HOUSE,

fire systems and fire extinguishers; to provide for permits; and for other purposes.
Referred to the Committee on Industry.

HB 1961. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A Bill to be entitled an Act to create the Albany-Dougherty County Governmental Study Commission; to provide for the appointment of members and their compensation, qualifications, expenses, duties and powers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 807-1961. By Messrs. Leggett and Isenberg of the 67th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of Glynn County who is 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes levied by said county; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 808-1961. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:

A Resolution proposing an amendment to the Constitution so as to

create the Albany-Dougherty County Governmental Revision Commis

sion for the purpose of investigating all matters relating to the consoli

dation of the government of the City of Albany and Dougherty County;

and for other purposes.

'.

Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 809-1961. By Mr. Wamble of the 69th:
A Resolution compensating Mr. Marvin Parramore; and for other purposes.
Referred to the Committee on Appropriations.

HR 810-1961. By Mr. Wamble of the 69th:
A Resolution compensating Mr. Robert L. Waldrop; and for other pur poses.
Referred to the Committee on Appropriations.

THURSDAY, FEBRUARY 24, 1972

1805

HB 1962. By Messrs. Kreeger, Howard and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, so as to provide for apportioned Dis tricts for the election of Commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1963. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to add one additional judge of the superior courts of the Western Judicial Circuit of Georgia; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 1964. By Messrs. Kreeger, McDaniell, Howard and Burruss of the 117th:
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 appropriation provisions of said Act; and for other purposes.
Referred to the Committee on Appropriations.

HB 1965. By Messrs. Kreeger, Howard, Housley, Atherton, McDaniell and Bur russ of the 117th:
A Bill to be entitled an Act to create and establish an Airport Authority for Paulding County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 811-1965. By Mr. McDonald of the 15th:
A Resolution proposing an amendment to the Constitution so as to create the West Jackson Fire District and to authorize the levying of a tax on the taxable property in the territory comprising said District for fire protection purposes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1966. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to consolidate the governments of the City of Savannah and the County of Chatham; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HB 1967. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to change the method of appointing and dis charging certain officers and employees of the City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1968. By Messrs. Jones of the 87th, Triplett of the 93rd, Alien of the 92nd and Battle of the 90th:
A Bill to be entitled an Act to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chat ham shall be elected by the voters of Chatham County, so as to change the provisions relative to Education District; and for other purposes-
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1969. By Messrs. Moyer and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act creating the Houston Judicial Circuit, so as to provide for an investigator for the District Attorney of said Circuit; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1970. By'Messrs. Moyer and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act creating the Houston Judicial Circuit, so as to change the terms for the drawing of Grand Juries; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1971. By Messrs. Sims of the 106th, Battle of the 90th, Ezzard of the 102nd,, Scarborough of the 81st and Stephens of the 103rd:
A Bill to be entitled an Act to regulate private employment agencies; to repeal a specific Act; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 1972. By Mr. Levitas of the 77th: A Bill to be entitled an Act to amend an Act providing that it shall

THURSDAY, FEBRUARY 24, 1972

1807

unlawful for any person to possess a firearm during the commission or attempt to commit a felony, so as to provide that it shall be unlawful for any person to possess certain knives during the commission or attempt to commit a felony; and for other purposes.
Referred to the Committee on Judiciary.

HB 1973. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to provide that no bank, lending company, financial institution, retail installment seller, or person extending credit may discriminate on the basis of sex, race, religion or marital status; and for other purposes.
Referred to the Committee on Banks and Banking.

HB 1974. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act prohibiting the sale or delivery of certain harmful materials to minors, so as to provide that the provisions of this Act shall not apply to certain persons; and for other purposes.
Referred to the Committee on Industry.

HR 813-1974. By Messrs. Wilson, Atherton, Kreeger, Housley and Howard of the 117th:
A Resolution proposing an amendment to the Constitution so as to extend the period of time over which revenue bonds may be issued by the Board of Lights and Waterworks of the City of Marietta, and to provide that said board may maintain a combined utility system in behalf of said City, and may prescribe rules and regulations pertaining to the operation without any joint action by the governing body of Marietta; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1975. By Messrs. Cole and Smith of the 3rd: A Bill to be entitled an Act to amend an Act placing the sheriff, clerk

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JOURNAL OF THE HOUSE,

of the superior court and ordinary of Whitfield County on a salary system of compensation, so as to change the provisions relative to the compensation of said sheriff, clerk of the superior court and ordinary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1976. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Whitfield County into the office of tax commissioner of said county, so as to change the provisions relative to the compensation of said tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1977. By Messrs. Smith, Cole and Turner of the 3rd:
A Bill to be entitled an Act to reincorporate the City of Tunnell Hill, in the County of Whitfield and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1978. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act establishing a system .of public schools in the City of Valdosta, so as to change the method of election and the terms of office of the members of the Board; and other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1979. By Mr. Bostick of the 63rd:
A Bill to be entitled an Act to amend the Act known as the "Unem ployment Compensation Law", so as to increase the maximum weekljr benefit amount; and for other purposes.
Referred to the Committee on Industrial Relations.

HB 1980. By Messrs. Geisinger of the 72nd, Russell and Farrar of the 77th, Jordan of the 74th, Wood of the 75th, Bell of the 73rd, Levitas and Thomason of the 77th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that in certain counties the governing authority majr

THURSDAY, FEBRUARY 24, 1972

1809

license the sale of distilled spirits or alcoholic beverages by the drink and adopt such rules, regulations and fees as may be appropriate without a referendum and for other purposes.
Referred to the Committee on Temperance.

HB 1981. By Mr. Dean of the 76th:
A Bill to be entitled an Act to amend an Act establishing a new minimum foundation program for the education of Georgia's children, so as to change the provisions relating to certification and classification of professional school personnel; and for other purposes.
Referred to the Committee on Education.

HB 1982. By Messrs. Bell of the 73rd, Farrar of the 77th and Geisinger of the 72nd:
A Bill to be entitled an Act to fix the compensation of the solicitors of State Courts of certain counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1983. By Messrs. Bell of the 73rd, Farrar of the 77th and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of DeKalb County, so as to change the compensation of the Chairman and members of said Board of Commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1984. By Messrs. Bell of the 73rd, Farrar of the 77th and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act amending Code Section 21-105, providing an annual salary for coroners in lieu of fees in certain counties, so as to change the salary of such coroners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1985. By Messrs. Bell of the 73rd, Farrar of the 77th and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act fixing, prescribing and establishing compensation of the elective county officials of DeKalb

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JOURNAL OF THE HOUSE,

County, so as to change the compensation of said officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1986. By Messrs. Bell of the 73rd, Farrar of the 77th and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act creating the State Court of DeKalb County, so as to change the compensation of the judges of said Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1987. By Messrs. Lambert of the 25th and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act known as the "General Tax Act", so as to provide that certain associations created for certain purposes shall not be required to make annual tax returns; and for other purposes.
Referred to the Committee on Ways and Means.

HB 1988. By Mr. Coney of the 118th:
A Bill to be entitled an Act to provide for the management of records in the State of Georgia; to create the State Records Committee; and for other purposes.
Referred to the Committee on State of Republic.

HR 815-1988. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HR 816-1988. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 1989. By Mr. Connell of the 79th: A Bill to be entitled an Act to amend an Act placing certain county

THURSDAY, FEBRUARY 24, 1972

1811

officers upon an annual salary, so as to provide for additional clerks for the clerk of the superior court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1990. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Snellville, so as to change the date of elections; to change the provisions relative to the recorder; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1991. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, so as to redefine the City Limits thereof and add new territory thereto; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1992. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act creating a new Board of Commissioners of Gwinnett County, so as to redefine Commissioner Districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 1993. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Roads and Revenues for Dougherty County, so as to provide for a purchasing agent and to define his duties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1994. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act creating a new Board of Commissioners of Gwinnett County, so as to change the provisions relative to the chairman of the Board of Commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 1995. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to provide for the education districts for the election of the members of the Board of Education of Gwinnett County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 1996. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to amend Code Chapter 32-9, relative to county boards of education so as to provide that certain persons shall not be eligible to serve as members of county boards of education; and for other purposes.
Referred to the Committee on Education.

HB 1998. By Messrs. Harrison of the 58th, Jones of the 87th, Morgan of the 23rd, Hutchinson of the 61st, Murphy of the 19th and Leggett of the 67th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety for Georgia, so as to provide that the district attorney of each judicial circuit in Georgia may request assistance from the Georgia Bureau of Investigation in the investigation of certain crimes; and for other purposes.
Referred to the Committee on Judiciary.
HB 1999. By Mr. McDonald of the 15th:
A Bill to be entitled an Act to create a new charter for the City of Jefferson in the County of Jackson; to enumerate the corporate powers of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 817-1999. By Mr. Tripp of the 49th:
A Resolution proposing an amendment to the Constitution so as to provide for a limitation on the maximum length of service by any citizen as county commissioner, superintendent of schools, tax commis sioner, sheriff, ordinary or clerk of the superior court of Dodge County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 2000. By Mr. Davis of the 75th:
A Bill to be entitled an Act to amend an Act establishing a new charter

THURSDAY, FEBRUARY 24, 1972

1813

for the City of Atlanta, so as to change the corporate limits of the City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2001. By Mr. Davis of the 75th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change the corporate limits of the city; and for other purposes.
Referred to the Committee on State Planning & Community NAffairs--Local Legislation.

HB 2002. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority, so as to clarify the tax status of the Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2003. By Messrs. Dean of the 13th, Snow of the 1st, Pelton of the 95th, Knight of the 30th, Bray of the 31st, Ham of the 33rd, Brown of the 81st and others:
A Bill to be entitled an Act to amend Code Title 27, relating to criminal procedure, so as to provide for discovery and inspection in criminal cases; and for other purposes.
Referred to the Committee on Judiciary.

HB 2004. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act creating a Board of Commissioners of Dougherty County, so as to change the procedure for selecting a chairman of the board of commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2005. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act establishing the City Court of Albany, so as to change the compensation of the judge of said court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 2006. By Messrs. Floyd, Wood, Granade and Davis of the 75th:
A Bill to be entitled an Act to provide that it shall be unlawful for any real estate agent or broker to induce any person to sell or rent his dwelling except under certain circumstances; and for other purposes.
Referred to the Committee on Industry.

HB 2007. By Mr. Floyd of the 75th:
A Bill to be entitled an Act to amend Code Section 34-1002, relating to the requirement of the filing of a notice of candidacy, so as to change the number of days in which the notice of candidacy must be filed with the Secretary of State; and for other purposes.
Referred to the Committee on State of Republic.

HB 2008. By Messrs. Greer and Hawes of the 95th, Alexander of the 96th, Marcus of the 105th, Shepherd of the 107th, 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.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the committees:

HB 2009. By Messrs. Greer of the 95th, Savage of the 104th, Horton of the 95th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to change and redefine the corporate limith of the City of Alpharetta; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2010. By Messrs. Greer of the 95th, Savage of the 104th, Horton of the 95th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Roswell, 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.

THURSDAY, FEBRUARY 24, 1972

1815

HB 2011. By Messrs. Greer of the 95th and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Section 34-603, relating to the appointment of county registrars, so as to provide that hoards of election of certain counties of this State shall appoint a director of registrations and elections who shall have the duties and functions of chief registrar; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2012. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th, Stephens of the 103rd and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to amend the city limit boundary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2013. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th and Stephens of the 103rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to provide for qualifica tions for candidates for Mayor and Councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2014. By Messrs. Greer of the 95th, Egan of the 116th, Felton and Hawes of the 95th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act providing for Boards of Elections in certain counties, so as to create the position of Director of Registrations and Elections and to define the duties and functions of such office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2015. By Messrs. Adams of the 100th, Sims of the 106th, Alexander of the 96th and others:
A Bill to be entitled an Act to create a Civil Service Board of Fulton County, so as to abolish the Civil Service Board of Fulton County and recreate the same as the Personnel Board of Fulton County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 2016. By Messrs. Greer of the 95th, Longino of the 98th, Bond of the lllth, Savage of the 104th and others:
A Bill to be entitled an Act to amend an Act incorporating Union City, so as to extend the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2017. By Messrs. Adams of the 100th, Greer of the 95th, Savage of the 104th, Sims of the 106th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change certain provisions relating to the Chairman of the Board of Commissioners; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2018. By Messrs. Lane of the 101st, Hawes of the 95th, Brown of the 110th, Bond of the lllth and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, so as to change the corporate limits; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 2019. 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 Mountain Park, so as to include certain described property within the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 2020. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th, Stephens of the 103rd, Larsen of the 113th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to amend the city limit boundary; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2021. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th, Stephens of the 103rd, Larsen of the 113th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter

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1817

for the City of College Park, so as to amend the city limit boundary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2022. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th, Stephens of the 103rd, Larsen of the 113th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to amend the city limit boundary; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2023. By Messrs. Davis of the 75th, Bell of the 73rd, Levitas and Farrar of the 77th, Vaughn of the 74th and others:
A Bill to be entitled an Act to amend an Act creating the City of Atlanta Charter Commission, so as to change the provisions relative to membership of the Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 818-2023. By Messrs. Adams of the 100th, Hood of the 99th, Shepherd of the 107th and Larsen of the 113th:
A Resolution proposing an amendment to the Constitution authorizing the governing authority of Fulton County to district said county for the purpose of providing any or all services within such districts; to authorize the levy of taxes within such districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 819-2023. By Mr. Hawes of the 95th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of the City of Atlanta to levy and collect taxes, licenses, and other charges on all objects and subjects of taxation which are not prohibited by the Constitution and general laws of Georgia; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 820-2023. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th, Stephens of the 103rd, Larsen of the 113th and others:
A Resolution proposing an amendment to the Constitution so as to

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provide a homestead exemption from City ad valorem taxation to resi dent homeowners in the City of College Park, who are under the age of 65 in an amount of $2,000, and those who are 65 years of age or older in an amount of $4,000; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 821-2023. By Mr. Hawes of the 95th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Fulton County to levy and collect taxes, licenses, and other charges on all objects and subjects of taxation which are not prohibited by the Constitution and general laws of Georgia; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 822-2023. By Mr. Alexander of the 96th:
A Resolution proposing an amendment to the Constitution so as to authorize the General Assembly to provide by local or special law for the membership and the manner of electing the Fulton County Board of Education and for the appointment of the Fulton County School Superintendent by said Board without the necessity of a referendum election by the voters of the Fulton County School District; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 823-2023. By Messrs. Roach of the 10th, Bennett of the 81st, Collier of the 54th, Adams of the 9th, Snow of the 1st, Lee of the 61st, Bennett of the 71st:
A Resolution proposing an amendment to the Constitution so as to provide that a jury of six persons shall try misdemeanor cases in the superior courts; and for other purposes.
Referred to the Committee on Special Judiciary.

HB 2024. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to reincorporate the City of Loganville in the County of Walton; to create a new charter for said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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HB 2025. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Between, so as to appoint a mayor and four councilmen; to change the provisions relative to the election, qualification and terms of office of the mayor and councilmen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local legislation.

HB 2026. By Mr. Collins of the 72nd:
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 minimum salaries established by the Board of Education of drivers of certain school buses; and for other purposes.
Referred to the Committee on Education.

HB 2027. 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 of Taylor County, so as to provide for a secre tary for the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2028. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to reincorporate the City of Butler in the County of Taylor; to create a new charter for said city; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HR 824-2028. By Mr. Oxford and Mrs. Merritt of the 46th:
A Resolution proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Americus Development Authority; and for other purposes. Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2029. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to amend Code Chapter 84-1 as amended, relating to the Joint Secretary of State Examining Boards, so as to provide for the biennial issuance of all licenses and certificates issued

1820

JOURNAL OF THE HOUSE,

by the State Examining Boards pursuant to Title 84 of the Code of Georgia; and for other purposes.
Referred to the Committee on State of Republic.

HB 2030. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to redefine the word "agency" by removing exceptions relating to certain boards, commissions, public authorities and departments; and for other purposes.
Referred to the Committee on Judiciary.

HB 2031. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to provide for a program of Early Childhood Development; and for other purposes.
Referred to the Committee on Rules.

HB 2032. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to provide for an annual inspection of all roads projects in this State constructed wholly or in part with State funds or bond funds of the Georgia Highway Authority; and for other purposes.
Referred to the Committee on Highways.

HB 2033. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to amend the "Georgia Securities Act", so as to provide for definitions; to provide for the registration of securi ties ; and for other purposes.
Referred to the Committee on Rules.

HB 2034. By Messrs. Ware of the 30th and Gunter of the 6th:
A Bill to be entitled an Act to amend the "Georgia Firearms and Weapons Act", so as to redefine the term "sawed-off shotgun"; and for other purposes.
Referred to the Committee on Judiciary.

HB 2035. By Messrs. Chandler and Harrington of the 34th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, so as to change the corporate limits of said city; to provide for referendums; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

THURSDAY, FEBRUARY 24, 1972

1821

HB 2036. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to prohibit the use of hypnotism, mesmer ism, and any similar Act or process except in the practice of optometry, dentistry, medicine and surgery, and in the practice of a licensed applied psychologist upon referral by a licensed physician; and for other purposes.
Referred to the Committee on Health and Ecology.

HB 2037. By Messrs. Griffin and Conger of the 68th:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and creating in lieu thereof the office of Tax Commissioner, so as to change the compensa tion of the Tax Commissioner; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 2038. By Mr. Nunn of the 41st:
A Bill to be entitled an Act to amend Code Section 59-112, relating to persons exempt from jury duty, so as to provide for additional persons who shall be exempt from jury duty; and for other purposes.
Referred to the Committee on Judiciary.
HB 2039. By Mr. Nunn of the 41st:
A Bill to be entitled an Act to amend Code Section 74-105, relating to the father's obligation as to maintenance, protection and education of his children, so as to provide that a husband shall be liable for the main tenance, protection and education of the children of his wife until ma jority; and for other purposes.
Referred to the Committee on Judiciary.

HR 856-2039. By Mr. Greer of the 95th:
A Resolution proposing an amendment to the Constitution so as to make the provisions of the Constitution requiring notice of intention to intro duce local legislation inapplicable to an Act amending the charter of the City of Mountain Park and changing the corporate limits of said city without a proper advertisement of local legislation; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 2040. By Messrs. Battle of the 90th, Alien of the 92nd, Gignilliat of the 89th and Triplett of the 93rd:
A Bill to be entitled an Act to amend an Act providing that the Board

1822

JOURNAL OF THE HOUSE,

of Public Education for the City of Savannah shall be elected by the voters of Chatham County, so as to provide that the Board of Public Education shall be composed of eight members; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 2041. By Messrs. Cole, Smith and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending1 and codifying the various Acts incorporating the City of Dalton, so as to change the provisions relating to the number of votes required for election to office; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 2042. By Messrs. Cole, Smith and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending, and codifying the various Acts incorporating the City of Dalton, so as to divide the City into election wards; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HB 2043. By Messrs. Cole, Smith and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, so as to incorporate in said city certain parts of Land Lot 10, in the 13th Dis trict and 3rd Section of Whitfield County; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 857-2043. By Messrs. Cole of the 3rd, Shanahan of the 8th, Turner and Smith of the 3rd:
A Resolution proposing an amendment to the Constitution so as to per mit the establishment in Gordon, Murray and Whitfield Counties of a political subdivision having normal and extraordinary powers and to provide for the planned and orderly establishment and growth of such political subdivision as a new community; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 858-2043. By Mr. Jordan of the 74th:
A Resolution repealing House Resolution No. 531-1205, proposing an amendment to the Constitution so as to authorize and direct the govern-

THURSDAY, FEBRUARY 24, 1972

1823

ing authority of DeKalb County to pay to the Board of Education of DeKalb County 50% of the net revenue realized by said county from the sale of malt beverages, adopted by the 1972 Session of the General Assembly; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 859-2043. By Mr. Jordan of the 74th:
A Resolution proposing an amendment to the Constitution so as to provide for DeKalb County either to levy a tax or to impose a license, or both, on the wholesale and retail sale of alcoholic beverages, liquors, malt beverages and wines; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 860-2043. By Mr. Cook of the 95th:
A Resolution creating the City of Atlanta-Pulton County Consolidation and Merger Study Committee; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 861-2043. By Messrs. Marcus of the 105th, McDonald of the 15th, Edwards of the 45th, Collier of the 54th, Collins of the 72nd and Bell of the 73rd:
A Resolution proposing an amendment to the Constitution so as to remove the provisions relative to the advertising of local legislation; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

HR 862-2043. By Mr. Gaynor of the 88th:
A Resolution proposing an amendment to the Constitution so as to abolish the Recorder's Court of Chatham County and to provide that the Recorder's Court shall succeed, replace and have the jurisdiction, powers and duties formerly possessed by said Court and to provide for additional jurisdiction of said Recorder's Court and for the terms of office and the election of the judge; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

1824

JOURNAL OP THE HOUSE,

HB 1863. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act incorporating the City of Union Point, so as to authorize the Mayor and Council of said City to sell, lease or otherwise transfer land belonging to the City of Union Point and held for industrial development, upon such terms and condi tions as the Mayor and Council shall determine; and for other purposes.

HB 1864. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act placing certain county officers of Greene County upon an annual salary, so as to change the compensation of the sheriff, the clerk of the superior court, the ordinary, and the coroner of Greene County; and for other purposes.

HB 1865. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act incorporating the City of Union Point, so as to provide that the Mayor and City Council may appoint a Recorder to serve as judge of the Mayor's Court of the City of Union Point; and for other purposes.

HB 1866. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Madison, so as to change the compensation of the Mayor and Aldermen of said City; and for other purposes.

HB 1867. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act placing the Sheriff, Clerk of the Superior Court, Ordinary, Tax Collector and Tax Receiver of Morgan County on a salary basis in lieu of the fee system of compen sation, so as to change the compensation of the Clerk of the Superior Court and the Ordinary of Morgan County; and for other purposes.

HB 1868. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Morgan County into the office of Tax Commissioner, so as to change the compensation of the Tax Com missioner; and for other purposes.

HB 1869. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to abolish the method of compensating the Clerk of the Superior Court and the Ordinary of Lumpkin County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.

THURSDAY, FEBRUARY 24, 1972

1825

HB 1870. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to provide an annual salary for the Tax Commissioner of Lumpkin County in lieu of all fees; and for other purposes.

HB 1871. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act changing the method of compensating the sheriff of Union County from the fee system to the salary system, so as to change the salary of said sheriff; and for other purposes.

HB 1872. By Messrs. Coney of the 118th, Dean of the 19th, Thomason of the 77th, Morgan of the 23rd, Gunter of the 6th and Bennett of the 71st:
A Bill to be entitled an Act to provide for Solid Waste Management; to provide for a declaration of public policy relative to solid waste management; to provide for definitions; to provide for the powers and duties of the Director of the Division of Environmental Protection of the Department of Human Resources; and for other purposes.

HB 1873. By Messrs. Keyton and Russell of the 70th:
A Bill to be entitled an Act to amend an Act establishing a retirement system for public school teachers, so as to provide for service credit for certain services rendered by a member; and for other purposes.

HB 1874. By Messrs. Johnson and Phillips of the 29th:
A Bill to be entitled an Act to provide for the creation of a system governing certain purchases within certain counties; and for other purposes.

HB 1875. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act creating the Henry County Water Authority, so as to change the name of the Henry County Water Authority to the Henry County Water and Sewerage Authority; and for other purposes.

HB 1876. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to create a court to be known as the "State Court of Henry County"; and for other purposes.

1826

JOURNAL OF THE HOUSE,

HB 1877. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to create a five member Board of Com missioners of Henry County and a fulltime chairman; and for other purposes.

HB 1878. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to authorize the Board of Commissioners of Henry County, for regulatory and revenue purposes to levy and collect a license tax from any person, firm or corporation, except those subject to regulation by the Georgia Public Service Commission, who may maintain a place of business in any area outside the incorporated limits of municipalities; and for other purposes.

HR 783-1878. By Mr. Farrar of the 77th:
A Resolution creating the School Tax Revision Study Committee; and for other purposes.

HR 784-1878. By Mr. Farrar of the 77th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by law for a program or pro grams of loans, scholarships and grants, and the insuring of loans and payment of interest on loans to citizens of this State for educational purposes; and for other purposes.

HR 785-1878. By Mr. Potts of the 30th:
A Resolution compensating Mr. Robert A. Davenport; and for other purposes.

HB 1881. By Messrs. Moyer and Nunn of the 41st and Grahl of the 40th:
A Bill to be entitled an Act to amend the "Perry-Fort Valley Airport Authority Act", so as to provide said authority with the right and power of eminent domain; and for other purposes.

HB 1882. By Messrs. Jessup and Tripp of the 49th: A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Bleckley County, so as to provide for an additional clerk for the tax commissioner; and for other purposes.
HB 1883. By Messrs. Jessup and Tripp of the 49th: A Bill to be entitled an Act to amend an Act creating the office of

THURSDAY, FEBRUARY 24, 1972

1827

commissioner of Bleckley County, so as to change the compensation of the clerical assistant to the commissioner; and for other purposes.

HB 1884. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Cochran, so as to provide that, in order for candidates to be elected or nominated to the office of mayor or aldermen, they must re ceive a majority of the votes cast; and for other purposes.

HB 1885. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act placing the tax collector of Bleckley County upon an annual salary, so as to change the compen sation of the clerk of the tax collector; and for other purposes.

HB 1886. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Pulaski County upon an annual salary, so as to change the compensation of the clerical assistant to the clerk; and for other purposes.

HB 1887. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act placing the ordinary of Pulaski County upon an annual salary, so as to change the compensa tion of the deputy to the ordinary; and for other purposes.

HB 1888. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act fixing the salaries of cer tain officers of Bleckley County, so as to change the compensation of the clerk of the ordinary; and for other purposes.

HB 1889. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act placing the clerk of the superior court of Bleckley County upon an annual salary, so as to change the compensation of the clerical assistant to the clerk; and for other purposes.

HB 1890. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act creating the office of tax commissioner of Pulaski County, so as to change the compensation of the deputy to the tax commissioner; and for other purposes.

1828

JOURNAL OF THE HOUSE,

HB 1891. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to create the Hartford Water Authority which shall be located in Pulaski County and State of Georgia and shall hereinafter be referred to as the Hartford Water Authority; and for other purposes.

HB 1892. By Messrs. Jordan and Vaughn of the 74th: A Bill to be entitled an Act to amend an Act placing the sheriff of Rockdale County upon an annual salary, so as to change the compen sation of certain personnel employed within the sheriff's office; and for other purposes.
HB 1893. By Messrs. Potts, Knight, Ware and Mullinax of the 30th: A Bill to be entitled an Act to amend an Act incorporating the Town of Haralson, so as to change the corporate limits of said Town; and for other purposes.
HB 1894. By Messrs. Ware, Mullinax, Potts and Knight of the 30th: A Bill to be entitled an Act to abolish the justice courts, the offices of the notary public ex officio justice of the peace, the offices of constable in Troup County; to establish the Small Claims Court of Troup County; and for other purposes.
HB 1895. By Messrs. Lane of the 101st, Alexander of the 96th, Savage of the 104th, Horton of the 95th and others: A Bill to be entitled an Act to repeal the Charter of the City of Palmetto in Fulton County and Coweta County; to provide for the inclusion of the present territory of said city of Palmetto within the boundaries of the City of South Fulton upon certain contingencies; and for other purposes.
HB 1896. By Messrs. Lane of the 101st, Alexander of the 96th, Savage of the 104th, Horton of the 95th and others: A Bill to be entitled an Act to repeal the Charter of the City of Hapeville in Fulton County; to provide for the inclusion of the present terri tory of said City within the boundaries of the City of South Fulton upon certain contingencies; and for other purposes.

HB 1897. By Messrs. Lane of the 101st, Alexander of the 96th, Savage of the 104th, Horton of the 95th and others:
A Bill to be entitled an Act to repeal the Charter of the City of Fairburn in Fulton County; to provide for the inclusion of the present terri-

THURSDAY, FEBRUARY 24, 1972

1829

tory of said City of Fairburn within the boundaries of the City of South Fulton upon certain contingencies; and for other purposes.

HB 1898. By Messrs. Lane of the 101st, Alexander of the 96th, Savage of the 104th, Horton of the 95th and others:
A Bill to be entitled an Act to repeal the Charter of the City of East Point in Fulton County; to provide for the inclusion of the present territory of said City within the boundaries of the City of South Fulton upon certain contingencies; and for other purposes.
HB 1899. By Messrs. Lane of the 101st, Alexander of the 96th, Savage of the 104th, Horton of the 95th and others:
A Bill to be entitled an Act to repeal the charter of the city of Union City in Fulton County; to provide for the inclusion of the present terri tory of said City of Union City within the boundaries of the City of South Fulton upon certain contingencies; and for other purposes.

HB 1900. By Messrs. Lane of the 101st, Alexander of the 96th, Adams of the 100th, Stephens of the 103rd, Greer of the 95th, Longino of the 98th and others:
A Bill to be entitled an Act to provide a new charter for the City of College Park in Fulton and Clayton Counties; to change the name thereof to the City of South Fulton; to expand the corporate boundaries thereof to include certain unincorporated territory in Fulton County.; and for other purposes.

HR 786-1900. By Messrs. Ware, Mullinax, Potts and Knight of the 30th:
A resolution proposing an amendment to the Constitution so as to au thorize the clerk and deputy clerks of the Small Claims Court of Troup County to do and perform any and all duties which may be required by the judge of said court; and for other purposes.

HR 787-1900. By Messrs. Jessup and Tripp of the 49th:
A Resolution authorizing the conveyance of certain real property lo cated in Pulaski County, Georgia; and for other purposes.

HB 1901. By Mrs. Hamilton of the 112th, Messrs. Brown of the 110th, Horton of the 95th, Alexander of the 96th, Daugherty of the 109th, Alexander of the 108th, Greer, Felton and Hawes of the 95th:
A Bill to be entitled an Act to amend Code Section 34-1801 relating to Congressional Districts, so as to change the boundaries of the Fifth and Sixth Districts; and for other purposes.

1830

JOURNAL OF THE HOUSE,

HB 1902. By Messrs. Triplett of the 93rd, Gignilliat of the 89th, Jones of the 87th, Alien of the 92nd, Battle of the 90th and Blackshear of the 91st:
A Bill to be entitled an Act to amend an Act creating a new charter for the Town of Pooler, so as to extend the corporate limits of said Town; and for other purposes.

HB 1903. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act granting a new charter to the City of Demorest, so as to change the term of office of the mayor of said city; and for other purposes.

HB 1904. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Newnan, so as to provide for the numbering of positions on the Board of Aldermen for election purposes; and for other purposes.

HB 1905. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Grantville, so as to enlarge the power of eminent domain and condemnation; and for other purposes.

HB 1906. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Coweta County, so as to amend, change and redefine the road districts in Coweta County; and for other purposes.

HR 788-1906. By Mr. Busbee of the 61st:
A Resolution compensating George A. Hormel & Co.; and for other purposes.

HB 1907. By, Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend the Code of Georgia of 1933, so as to create and establish a new Code Title relative to motor vehicle insur ance; to provide for motor vehicle financial security; and for other purposes.

HB 1908. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to provide for no-fault automobile insur ance; to provide a short title; to provide definitions; to provide that the

THURSDAY, FEBRUARY 24, 1972

1831

owners of private passenger motor vehicles must maintain continuous security for the payment of benefits; and for other purposes.

HB 1909. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act which increases the salary of the Judge of the Juvenile Court of Glynn County, so as to change the salary of the Judge of the Juvenile Court of Glynn County; and for other purposes.

HB 1910. 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 change the compensation of the judge of said court; and for other purposes.

HB 1911. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to create and establish a new charter for the City of Poulan, so as to abolish the mayor's court and create in lieu thereof a recorder's court for the City of Poulan; and for other pur poses.

HB 1912. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend Code Chapter 56-6, relating to unauthorized insurers, so as to provide for quarterly affidavit reports to the Insurance Commissioner from surplus line brokers;' and for other purposes.
HB 1913. By Messrs. Turner, Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Chatsworth, so as to require that, in order to be elected to the office of mayor or alderman, a candidate must receive a majority of the votes cast for the particular office; and for other purposes.

HB 1914. By Messrs. Rainey of the 47th and Hays of the 1st:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising, superseding and consolidating the laws relating to the State Game and Fish Commission, so as to authorize the Commission to con tract with private landowners for the purpose of public fishing areas; and for other purposes.

HB 1915. By Messrs. Sweat and Dixon of the 65th: A Bill to be entitled an Act to amend an Act amending Code Section

1832

JOURNAL OF THE HOUSE,

21-105 and changing the compensation of coroners in certain counties, so as to change the compensation of the coroners in certain counties; and for other purposes.

HB 1916. By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend an Act providing and establishing a new charter for the City of Waycross, so as to extend the corporate limits of the City of Waycross; and for other purposes.

HR 789-1916. By Messrs. Atherton, McDaniell, Howard, Wilson and Kreeger of the 117th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Cobb County and the governing au thority of each municipality located therein to delegate to the zoning and Planning Commission the power to plan and zone property in the unincorporated areas and/or incorporated areas of Cobb County; and for other purposes.

HR 790-1916. By Mr. Toles of the 9th: A Resolution compensating Mrs. Geoffrey A. Cobb; and for other pur poses.
HB 1917. By Messrs. Chance, Nessmith and Lane of the 44th: A Bill to be entitled an Act to abolish the office of Treasurer of Effingham County; to provide that the Board of Commissioners shall appoint depositories for county funds; and for other purposes.

HB 1918. By Messrs. Chance, Nessmith and Lane of the 44th:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Effingham County and providing for their election and defining the duties of said commissioners, so as to change the provisions relative to filling vacancies; and for other purposes.

HB 1919. By Messrs. Chance, Nessmith and Lane of the 44th:
A Bill to be entitled an Act to amend an Act placing the Sheriff of Effingham County on an annual salary in lieu of the fee system of compensation, so as to change the provisions relative to the conpensation of the sheriff; and for other purposes.

HB 1920. By Messrs. Chance, Nessmith and Lane of the 44th: A Bill to be entitled an Act to amend an Act creating the State Court

THURSDAY, FEBRUARY 24, 1972

1833

of Effingham County, so as to provide an annual salary for the solicitor of said court in lieu of the fee system of compensation; and for other purposes.

HB 1921. By Messrs. Chance, Nessmith and Lane of the 44th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Effingham County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HR 791-1921. By Messrs. Chance, Nessmith and Lane of the 44th:
A Resolution proposing an amendment to the Constitution so as to em power the governing authority of Effingham County to assess and col lect license fees, occupational taxes and amusement taxes against any person, firm or corporation engaging in business outside the munici palities of Effingham County; and for other purposes.

HB 1922. By Messrs. Levitas of the 77th and Moyer of the 41st:
A Bill to be entitled an Act to amend Code Chapter 84-14, relating to the regulation of real estate brokers and salesmen, so as to provide for a special class of license which will permit licenses to engage in the busi ness of selling lots within subdivisions which are regulated by the pro visions of the Georgia Land Sales Act of 1972; and for other purposes.

HB 1923. By Messrs. Howard, Wilson, Atherton, Kreeger and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating the State Court of Cobb County, so as to change certain costs in said court; and for other purposes.

HB 1924. By Mr. Maxwell of the 17th:
A Bill to be entitled an Act to provide for the appointment of the Madi son County School Superintendent by the Board of Education of Madi son County; and for other purposes.

HR 792-1925. By Messrs. Howard and Burruss of the 117th:
A Resolution proposing an amendment to the Constitution so as to au thorize and direct the County of Cobb to own, operate and maintain a system of wholesale and retail sales outlets for the sale of intoxicating liquors, alcoholic beverages, and spirituous liquors; and for other purposes.

1834

JOURNAL OF THE HOUSE,

HE 793-1925. By Messrs. Jordan of the 74th and Farrar of the 77th:
A Resolution proposing an amendment to the Constitution so as to au thorize State taxation to pay the salaries of personnel and to pay for the utilization of school facilities for extracurricular and interscholastic activities; and for other purposes.

HB 1927. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues of Lowndes County, so as to change the compensation of members of the Board of Commissioners; and for other purposes.

HB 1928. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Echols County into the office of Tax Commissioner of Echols County; and for other purposes.

HB 1929. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to create the Echols County Water Au thority; and for other purposes.

HB 1930. By Messrs. Lee and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act pertaining to actions of false arrest and false imprisonment and providing defenses thereto under certain circumstances, so as to include police officers, sheriffs, deputy sheriffs, peace officers and other law enforcement officers within the protection of such Act; and for other purposes.

HB 1931. By Messrs. Floyd, Davis, Granade and Wood of the 75th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating laws relating to the governing authority of DeKalb County, so as to provide for certain requirements relative to the sale of real estate; and for other purposes.

HB 1932. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to create the Perkins Water Authority in Jenkins County; and for other purposes.

HR 794-1932. By Messrs. Floyd, Davis, Granade and Wood of the 75th: A Resolution proposing an amendment to the Constitution so as to pro-

THURSDAY, FEBRUARY 24, 1972

1835

vide that a certain portion of DeKalb County lying in the City of At lanta shall become a part of Fulton County; and for other purposes.

HR 795-1932. By Messrs. Floyd, Davis, Granade and Wood of the 75th:
A Resolution proposing an amendment to the Constitution so as to pro vide that a certain portion of DeKalb County lying in the corporate limits of the City of Atlanta shall become a part of Fulton County; and for other purposes.

HR 796-1932. By Messrs. Harrington and Chandler of the 34th:
A Resolution authorizing the conveyance of certain real property lo cated in Baldwin County; and for other purposes.

HR 797-1932. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Resolution compensating Mobile Home Industries, Inc., Tallahassee, Florida; and for other purposes.

HR 798-1932. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Resolution authorizing and directing the State Highway Department to designate a bridge in Baker County as the James Henderson Hall, Sr., Bridge; and for other purposes.

HB 1933. By Messrs. Adams of the 100th and Brown of the 110th, Mrs. Hamil ton of the 112th, Messrs. Hawes and Greer of the 95th, Larsen of the 113th, Alexander of the 96th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to repeal an Act authorizing the governing authorities of certain counties to contract for additional group life in surance; and for other purposes.

HB 1934. By Messrs. Adams of the 100th and Brown of the 110th, Mrs. Hamil ton of the 112th, Hawes and Greer of the 95th, Larsen of the 113th, Alexander of the 96th, Ezzard of the 102nd and others:
A Bill to be entitled an Act to repeal an Act authorizing Commissioners of Fulton County to provide group insurance; and for other purposes.

HB 1935. By Messrs. Adams of the 100th and Brown of the 110th, Mrs. Hamil ton of the 112th, Messrs. Hawes and Greer of the 95th, Savage of the 104th, Alexander of the 96th, Larsen of the 113th and others.
A Bill to be entitled an Act to amend an Act creating the Municipal Court of Atlanta (now the Civil Court of Fulton County), so as to au-

1836

JOURNAL OF THE HOUSE,

thorize the clerk of said court to dispose of original papers in dispossessory proceedings and proceedings against tenants holding over five years after the time for appeal shall have expired following a final order in any such case; and for other purposes.

HR 799-1935. By Messrs. Adams of the 100th, Lane of the 101st, Horton of the 95th, Savage of the 104th, Larsen of the 113th, Alexander of the 96th and others:
A Resolution proposing an amendment to the Constitution so as to au thorize Fulton County, with the consent of the city involved, to operate recreational programs in any city lying wholly or partially within such county and having a population of 5,000 or less; and for other purposes.

HB 1936. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax collector and tax receiver of Putnam County and creating the office of tax commissioner, so as to change the compensation of the tax commissioner for clerical help; and for other purposes.

HB 1937. By Messrs. Farrar of the 77th and Wamble of the 69th:
A Bill to be entitled an Act to amend an Act requiring the State Auditor to establish an equalized adjusted school property tax digest, so as to provide that the equalized adjusted school property tax digest be estab lished for the current calendar year; and for other purposes.

HB 1954. By Messrs. Adams of the 9th, Patterson of the 20th, Shanahan of the 8th, Reaves of the 71st, Jones of the 4th, Colwell of the 5th, Lowrey of the 9th, Northcutt of the 21st and others:
A Bill to be entitled an Act to amend an Act creating a professional practices commission and declaring teaching a profession with all the rights, responsibilities and privileges accorded other legally recognized professions, so as to give the commission the power to subpoena wit nesses; and for other purposes.
Referred to the Committee on Education.

HR 814-1974. By Messrs. Collins of the 72nd, Floyd of the 7th, Harris of the 10th, Floyd of the 75th, Odom of the 61st, Bell of the 73rd, Evans of the 81st, Pinkston of the 81st, Geisinger of the 72nd and others:
A Resolution proposing an amendment to the Constitution so as to provide for annual appropriations and prohibiting the appropriation of sums for any fiscal year which exceed the Treasury receipts, less re funds received during the immediately preceding fiscal year; and for other purposes.
Referred to Committee on Appropriations .

THURSDAY, FEBRUARY 24, 1972

1837

HB 1997. By Messrs. Leggett of the 67th, Bohannon of the 20th, Patterson of the 20th, Isenberg of the 67th, Knowles of the 22nd, Strickland of the 56th, McDaniell of the 117th and others:
A Bill to be entitled an Act to provide that each municipal corporation and county shall be required to purchase a group accident policy or in dividual policies of insurance to insure against the deaths of policemen and firemen; to provide for a minimum amount of insurance coverage; and for other purposes.
Referred to the Committee on Insurance.

SB 371. 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 Cobb Judicial Circuit of Georgia; and for other purposes.

SB 458. By Senators Holley of the 22nd and Holloway of the 12th:
A Bill to be entitled an Act to provide for the creation of Business Development Corporations to promote, develop and advance the pros perity of economic welfare of the State of Georgia; and for other pur poses.

SB 464. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act known as the "Fire Fighter's Mediation Act", so as to change the definition of the term "fire fighter"; and for other purposes.

SB 485. By Senator London of the 50th:
A Bill to be entitled an Act to provide for the establishment of the Occu pational Safety and Health Agency in the Department of Labor; and for other purposes.

SB 492. By Senators Holloway of the 12th, Carter of the 14th and Walling of the 42nd:
A Bill to be entitled an Act to amend Code Chapter 88-9, relating to air quality control, so as to provide that the hearings therein provided for shall be governed by the provisions of the Georgia Administrative Pro cedure Act, as amended; and for other purposes.

SB 493. By Senators Holloway of the 12th, Carter of the 14th and Walling of the 42nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide for civil penalties for

1838

JOURNAL OF THE HOUSE,

the violation of any provision of this Act, or any final or emergency order of the Division of Environmental Protection of the Department of Natural Resources;,and for other purposes.

SB 504. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend the Juvenile Court Code of Geor gia, so as to provide that a child may be committed to a penal institu tion or other facility if he is a delinquent or unruly child and found to be not amenable to rehabilitation and is sentenced to the custody of the Department of Corrections; and for other purposes.

SB 514. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend an Act providing a charter for the City of Thomasville, so as to provide for additional powers of the Board of Commissioners of the City; and for other purposes.

SB 550. By Senators Webb of the llth, Parker of the 31st and Overby of the 49th:
A Bill to be entitled an Act to provide for the venue of certain cases and classes of cases; and for other purposes.

SB 551. By Senators Webb of the llth, Parker of the 31st and Overby of the 49th:
A Bill to be entitled an Act to amend Code Title 24, relating to courts, so as to provide for the jurisdiction of the Supreme Court and Court of Appeals; and for other purposes.

SB 560. By Senator Coggin of the 35th:
A Bill to be entitled an Act to define abandoned motor vehicles; to authorize peace officers to remove abandoned motor vehicles from pub lic streets, roads, highways and other public property; and for other purposes.

SR 131. By Senator London of the 50th:
A Resolution authorizing the conveyance of a certain tract or parcel of land owned by the State of Georgia and located in Towns County; and for other purposes.

SR 223. By Senator Bateman of the 27th: A Resolution authorizing and directing the Secretary of State to con-

THURSDAY, FEBRUARY 24, 1972

1839

vey a portrait of Justice E. A. Nisbit to Mrs. Thomas H. Robertson; and for other purposes.

SR 263. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the* Constitution so as to pro vide that notwithstanding any contrary provision of the Constitution or any law, whenever an agency for its governing body, the chief execu tive officer shall serve at the pleasure of the board; and for other purposes.

SR 264. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to change the procedure for presenting Bills and Resolutions to the Gov ernor and overriding Bills and Resolutions vetoed by the Governor; and for other purposes.

SR 265. By Senator Kidd of the 25th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to create by law and to appropriate funds for a standing reward fund which shall be payable to persons furnish ing information leading to the conviction of persons who have killed law enforcement officers acting in the line of duty; and for other purposes.

Mr. Floyd of the 7th District, Chairman of the Committee on Appropria tions, submitted the following report:
Mr. Speaker:
Your Committee on Appropriations has had under consideration the follow ing Bill and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations.
HB 1470. Do Pass. HR 522-1174. Do Pass. HR 516-1151. Do Pass. HR 12- 18. Do Pass. HR 706-1643. Do Pass. HR 695-1616. Do Pass. HR 649-1510. Do Pass. HR 542-1219. Do Pass. HR 712-1649. Do Pass.

1840

JOURNAL OF THE HOUSE,

HR.711-1649. Do Pass. HR 79- 212. Do Pass. HR 262- 821. Do Pass, by Substitute. HR 121- 321. Do Pass. HR 63- 148. Do Pass. HR 562-1299. Do Pass. HR 616-1433. Do Pass. HR 617-1433. Do Pass, as Amended. HR 642-1498. Do Pass, as Amended. HR 500-1108. Do Pass, as Amended. HR 707-1643. Do Pass, as Amended. HR 676-1585. Do Pass, as Amended.

Respectfully submitted, Floyd of the 7th, Chairman.

Mr. Gaynor of the 88th District, Chairman of the Committee on Banks and Banking, submitted the following report:
Mr. Speaker:
Your Committee on Banks and Banking has had under consideration the fol lowing Bills of the House and Senate and has instructed me to report same back to the House with the following recommendations:
HB 1691. Do Pass. SB 206. Do Pass, by Substitute. HB 814. Do Pass, by Substitute.
Respectfully submitted, Gaynor of the 88th, 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-

THURSDAY, FEBRUARY 24, 1972

1841

tion the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1842. Do Pass, by Substitute.

Respectfully submitted, Gignilliat of the 89th, Secretary.

Mr. Farrar of the 77th District, Chairman of the Committee on Education, submitted the following report:
Mr. Speaker:
Your Committee on Education has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1158. Do pass, by Substitute. HR 783-1878. Do Pass. HR 793-1925. Do Pass. HB 1210. Do Not Pass. HB 1159. Do Not Pass.
Respectfully submitted, Northcutt of the 21st, Secretary.

Mr. McCracken of the 36th District, Chairman of the Committee on Insur ance, submitted the following report:
Mr. Speaker:
Your Committee on Insurance has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1912. Do Pass. HB 1926. Do Pass.
Respectfully submitted, McCracken of the 36th, Chairman.

1842

JOURNAL OF THE HOUSE,

Mr. Smith of the 39th District, Chairman of the Committee on Motor Ve hicles, submitted the following report:

Mr. Speaker:

Your Committee on Motor Vehicles has had under consideration the follow ing Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1651. Do Pass, by Substitute.
SB 387. Do Not Pass.
HB 1187. Do Pass, by Substitute.
HB 1696. Do Pass.
HB 1494. Do Pass, by Substitute.

Respectfully submitted, Smith of the 39th, Chairman.

Mr. Chandler of the 34th District, Chairman of the Committee on State In stitutions and Property, submitted the following report:

Mr. Speaker:

Your Committee on State Institutions and Property has had under considera tion the following Bills and Resolutions of the House and Senate and has in structed me to report the same back to the House with the following recommenda tions :
HB 1673. Do Pass.
HB 1677. Do Pass.
HB 1654. Do Pass.

SR

216. Do Pass.

SB

400. Do Pass.

SB

401. Do Pass.

SB

405. Do Pass, as Amended.

HR 717-1654. Do Pass, by Substitute.

Respectfully submitted, Chandler of the 34th, Chairman.

THURSDAY, FEBRUARY 24, 1972

1843

Mr. Levitas of the 77th District, Chairman of the Committee on State Plan ning and Community Affairs, submitted the following report:

Mr. Speaker:

Your Committee on State Planning and Community Affairs has had under consideration the following Bills and Resolutions of the House and has instructed me to report the same back to the House with the following recommendations:
HR 682-1585. Do Pass. HR 767-1805. Do Pass. HR 768-1805. Do Pass. HR 769-1815. Do Pass. HR 779-1855. Do Pass. HR 780-1855. Do Pass. HB 1639. Do Pass. HB 1245. Do Pass, by Substitute. HB 1269. Do Pass, by Substitute. HB 1115. Do Pass. HB 1218. Do Pass. HB 1219. Do Pass. HB 1221. Do Pass. HB 1584. Do Pass. HB 1586. Do Pass. HB 1643. Do Pass, by Substitute. HB 1728. Do Pass. HB 1729. Do Pass. HB 1743. Do Pass. HB 1744. Do Pass. HB 1755. Do Pass. HB 1756. Do Pass. HB 1772. Do Pass. HB 1779. Do Pass. HB 1782. Do Pass. HB 1783. Do Pass. HB 1784. Do Pass. HB 1785. Do Pass. HB 1786. Do Pass.

1844
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,
1787. Do Pass. 1788. Do Pass. 1789. Do Pass. 1791. Do Pass. 1792. Do Pass. 1793. Do Pass. 1794. Do Pass. 1795. Do Pass. 1800. Do Pass. 1802. Do Pass. 1807. Do Pass. 1808. Do Pass, 1809. Do Pass. 1810. Do Pass. 1811. Do Pass. 1812. Do Pass. 1813. Do Pass. 1814. Do Pass. 1815. Do Pass. 1818. Do Pass. 1819. Do Pass. 1821. Do Pass, 1822. Do Pass. 1823. Do Pass. 1824. Do Pass. 1826. Do Pass. 1827. Do Pass. 1828. Do Pass. 1831. Do Pass. 1835. Do Pass. 1838. Do Pass. 1840. Do Pass. 1852. Do Pass. 1853. Do Pass.

THURSDAY, FEBRUARY 24, 1972

1845

HB 1854. Do Pass. HB 1856. Do Pass. HB 1857. Do Pass. HB 1858. Do Pass. HB 1860. Do Pass. HB 1861. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman.

Mr. Lane of the 44th District, Chairman of the Committee on Temperance, submitted the following report:
Mr. Speaker:
Your Committee on Temperance has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1641. Do Not Pass.
Respectfully submitted, Lane of the 44th, Chairman.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1115. By Messrs. Adams of the 100th, Lane of the 101st, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Fulton County to establish pensions for County Em ployees, so as to provide a new section for vesting privileges; and for other purposes.

The report 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.

1846

JOURNAL OF THE HOUSE,

HB 1218. By Messrs. Adams of the 100th, Alexander of the 96th, Greer of the 97th, and others:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Fulton County to establish pensions for County employees, so as to change the method of computing the annual average 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1219. By Messrs. Adams of the 100th, Savage of the 104th, Ezzard of the 102nd, and others:
A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Fulton County to establish pensions for County employees, so as to change the investments of Fund assets; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
HB 1221. By Messrs. Adams of the 100th, Stephens of the 103rd, Shepherd of the 107th and others: A Bill to be entitled an Act to amend an Act authorizing the Board of Commissioners of Fulton County to establish pensions for County employees, 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 103, nays 0.

THURSDAY, FEBRUARY 24, 1972

1847

The Bill, having received the requisite constitutional majority, was passed.

HB 1584. By Messrs. Adams of the 100th, Townsend of the 115th, Lane of the 101st and others:
A Bill to be entitled an Act to amend Georgia Code Title 34A so as to authorize certain municipalities to conduct any election; and other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1586. By Mr. Floyd of the 7th:
A Bill to be entitled an Act to amend an Act so as to authorize the closing of Selman Way in the City of Sunimerville; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1643. By Messrs. Housley, McDaniell, Atherton and Wilson of the 117th:
A Bill to be entitled an Act to provide for the distribution of taxes collected by Cobb County pursuant to the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to provide for the distribution and allocation of the net proceeds derived from the taxes and licenses levied and

1848

JOURNAL OP THE HOUSE,
collected by Cobb County and each municipality located therein pursuant to the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors"; to provide the procedures connected therewith; to provide for the expenditure of such proceeds; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Fifty percent of all of the net proceeds derived from the taxes and licenses levied and collected by Cobb County and each municipality located therein pursuant to the provisions of the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", approved February 3, 1938 (Ga. Laws 1937-3'S, Ex. Sess., p. 103), as amended, shall be divided between the boards of education of the Cobb County School System and the Independent School System of the City of Marietta in accordance to the ratio which each system's annual daily attendance bears to the combined total of the average daily attendance of said school systems. Once each month the fiscal au thorities of Cobb Counter and each such municipality shall transmit to the Board of Education of Cobb County their respective share of such proceeds as provided above. Once each month the Board of Educa tion of Cobb Coanty shall transmit to the Independent School System of the City of Marietta their proportionate share of such sums received.
Section 2. Each such school system shall expend the funds provided for in Section 1 of this Act solely for those purposes which such sys tems have been authorized by law to engage.
Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed, "by substitute.

HB 1728. By Messrs. Housley, McDaniell, Atherton, Wilson, Howard, Kreeger, and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act so as to change the corporate limits of 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.

THURSDAY, FEBRUARY 24, 1972

1849

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1729. By Messrs. Housley, McDaniell, Atherton, Wilson, Howard, Kreeger, and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act so as to change the cor porate limits of the City of Austell; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1743. By Messrs. Brown, Bennett, Evans and Pinkston of the 81st, Coney of the 82nd and Miller of the 83rd:
A Bill to be entitled an Act to amend an Act establishing the State Court of Bibb County so as to provide for court costs in civil proceed ings; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1744. By Messrs. Brown, Bennett, Evans and Pinkston of the 81st, Coney of the 82nd and Miller of the 83rd: A Bill to be entitled an Act to authorize the City of Macon to convey to the State of Georgia a certain portion of Central City Park; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

1850

JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1755. By Messrs. Kreeger, Howard and McDaniell of the 117th and others:
A Bill to be entitled an Act to amend an Act so as to change the cor porate limits of the City of Acworth; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1756. By Messrs. Kreeger, Howard and McDaniell of the 117th and others:
A Bill to be entitled an Act to amend an Act so as to change the pro visions relating to the election of the Mayor and Councilmen of the City of Kennesaw; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1772. By Messrs. Griffin and Conger of the 68th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the Treasurer of Decatur County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

THURSDAY, FEBRUARY 24, 1972

1851

The Bill, having received the requisite constitutional majority, was passed.

HB 1779. By Messrs. Lee and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act so as to change the quali fications of the Mayor and Councilmen of the City of Riverdale; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1782. By Messrs. Hudson and Dorminy of the 48th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the deputy sheriff of Irwin 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1783. By Messrs. Hudson and Dorminy of the 48th: A Bill to be entitled an Act to amend an Act so as to change the com pensation of the members of the Board of Commissioners of Ben Hill 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

1852

JOURNAL OF THE HOUSE,

HB 1784. By Messrs. Lane of the 101st, Brantley of the 114th, Adams of the 100th and others:
A Bill to be entitled an Act to provide certain homestead exemptions for certain residents of Pulton 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1785. By Messrs. Connell and Dent of the 79th and others:
A Bill to be entitled an Act to amend an Act regulating public instruc tion in Richmond County, so as to change the provisions relative to the budget; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1786. By Messrs. Connell and Dent of the 79th and others:
A Bill to be entitled an Act to amend an Act creating an associate judge of the State Court of certain courts, so as to extend the term of said 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 24, 1972

1853

HB 1787. By Mr. Morgan of the 23rd:
A Bill to be entitled an Act to amend an Act so as to change the quali fications of the Board of Commissioners of Newton County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1788. By Messrs. Adams, Lowrey, and Toles of the 9th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the assistant district attorney of the Rome Judicial Cir cuit; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1789. By Messrs. Lowrey, Adams and Toles of the 9th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the Judge of the State of Ployd 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

1854

JOURNAL OF THE HOUSE,

HB 1791. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend the charter of the City of Tifton so as to change the provisions relative to vacancies; 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1792. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act so as to require the itemization and approval of all expenses incurred by county officials of Tift County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1793. By Mr. Ross of the 26th:
A Bill to be entitled an Act to allow the tax commissioner in certain counties to retain as compensation a part of the fee collected for the transfer of a motor vehicle license and tag; and for other purposes.

The report 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.

THURSDAY, FEBRUARY 24, 1972

1855

HB 1794. By Messrs. Bostick and Patten of the 63rd:
A Bill to be entitled an Act to amend an Act so as to change the pro visions relative to the election of the Mayor of the City of Tifton; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1795. By Mr. McDonald of the 15th:
A Bill to be entitled an Act to create the Nicholson Water Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1800. By Mr. Maxwell of the 17th: A Bill to be entitled an Act to amend an Act so as to change the com pensation of the mayor and certain other officials of the City of Colbert; and for other purposes.
The report 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.

1856

JOURNAL OP THE HOUSE,

HB 1802. By Mr. Russell of the 14th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the Board of Commissioners of Oconee 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed..

HB 1807. By Messrs. Lane, Chance and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the members of the Board of County Commissioners 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1808. By Messrs. Lane, Chance and Nessmith of the 44th:
A Bill to be entitled an Act to change the mode of compensating the coroner of Screven 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.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 24, 1972

1857

HB 1809. 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 clerk of the superior court of Bulloch 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1810. By Messrs. Lane, Chance and Nessmith of the 44th:
A Bill to be entitled an Act to amend an Act so as to change the method of electing members of the Board of County Commissioners 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1811. 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 Bulloch

County; and for other purposes.

r

The report 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.

1858

JOURNAL OF THE HOUSE,

HB 1812. 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 sheriff and his deputies of Bulloch 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1813. 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 members of the Board of Commissioners of Bulloch County; and for oth^r purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1814. 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 Ordinary of Bulloch 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

THURSDAY, FEBRUARY 24, 1972

1859

HB 1815. 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 assistants of the Tax Commissioner of Bulloch 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 103, nays 0. The Bill, having received the requisite constitutional majority, was passed.

HB 1818. By Mr. Coney of the 118th: A Bill to be entitled an Act to create a new charter for the City of Douglasville; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1819. By Mr. Coney of the 118th:
A Bill to be entitled an Act to provide for the election of the members of the Board of Education of Douglas 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

1860

JOURNAL OF THE HOUSE,

HB 1821. By Messrs. Ware and Mullinax of the 30th and others:
A Bill to be entitled an Act to create the office of Assistant District At torney of the Coweta 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1822. By Messrs. Ware, Mullinax, Potts and Knight of the 30th:
A Bill to be entitled an Act to amend an Act so as to redefine the commissioner districts of Heard 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1823. By Messrs. Ware, Mullinax, Knight and Potts of the 30th:
A Bill to be entitled an Act to amend an Act so as to provide for the conveyance of certain property in the City of West Point; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1824. By Messrs. Bennett and Evans of the 81st and others:
A Bill to be entitled an Act to amend an Act so as to change the cor porate limits of the City of Macon; and for other purposes.

THURSDAY, FEBRUARY 24, 1972

1861

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1826. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to amend an Act so as to provide for a five-member board of commissioners of Forsyth 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1827. By Messrs. Williams, Wood and Whitmire of the llth:
A Bill to be entitled an Act to change the mode of compensating the Tax Commissioner of Forsyth 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.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1828. By Messrs. Whitmire, Wood and Williams of the llth:
A Bill to be entitled an Act to amend an Act so as to create the office of deputy clerk of the superior court of Dawson County; and for other purposes.

1862

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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1831. By Messrs. Williams, Wood and Whitniire of the llth:
A Bill to be entitled an Act to amend an Act so as to change the pro visions relating to the appointment of deputies by the sheriff of Porsyth 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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1835. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to change the mode of compensating the Tax Commissioner of Rabun 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.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1838. By Messrs. Triplett of the 93rd, Jones of the 87th and others:
A Bill to be entitled an Act to amend an Act so as to provide the govern ing authority of Chatham County shall consist of a chairman and eight commissioners of Chatham County; and for other purposes.

THURSDAY, FEBRUARY 24, 1972

1863

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1840. By Mr. Strickland of the 56th: A Bill to be entitled an Act to amend an Act so as to provide that the mayor and commissioners of the City of Hazlehurst shall be ineligible to serve as city manager during their respective terms of 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 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1852. By Mr. Collins of the 62nd: A Bill to be entitled an Act to create a new charter for the City of Camilla; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1853. By Messrs. Greer of the 85th, Savage of the 104th and others:
A Bill to be entitled an Act to amend an Act so as to change the cor porate limits of the City of Pairburn; and for other purposes.

1864

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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1854. By Messrs. Longino of the 98th, Greer of the 95th and others:
A Bill to be entitled an Act to amend an Act so as to change the cor porate limits of the City of Fairburn; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1856. By Messrs. Gunter and Moore of the 6th:
A Bill to be entitled an Act to amend an Act so as to provide for the col lection of license fees by the Town of Tallulah Falls; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1857. 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 Lumpkin County; and for other purposes.

THURSDAY, FEBRUARY 24, 1972

1865

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1858. 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 Commissioner of Lumpkin County; and for other pur poses.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 103, nays 0.
The Bill, having received the requisite constitutional majority, was passed.

HB 1860. By Messrs. Matthews and Logan of the 16th: A Bill to be entitled an Act to place the Clerk of the Superior Court of Clarke County and Clerk of the State Court of Clarke County, and the Ordinary of Clarke County on a salary system of compensa tion; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1861. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of certain county officers of Putnam County; and for other purposes.

1866

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 103, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

By unanimous consent, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HR 682-1585. By Messrs. Davis, Wood and Granade of the 75th, Russell and Farrar of the 77th and Bell of the 73rd:
A RESOLUTION
Proposing an amendment to Article VII of the Constitution, so as to authorize DeKalb County to issue bonds for lawful public purposes other than school purposes without a referendum election under certain condi tions; 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 is hereby amended by adding at the end thereof the following:
"Notwithstanding any other provision of this Article, DeKalb County may issue general obligation bonds for any lawful public purpose other than for school purposes, without submitting the is suance thereof to the voters of said County at a referendum, sub ject to the following restrictions and limitations:
The issuance of any such bonds shall be authorized at a public meeting of the Board of County Commissioners held for such pur pose after at least ten (10) days' notice thereof in the official organ of said County. Within thirty (30) days after said public hearing, any person opposed to the issuance of said bonds without a referendum may prepare a petition for a referendum, to be filed with the Clerk of the Board of Commissioners of said County. If such petition shall contain the signatures of not less than five per cent (5%) of the registered voters of said County, and such fact shall be determined by the clerk, the Board of Commissioners shall call an election to be held in said County, at which time the ques tion of the issuance of the bonds shall be submitted to the vote of the qualified voters of the County, at an election to be held not earlier than thirty (30) days nor later than forty-five (45) days from the date of said call; provided, however, that the Board of

THURSDAY, FEBRUARY 24, 1972

1867

Commissioners, upon the filing of said petition for referendum, may withdraw the proposal from further consideration and decline to issue the bonds, either with or without a referendum.

Should the Board make such an election to withdraw, no new public meeting to reconsider the same proposal may be had within a period of 180 days following the date on which the aforesaid peti tion for referendum was filed.

Not more than four million dollars ($4,000,000) in aggregate principal amount of such bonds so issued without a referendum shall be issued in any calendar year.

The aggregate of all outstanding bonds, including those issued by vote of the people in a referendum and those issued under this amendment without a referendum, shall not exceed the limitations provided elsewhere in this Article."

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 DeKalb County be authorized to issue general obligation bonds for any public purpose, except school
NO ( ) bonds, aggregating not more than $4,000,000.00 prin cipal in any calendar year without a referendum?"

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.

Atherton Battle

1868
Bell Bennett, J. T. Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dorminy Drury Edwards Egan Evans Ezzard Parrar Pelton Floyd, J. H. Floyd, L. R. Fraser

JOURNAL OF THE HOUSE,

Gary Gignilliat Grahl Grantham Greer Griffin Groover Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan King Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Longino Lowrey Marcus Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford

Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Patterson Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Shanahan Sherman Sims Smith, H. R. Smith, J. R, Smith, V. T. Sorrells Strickland Sweat Thomason Thompson Toles Triplett T'ripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Alien Barfield

Bennett, Tom Blackshear Carter

Collins, M. Collins, S. Dean, Gib

Dean, N. Dixon Gaynor Geisinger Granade Gunter Hill, B. L. Hill, G. Hood Johnson Jones, Herb Keyton

THURSDAY, FEBRUARY 24, 1972

1869

Knight Lambert Lee, W. S. Mason Matthews, C. Matthews, D. R. McDonald Moore Murphy Odom Oxford Patten

Peters Potts Reaves Russell, H. P. Salem Savage Scarborough Sheepherd Snow Shepherd Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 150, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 767-1805. By Messrs. Bohannon and Patterson of the 20th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the homestead of each resident of the City of Carrollton who is 62 years of age or over and who has an income from all sources, including the income from all sources of certain members of the family, not exceed ing $6,000.00 per annum, shall be granted an exemption from all ad valorem taxation for education purposes levied by said city; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitu tion is hereby amended by adding at the end thereof the following:
"The homestead of each resident of the City of Carrollton who is 62 years of age or over and who does not have an income from all sources, including the income from all sources of all members of the family residing within said homestead, exceeding $6,000.00 per annum, shall be exempt from all ad valorem taxation for edu cational purposes levied for and in behalf of the independent school system of the City of Carrollton. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the governing authority of the City of Carrollton, or with a person designated by the governing authority of the City of Carrollton, giving his age, the amount of income which he received for the im mediately preceding calendar year, the income which the members of his family residing within the homestead received for such period,

1870

JOURNAL OF THE HOUSE,

and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the governing authority of the City of Carrollton, or the person designated by the governing authority of the City of Carrollton, to make a determination as to whether such owner is entitled to said exemption. The governing authority of the City of Carrollton, or the person designated by the said governing authority, shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possess the qualifica tions provided for in this paragraph. In such instances, such exemp tions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those home steads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution Georgia of 1945, as amended.

The ballot submitting the the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide that the homestead of each resident of the City of Carrollton who is 62 years of age or over and who has an income from all sources, including the
NO ( ) income of certain members of the family not exceeding $6,000.00 per annum, shall be granted an exemption from all ad valorem taxation for educational purposes levied by said city?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 24, 1972

1871

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Atherton Battle Bell Bennett, J. T. Berry Black 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 Chance Chandler Chappell Cheeks Clement Cole Collier Colwell
Coney, G. D.
Coney, J. L.
Conger
Connell
Cook
Dailey
Daugherty
Davis, E. T.
Davis, W.
Dean, J. E.
Dent
Dorminy
Drury
Edwards
Egan
Evans
Ezzard
Farrar

Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gignilliat Grahl Grantham Greer Griffin Groover Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessupi Jones, J. R. Jordan King Knowles Kreeger
Lane, Dick
Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Leggett
Levitas
Lewis
Logan
Longino
Lowrey
Marcus
Mauldin
Maxwell
McCracken
McDaniell
Melton
Merritt

Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Patterson Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells
Strickland
Sweat
Thomason
Thompson
Toles
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

1872

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Alien Barfield Bennett, Tom Blackshear Carter Collins, M. Collins, S. Dean, Gib Dean, N. Dixon Gaynor Geisinger Granade Gunter

Hill, B. L. Hill, G. Hood Johnson Jones, Herb Keyton Knight Lambert Lee, W. S. Mason Matthews, C. Matthews, D. R. McDonald Moore Murphy

Odom Oxford Patten Peters Potts Reaves Russell, H. P. Salem Savage Scarborough Shepherd Snow Stephens Tbwnsend Mr. Speaker

On the adoption of the Resolution, the ayes were 150, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 768-1805. By Messrs. Bohannon and Patterson of the 20th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the homestead of each resident of Carroll County who is 62 years of age or over and who has an income from all sources, including the in come of certain members of the family, not exceeding $6,000.00 per annum, shall be granted an exemption from all ad valorem taxation for educational purposes levied by said 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 Constitution is hereby amended by adding at the end thereof the following:
"The homestead of each resident of Carroll County 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 residing within said homestead, exceeding $6,000.00 per annum, shall be ex empt from all ad valorem taxation for educational purposes levied for and in behalf of the Carroll County School System, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is

THURSDAY, FEBRUARY 24, 1972

1873

filed with the Tax Commissioner of Carroll County giving his age, the amount of income which he received for the immediately preced ing calendar year, the income which the members of his family residing within the homestead received for such period, and such other additional information relative to receiving the benefits of the exemption granted by this paragraph as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possess the quali fications provided for in this paragraph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the qualifications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide that the homestead, of each resident of Carroll County who is 62 years of age or over and who has an income from all sources, including the income of certain
NO ( ) members of the family not exceeding $6,000.00 per annum, shall be granted an exemption from all ad valorem taxation for educational purposes levied by said county?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

1874

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Atherton
Battle Bell Bennett, J. T. Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dorminy Drury Edwards Egan Evans Ezzard Farrar

Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gignilliat Grahl Grantham Greer Griffin Groover Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan King Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Longino Lowrey Marcus Mauldin Maxwell McCracken McDaniell Melton Merritt

Miles Milford
Miller Morgan Moyer Mulherin Mullinax Nessmith
Noble Northcutt Nunn
Patterson Pearce
Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinks ton
Poole Rainey Roach Ross
Rush Russell, A. B. Russell, W. B. Shanahan Sherman Sims Smith, H, R.
Smith, J. R. Smith, V. T. Sorrells Strickland
Sweat Thomason
Thompson Toles Triplett Tripp Turner Vaughn Wamble
Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson
Wood, J. T. Wood, R. E.

THURSDAY, FEBRUARY 24, 1972

1875

Those not voting were Messrs.:

Alexander, W. M. Alien Barfield Bennett, Tom Blackshear Carter Collins, M. Collins, S. Dean, Gib Dean, N. Dixon Gaynor Geisinger Granade Gunter

Hill, B. L. Hill, G. Hood Johnson Jones, Herb Keyton Knight Lambert Lee, W. S. Mason Matthews, C. Matthews, D. R. McDonald
Moore Murphy

Odom Oxford Patten Peters Potts Reaves Russell, H. P. Salem Savage Scarborough Shepherd Snow Stephens Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 150, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 769-1815. By Messrs. Lane, Chance and Nessmith of the 44th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Screven County to develop a system of solid waste collection and disposal and expend county funds therefor; to pro vide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph II of the Constitu tion is hereby amended by adding a new paragraph at the end thereof, to read as follows:
"The governing authority of Screven County is hereby au thorized and empowered to develop a system of solid .waste collection and disposal in and for Screven County and to expend county funds therefor."
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.

1876

JOURNAL OF THE HOUSE,
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"YES ( ) Shall the Constitution be amended so as to authorize the governing authority of Screven County to develop
NO ( ) a system of solid waste collection and disposal and expend county funds therefor?"
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 Eesolution, 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. Atherton Battle Bell Bennett, J. T. Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler

Chappell Cheeks Clements Cole Collier Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H.

Floyd, L. R. Fraser Gary Gignilliat Grahl Grantham Greer Griffin Groover Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R.

THURSDAY, FEBRUARY 24, 1972

1877

Jordan King Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Longino Lowrey Marcus Mauldin
Maxwell
McCracken
McDaniell
Melton
Merritt
Miles
Milford

Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Patterson Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole
Rainey
Roach
Ross
Rush
Russell, A. B.
Russell, W. B.
Shanahan

Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Strickland Sweat Thomason Thompson Toles Triplet* Tripp Turner Vaughn Wamble Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
William
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Alien Barfield Bennett, Tom Blackshear Carter Collins, M. Collins, S. Dean, Gib Dean, N. Dixon Gaynor Geisinger Granade Gunter

Hill, B. L. Hill, G. Hood Johnson Jones, Herb Keyton Knight Lambert Lee, W. S. Mason Matthews, C. Matthews, D. R. McDonald Moore Murphy

Odom Oxford Patten Peters Potts Reaves Russell, H. P. Salem Savage Scarborough Shepherd Snow Stephens Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 150, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

1878

JOURNAL OF THE HOUSE,

HR 779-1855. By Messrs. Alexander of the 96th, Lane of the 101st, Mrs. Hamil ton of the 112th, and others:

A RESOLUTION

Proposing an amendment to the Constitution to remove the millage limitation for the support and maintenance of education in the Fulton County School District; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VIII, Section XII, Paragraph II of the Constitu tion is hereby amended by adding at the end thereof a new paragraph to read as follows:

"Notwithstanding any other provisions of this Constitution to the contrary, the Fulton County Board of Education shall be au thorized to annually levy a school tax for the support and mainte nance of education, without limitation, upon the assessed value of all taxable property within the county located outside any indepen dent school system or area school district therein."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section 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 remove the millage limitation for the support and maintenance
NO ( ) of education in the Fulton County School District?"

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:

THURSDAY, FEBRUARY 24, 1972

1879

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Atherton Battle Bell Bennett, J. T. Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Colwell Coney, G. D.
Coney, J. L.
Conger
Connell
Cook
Dailey
Daugherty
Davis, E. T.
Davis, W.
Dean, J. E.
Dent
Dorminy
Drury
Edwards
Egan
Evans
Ezzard
Farrar

Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gignilliat Grahl Grantham Greer Griffin Groover Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan King Knowles Kreeger Lane, Dick
Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Leggett
Levitas
Lewis
Logan
Longino
Lowrey
Marcus
Mauldin
Maxwell
McCracken
McDaniell
Melton
Merritt

Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Patterson Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Strickland
Sweat
Thomason
Thompson
Toles
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

1880

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Alien Barfield Bennett, Tom Blackshear Carter
Collins, M. Collins, S. Dean, Gib Dean, N. Dixon Gaynor Geisinger Granade Gunter

Hill, B. L. Hill, G. Hood Johnson Jones, Herb Keyton
Knight Lambert Lee, W. S. Mason Matthews, C. Matthews, D. R. McDonald Moore Murphy

Odom Oxford Patten Peters Potts Reaves
Russell, H. P. Salem Savage Scarborough Shepherd Snow Stephens Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 150, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 780-1855. By Messrs. Alexander of the 96th, Hill of the 97th, Egan of the 116th and others:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the Board of Education of the City of Atlanta, acting for and on behalf of said City, to execute leases for land, buildings or facilities used for school or educational purposes, or both, for a term of up to twenty (20) years, without a referendum or election and without compliance with other provisions of this Constitution or any provision of any law of the State; to authorize said Board of Education, acting for and on behalf of said City, to condemn property and to sell the same to private per sons or entities in connection with any such lease; 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 VI, Paragraph I of the Constitution of the State of Georgia, is hereby amended by adding at the end there of the following:
"Notwithstanding any other provisions of this Constitution or any provision of any law of the State of Georgia, the Board of Education of the City of Atlanta, acting for and on behalf of the

THURSDAY, FEBRUARY 24, 1972

1881

City of Atlanta, is hereby authorized to enter into leases for a term of up to twenty (20) years covering land, buildings or fa cilities, any one or more, to be used for school or educational pur poses, or both. Any such lease may be entered into by action of said
Board of Education without the necessity of securing the approval of the voters of the City of Atlanta in a referendum or election. At or before the execution of any such lease, said Board of Educa tion shall estimate the aggregate dollar amount of interest which would accrue over the full term of such lease had general obligation bonds of said City maturing on the basis of level annual debt serv ice (principal and interest) up to the stated expiration of such lease been issued at the time of execution of such lease to pay the full cost of acquisition or construction of the land, buildings or fa cilities, any one or more, which are the subject of such lease. Such estimated aggregate dollar amount of interest shall be divided by the total number of months in the term of such lease in order to determine the estimated dollar amount of interest which shall be deemed to accrue in each month during the term of such lease. In determining whether the City of Atlanta is, from time to time, in compliance with any debt limitation now in existence or hereafter imposed upon said City by law, the obligations incurred in connec tion with any such lease shall be considered a debt of said City incurred for school purposes in an amount equal to the aggregate of all lease rental payments required to be made pursuant to such lease during the remainder of the term of such lease, after sub tracting therefrom the estimated dollar amount of interest which would accrue over the remainder of said term (as estimated by said Board of Education as aforesaid) and which said City would be required to pay had such general obligation bonds been issued to pay the full cost of acquiring or constructing the land, buildings or facilities, any one or more, which are the subject of such lease. The estimates to be made by said Board of Education as to the principal amount of general obligation bonds which would have to be issued by the City of Atlanta in order to acquire or construct the land, buildings or facilities, any one or more, and the dollar amount of interest which would be deemed to accrue on said bonds from month to month over the term of such lease shall be final and conclusive for any and all purposes. However, the effective interest rate per annum to be applied to such estimated principal amount of general obligation bonds in arriving at such estimated aggregate dollar amount of interest shall not in any event be less than the effective interest rate per annum at which the most recent issue of general obligation bonds shall have been sold to an original purchaser or purchasers by said City. The obligations incurred by said City in connection with any such lease shall be payable from funds allo cated or appropriated for school or educational purposes, or both, and in the event any land, building or facility, any one or more, so leased is thereafter acquired by said City through the exercise of any option contained in any such lease and is later disposed of, the pro ceeds received shall be allocated or appropriated to said Board of Education. To facilitate the conducting of such a leasing program, said Board of Education, acting for and on behalf of said City, is hereby authorized to condemn property through exercise of the
power of eminent domain and to sell the same to one or more
private persons or entities, provided that the sales price is at least
equal to the cost of acquiring such property; the property con-

1882

JOURNAL OF THE HOUSE,

demned is to be leased to said City for school or educational pur poses, or both; and in such lease said City is granted an option to reacquire such property upon the expiration of such lease at a nominal consideration.

Any such land, buildings or facilities, while leased to the Board of Education of the City of Atlanta, shall be exempt from all ad valorem taxation, except such taxes as are levied by the State of Georgia."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to authorize the Board of Education of the City of Atlanta, acting
( ) NO for and on behalf of said City, to execute leases for land, buildings or facilities for school or educational purposes without a referendum or election and with out compliance with other provisions of this Constitu tion or any provision of any law of the State; to au thorize said Board of Education, acting for and on behalf of said City, to condemn property and sell the same to private persons or entities in connection with any such lease?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against
ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H.

Atherton Battle Bell Bennett, J. T.

Berry Black Bohannon Bond

THURSDAY, FEBRUARY 24, 1972

1883

Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chance Chandler Chappell Cheeks Clements Cole Collier Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dorminy Drury Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gignilliat Grahl Orantham

Greer Griffin Groover Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, J. R. Jordan King Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Longino Lowrey Marcus Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Morgan

Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Patterson Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Rainey Roach Ross Rush Russell, A. B. Russell, W. B. Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Strickland Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Alien Barfield Bennett, Tom Blackshear

Carter Collins, M. Collins, S. Dean, Gib Dean, N.

Dixon Gaynor Geisinger Granade Gunter

1884
Hill, B. L. Hill, G. Hood Johnson Jones, Herb Keyton Knight Lambert Lee, W. S. Mason

JOURNAL OF THE HOUSE,

Matthews, C. Matthews, D. R. McDonald Moore Murphy Odom Oxford Patten Peters Potts

Reaves Russell, H. P. Salem Savage Scarborough Shepherd Snow Stephens Townsend Mr. Speaker

On the adoption of the Resolution, the ayes were 150, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

The following message was received from the Senate through Mr. McWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following Bills of the House and Senate, to-wit:

HB 413. By Messrs. Nunn and Moyer of the 41st:
A Bill to amend an Act changing the method and manner of electing the members to the board of Education of Houston County, so as to provide a procedure whereby the compensation of the members of the board may be changed; and for other purposes.

HB 1367. 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 pur poses.

HB 1522. By Messrs. Gunter and Moore of the 6th:
A Bill to amend an Act incorporating the City of Clayton, so as to change the method of electing the Mayor and Councilmen of the City of Clayton; and for other purposes.

THURSDAY, FEBRUARY 24, 1972

1885

HB 1526. By Mr. Grantham of the 55th:
A Bill to create and establish a Small Claims Court in and for Coffee County; and for other purposes.

HB 1527. By Mr. Grantham of the 55th:
A Bill to amend an Act creating the Douglas-Coffee County Industrial Authority, so as to give the said industrial authority the power of eminent domain; and for other purposes.

HB 1528. By Mr. Dailey of the 53rd:
A Bill to amend an Act placing the ordinary of Randolph County on a salary basis in lieu of a fee basis of compensation, so as to change the provisions relative to the allowance for clerical help; and for other purposes.

JIB 1529. By Mr. Dailey of the 53rd:
A Bill to amend an Act abolishing the fee system of compensating the clerk of the superior court of Randolph County, so as to change the provisions relative to the compensation of the deputy clerk or clerical assistants; and for other purposes.

HB 1539. By Mr. Lewis of the 37th:
A Bill to amend an Act creating the State Court of Burke County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

HB 1547. By Mr. Coney of the 118th:
A Bill to amend an Act placing the clerk of the superior court, sheriff, ordinary, and tax commissioner of Douglas County on an annual salary in lieu of the fee basis of compensation, so as to change the provisions relating to the compensation of said officers; and for other purposes.

HB 1548. By Messrs. Hays, Clements and Snow of the 1st:
A Bill to amend an Act providing for the election of the members of the Board of Education by the voters of Walker County residing outside the corporate limits of the City of Chickamauga; and for other purposes.

HB 1563. By Messrs. Bohannon and Patterson of the 20th:
A Bill to amend an Act known as the "Carroll County Water Authority Act", so as to change the provisions relating to interest rate of bonds

1886

JOURNAL OF THE HOUSE,

and to increase the amount of negotiable revenue bonds said Authority may have outstanding at any one time; and for other purposes.

HB 1565. By Messrs. Salem and Rush of the 51st:
A Bill to amend an Act creating the State Court of Toombs County, so as to change the provisions relative to the compensation of the judge and the solicitor of said court; and for other purposes.

HB 1566. By Messrs. Rush and Salem of the 51st: A Bill to amend an Act supplementing the compensation of the Ordi nary; and for other purposes.
HB 1567. By Messrs. Rush and Salem of the 51st: A Bill to amend an Act establishing the commissioners of Long County, so as to change the provisions of the clerk of the commissioners; and! for other purposes.

SB 481. By Senators Lester of the 23rd and Reynolds of the 48th:
A Bill to amend an Act known as the "Uniform Act Regulating Traffic on Highways", as amended, so as to provide for annual inspection of devices controlling or abating atmospheric emissions installed on motor vehicles by the manufacturer; and for other purposes.

SB 409. By Senator Bateman of the 27th:
A Bill to amend an Act establishing the teachers' Retirement System, as amended, so as to change the provisions relative to reestablishing membership service after withdrawal of contributions; and for other purposes.

SB 429. By Senators Ward of the 39th and Johnson of the 38th:
A Bill to amend an Act providing that certain cities shall furnish pen sions to officers and employees of such cities so as to repeal said Section 3 of Ga. L. 1965, pp. 3256, 3257 and substituting in lieu thereof another provision of Section 3; and for other purposes.

SB 578. By Senators Johnson of the 38th, Stephens of the 36th, Smith of the 34th and others:
A Bill to amend an Act establishing a new charter for the City of Atlanta, approved February 28, 1874, and the several Acts amendatory thereof; and for other purposes.

THURSDAY, FEBRUARY 24, 1972

1887

SB 440. By Senator Doss of the 52nd:
A Bill to provide for an additional judge of the superior court of the Rome Judicial Circuit; and for other purposes.

SB 563. By Senator Smalley of the 28th:
A Bill to repeal Code Section 49-228, relating to binding out indigent orphans, Code Section 66-203, authorizing the ordinary or judge of the county court to hind out minors in certain cases, Code Section 74-109, relating to cruel treatment by parents, and Code Section 74-110, relating to protection of children being reared under immoral conditions; and for other purposes.

SB 566. By Senator Smalley of the 28th:
A Bill to amend an Act revising, classifying, consolidating and super seding the present Juvenile Court Laws and establishing a new codifica tion of laws relating thereto, to be known and cited as the Juvenile Court Code, so as to provide that the Juvenile Court Code shall be the official Title of the Code of Georgia of 1933; and for other purposes.

SB 471. By Senator Starr of the 44th:
A Bill to establish and create a program to provide scholarships to the children of law enforcement officers, firemen and prison guards who are permanently disabled or killed in the line of duty; and for other purposes.

SB 523. By Senator Stephens of the 36th:
A Bill to amend Code Section 26-2303, relating to the prohibition against receipt of funds or other things of value to be used in the enforcement of the penal laws, so as to provide that nothing contained in said section shall be construed to prohibit any law enforcement officer from being employed during his off-duty hours; and for other purposes.
SB 524. By Senator Kidd of the 25th:
A Bill to amend an Act creating a State Department of Veterans Service and providing for a Board of Veterans Service and a Director, as amended, so as to exempt veterans nursing care facilities and the per sonnel from the provisions of an Act creating the State Board of Nurs ing Homes under certain conditions; and for other purposes.

SB 562. By Senator Smalley of the 28th:
A Bill to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide for expenses of the judge of the juvenile court; to provide

1888

JOURNAL OF THE HOUSE,

for renumbering certain sections and subsections of the Code; and for other purposes.

The Senate has adopted by requisite constitutional majority the following Resolutions of the Senate, to-wit:
SR 273. By Senators Zipperer of the 3rd, Searcey of the 2nd, and Riley of the 1st: A Resolution authorizing the State Properties Control Commission to convey to the Development Authority of Chatham County, easements for the construction, laying, operating, maintaining, pipelines and electrical cables over, under and through certain State-owned property situated in the Savannah River, and for other purposes.
SR 297. By Senator Webb of the llth: A Resolution proposing an amendment to the Constitution so as to allow the General Assembly to ensure a fair trial for all litigants by providing that grand and traverse jurors for the superior courts may be selected from the judicial circuit or other appropriate geographic region within which the superior court is located; and for other purposes.
The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:
HR 157-462. By Mr. Davis of the 75th: A Resolution compensating Mrs. Mary E. Doty; and for other purposes.
HR 261-821. By Mr. Matthews of the 16th: A Resolution compensating Mr. Bishop Goddard; and for other purposes.
HR 551-1264. By Mr. Strickland of the 56th: A Resolution compensating Mr. Curtis Lee Hamilton; and for otherpurposes.
HR 556-1278. By Mr. Dailey of the 53rd: A Resolution compensating the Propane Gas Company, Inc., of Cuthbert, Georgia; and for other purposes.
HR 559-1289. By Mr. Fraser of the 59th: A Resolution compensating Mr. John O. Home; and for other purposes.

THURSDAY, FEBRUARY 24, 1972

1889

HR 600-1403. By Mr. Carter of the 64th:
A Resolution compensating Mr. Earl Bruce Shepard; and -for other purposes.

HR 601-1404. By Mr. Ham of the 33rd: A Resolution compensating Mr. Harry D. Edge; and for other purposes.

HR 607-1421. By Mr. Stephens of the 103rd: A Resolution compensating Mr. Irwin Arnold; and for other purposes.

HR 623-1459. By Messrs. Clements, Snow, and Hays of the 1st: A Resolution compensating Mr. Alvin J. Burns; and for other purposes.

HR 624-1459. By Messrs. Clements, Hays and Snow of the 1st: A Resolution compensating Mrs. Virginia Gray; and for other purposes.

HR 631-1476. By Mr. Davis of the 76th:
A Resolution compensating Mr. and Mrs. Lewis J. Buraett; and for other purposes.

HR 625-1462. By Messrs. Wilson and Atherton of the 117th:
A Resolution proposing an amendment to the Constitution so as to create the City of Marietta Parking Authority; to provide for the powers, authority and duties of such Authority; and for other purposes.

HR 587-1387. By Mr. Grahl of the 40th:
A Resolution proposing an amendment to the Constitution so as to authorize the Board of Education of Peach County to make grants for purpose of educating for training certain handicapped citizens of Peach County; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 367. By Senators London of the 50th and Overby of the 49th: A Bill to amend Code Chapter 27-7, relating to indictments, present-

JOURNAL OF THE HOUSE,
ments, and waiver of the same, as amended, so as to provide that any person who is arrested for a crime punishable by death and who is refused bail shall be entitled to a hearing by a grand jury having jurisdiction over defendant; and for other purposes.
SB 406. By Senator Overby of the 49th: A Bill to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the estab lishment of a Joint Municipal Retirement System, as amended, so as as provide for coverage for the employees of the multi-county planning and development commissions; and for other purposes.
SB 419. By Senator Stephens of the 36th: A Bill to amend an Act creating the Sheriffs' Retirement Fund of Georgia and providing for a retirement system for sheriffs, as amended, so as to reduce the retirement age and provide for increased retirement benefits; and for other purposes.
SB 487. By Senators Holloway of the 12th, Carter of the 14th, and Walling of the 42nd: A Bill to amend the Coastal Marshlands Protection Act of 1970, so as to provide for the Department of Natural Resources to issue orders, con duct hearings and institute and prosecute court actions as may be necessary to enforce compliance of the provisions of this Act; and for other purposes.
SB 494. By Senators Holloway of the 12th, Carter of the 14th and Walling of the 42nd: A Bill to amend an Act known as the "Georgia Water Quality Control Act", as amended, so as to provide that any order issued by the Division of Environmental Protection of the Department of Natural Resources under this Act shall become final unless a hearing is requested no later than 30 days after such order is served; and for other purposes.
SB 538. By Senators Holloway of the 12th, Carter of the 14th, and Starr of the 44th: A Bill to provide for the establishment of Cooperative Educational Service Agencies; to provide for a short title; to provide for definitions; and for other purposes.
SB 558. By Senators Johnson of the 38th, Kidd of the 25th, Ward of the 39th and others: A Bill to amend Code Chapter 84-7, relating to dentists and dental

THURSDAY, FEBRUARY 24, 1972

189.1

hygienists, as amended, so as to increase the number of members : of the Board of Dental Examiners; and for other purposes. - .

SB 431. By Senator Hamilton of the 26th:

A Bill to amend an Act providing for premarital examinations for

syphilis, as amended, so as to provide for premarital examinations for

Sickle Cell Anemia for persons of the black race; and for other

purposes.

'': L

SB 495. By Senators Holloway of the 12th, Carter of the 14th, and Walling of

the 42nd:

. f. - i . .- '.;K

A Bill to provide for Solid Waste Management; to provide a short

title; to provide for a declaration of public policy relative to solid

waste management; and for other purposes.

.,.;

SB 567. By Senator Smalley of the 28th:

._

A Bill to amend Section 24A-4001 of the Juvenile Court Code-of Ga.y relating to specific repeals of Acts, so as to repeal certain specific Acts; 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 1390. By Mr. Wamble of the 69th:

A Bill to amend an Act creating a Small Claims Court in certain coun

ties, so as to change certain population and United States Census figures

and brackets; and for other purposes.

.::'

The Senate has agreed to the House substitute to the following Bill of the Senate, to-wit:
SB 510. By Senator Doss of the 52nd:
A Bill to repeal an Act placing the clerk of the Superior Court, 'Ordinary and Sheriff of Floyd County on an annual salary in lieu of the fee system of compensation, as amended, so as to provide new and separate salary provisions for the clerk and ordinary of said county; to repeal conflicting laws; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional-majority

the following Bill of the House, to-wit:



1892

JOURNAL OF THE HOUSE,

HB 1230. By Messrs. Pelton of the 95th, Collins of the 62nd, Phillips of the 50th and others:
A Bill to create the Georgia Agrirama Development Authority and empower said Authority with all rights, powers authority and privileges to maintain said authority; and for other purposes.

The Senate has adopted by substitute, by the requisite constitutional majority Resolution of the Senate, to-wit:

SR 292. By Senators Johnson of the 38th, Ward of the 39th, Garrard of the 37th and others:
A Resolution urging the City of Atlanta to take certain steps to change the location of the municipal court of the City of Atlanta.

The Senate has adopted b ysubstitute, by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 626-1463. By Messrs. Ware, Mullinax, Knight and Potts of the 30th:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Troup County to assess and collect license fees and taxes from all persons, firms and corporations main taining a place of business in said county outside the corporate limits of municipalities located therein; and for other purposes.

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate, to-wit:

SR 226. By Senators Stephens of the 36th, Garrard of the 37th, Johnson of the 38th and others:
A Resolution proposing an amendment to the Constitution, so as to remove the area designation and authorize the establishment of historic zones in such areas of the City of Atlanta as the governing authority thereof may from time to time deem appropriate; and for other purposes.

SR 295. By Senator Reynolds of the 48th:
A Resolution proposing an amendment to the Constitution, so as to change the name and designation of the Highway Board to the Trans portation Board; and for other purposes.

THURSDAY, FEBRUARY 24, 1972

1893

The Senate has appointed the following Senators as an Escort Committee under the provision of HR 589 adopted January 26, 1972:

Senators: Zipperer of the 3rd, Kidd of the 25th, Rowan of the 8th, London of the 50th, Fincher of the 54th, McDuffie of the 19th, Summers of the 53rd, Higginbotham of the 43rd, Lester of the 23rd and Young of the 13th.

The Senate has passed by the requisite constitutional majority the following Bill of the Senate, to-wit:

SB 351. By Senator London of the 50th:
A Bill to amend Code Section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party, as amended, so as to abolish the right of the accused in criminal trials to make an unsworn statement; and for other purposes.

By unanimous consent, the following Bills and Resolutions of the Senate were read the first time and referred to the committees:
SB 367. By Senators London of the 50th and Overby of the 49th: A Bill to be entitled an Act to amend Code Chapter 27-7, relating to in dictments, presentments, and waiver of the same, so as to provide that any person who is arrested for a crime punishable by death and who is refused bail shall be entitled to a hearing by a grand jury having jurisdiction over defendant; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 406. By Senator Overby of the 49th: A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and providing for the establishment of a Joint Municipal Retirement System, so as to provide for coverage for the employees of the multi-county planning and development commissions; and for other purposes.
Referred to the Committee on Retirement.
SB 409. By Senator Bateman of the 27th: A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to reestablish ing membership service after withdrawal of contributions; and for other purposes.
Referred to the Committee on Retirement.

1894

JOURNAL OF THE HOUSE,

SB 419. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act creating the Sheriffs' Re tirement Fund of Georgia and providing for a retirement system for sheriffs, so as to reduce the retirement age and provide for increased retirement benefits; and for other purposes.
Referred to the Committee on Retirement.

SB 429. By Senators Ward of the 39th and Johnson of the 38th:
A Bill to be entitled an Act to amend the Act providing that certain cities shall furnish pensions to officers and employees of such cities so as to repeal said Section 3 of Ga. L. 1965 pp. 3256, 3257 and substituting in lieu thereof another provision of Section 3; and for other purposes.
, Referred to the Committee on State Planning and Community Affairs-Local Legislation.

SB 431. By Senator Hamilton of the 26th:
A Bill to be entitled an Act to amend an Act providing for premarital examinations for syphilis, so as to provide for premarital examinations for Sickle Cell Anemia for persons of the black race; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 440. By Senator Doss of the 52nd:
A Bill to be entitled an Act to provide for an additional judge of the superior court of the Rome Judicial Circuit; and for other purposes.
Referred to the Committee on Judiciary.

SB 471. By Senator Starr of the 44th:

i,r .

A Bill to be entitled an Act to establish and create a program to provide

scholarships to the children of law enforcement officers, firemen and

prison guards who are permanently disabled or killed in the line of

duty; and for other purposes.

Referred to the Committee of State of Republic.

SB 481. By Senators Lester of the 23rd and Reynolds of the 48th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide for annual in1 ; ' spection of devices controlling or abating atmospheric emissions in stalled on motor vehicles by the manufacturer; and for other purposes.
Referred to the Committee on Motor Vehicles.

THURSDAY, FEBRUARY 24, 1972

}895>

SB 487. By Senators Holloway of the 12th, Carter of the 14th, and Walling of the 42nd:

A Bill to be entitled an Act to amend the Coastal Marshlands Protec tion Act of 1970, so as to provide for the Department of Natural Re sources to issue orders, conduct hearings and institute and prosecute court actions as may be necessary to enforce compliance of the provi sions of this Act; and for other purposes.

Referred to the Committee on Natural Resources.

..

SB 494. By Senators Holloway of the 12th, Carter of the 14th and Walling of the 42nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide that any order issued by the Division of Environmental Protection of the Department of Natural Resources under this Act shall become final unless a hearing is requested no later than 30 days after such order is served; and for other purposes.
Referred to the Committee on Natural Resources.

SB 495. By Senators Holloway of the 12th, Carter of the 14th and Walling of the 42nd:
A Bill to be entitled an Act to provide for Solid Waste Management; to provide a short title; to provide for a declaration of public policy rela tive to solid waste management; and for other purposes.
Referred to the Committee on Natural Resources.

SB 523. By Senator Stephens of the 36th:

;

A Bill to be entitled an Act to amend Code Section 26-2303, relating to

the prohibition against receipt of funds or other things of value to be

used in the enforcement of the penal laws, so as to provide that nothing

contained in said Section shall be construed to prohibit any law enforce

ment officer from being employed during his off-duty hours; and for

other purposes.

s

Referred to the Committee on State of Republic.

SB 524. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a State Depart ment of Veterans Service and providing for a Board of Veterans Serv ice and a Director, so as to exempt veterans nursing,care facilities and the personnel from the provisions of an Act creating the State Board of Nursing Homes under certain conditions; and for other! purposes.
Referred to the Committee on Defense and Veterans Affairs.

1896

JOURNAL OF THE HOUSE,

SB 538. By Senators Holloway of the 12th, Carter of the 14th, and Starr of the 44th:
A Bill to be entitled an Act to provide for the establishment of Co operative Educational Service Agencies; and for other purposes.
Referred to Committee on Education.

SB 558. By Senators Johnson of the 38th, Kidd of the 25th, Ward of the 49th and others:
A Bill to be entitled an Act to amend Code Chapter 84-7, relating to dentists and dental hygienists, so as to increase the number of members of the Board of Dental Examiners; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 562. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide for expenses of the judge of the ju venile court; and for other purposes.
Referred to the Committee on Special Judiciary.

SB 563. By Senator Smalley of the 28th:
A Bill to be entitled an Act to repeal Code Section 49-228, relating to binding out indigent orphans, Code Section 66-203, authorizing the or dinary or judge of the county court to bind out minors in certain cases, Code Section 74-109, relating to cruel treatment by parents, and Code Section 74-110, relating to protection of children being reared under im moral conditions; and for other purposes.
Referred to the Committee on Welfare.
SB 566. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the present Juvenile Court Laws and estab lishing a new codification of laws relating thereto, to be known and cited as the Juvenile Court Code, so as to provide that the Juvenile Court Code shall be the official Title of the Code of Georgia of 1933; and for other purposes.
Referred to the Committee on Special Judiciary.
SB 567. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Section 24A-4001 of the Juvenile Court Code of Georgia, relating to specific repeals of Acts, so as to re peal certain specific acts; and for other purposes.
Referred to the Committee on Special Judiciary.

THURSDAY, FEBRUARY 24, 1972

1897

SB 578. By Senators Johnson of the 38th, Stephens of the 36th, Smith of the 34th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change the provisions relating to va cancies in the Board of Aldermen; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SR 226. By Senators Stephens of the 36th, Garrard of the 37th, Johnson of the 38th and others:
A Resolution proposing an amendment to the Constitution so as to re move the area designation and authorize the establishment of historic zones in such areas of the City of Atlanta as the governing authority thereof may from time to time deem appropriate; and for other pur poses.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SR 273. By Senators Zipperer of the 3rd, Searcey of the 2nd, and Riley of the 1st:
A Resolution authorizing the State Properties Control Commission to convey to the Development Authority of Chatham County, easements for the construction, laying, operating, maintaining, pipelines and electrical cables over, under and through certain State-owned property situate in the Savannah River; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SR 292. By Senators Johnson of the 38th, Ward of the 39th, Garrard of the 37th and others:
A Resolution urging the City of Atlanta to take certain steps to change the location of the municipal court of the City of Atlanta; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
SR 295. By Senator Reynolds of the 48th:
A Resolution proposing an amendment to the Constitution so as to change the name and designation of the Highway Board to the Trans portation Board; and for other purposes.
Referred to the Committee on Rules.

1898

JOURNAL OP THE HOUSE,

SR 297. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to allow the General Assembly to ensure a fair trial for all litigants by providing that grand and traverse jurors for the superior courts may be selected from the judicial circuit or other appropriate geographic region within which the superior court is located; and for other purposes.
Referred to the Committee on Judiciary.

SB 351. By Senator London of the 50th:
A Bill to be entitled an Act to amend Code Section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence submitted by either party, as amended, so as to abolish the right of the accused in criminal trials to make an unsworn statement; and for other purposes.
Referred to the Committee on Judiciary.

Mr. Murphy of the 19th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1124. By Mr. Murphy of the 19th:
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, so as to provide that graduates of nationally accred ited schools located within the State of Georgia shall not be required to stand or pass a Georgia Bar Examination; 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., Jr. Alexander Alien Battle Berry Black Bohannon Bray Brown, B. D. Brown, C. Burruss Cole Conger Connell Cook

Dailey Dean, Gib Dean, J. E. Dean, N. Egan Evans Felton Gary Gaynor Gignilliat Greer Griffin Ham Hamilton Hawes

Horton Howell Hutchinson Jessup Knight Lambert Lee, W. J. (Bill) Longino Marcus Matthews, C. Mauldin McCracken Melton Merritt Miles

Milford Miller Moore Moyer Mullinax Murphy Northcutt Patten Pearce

THURSDAY, FEBRUARY 24, 1972

1899

Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts Ross Rush Russell, A. B.

Scarborough Shanahan Smith, V. T. Turner Wamble Ware Wheeler, J. A. Williams

Those voting in the negative were Messrs.

Adams, John Atherton Barfield Bell Bennett, J. T., Jr. Collins, S. Coney, J. L. Davis, W. Dent Dixon Dorminy Drury

Floyd, J. H. Floyd, L. R. Fraser Grantham Gunter Harris Hays Hill, G. Howard Isenberg Jones, J. R. Knowles

Larsen, G. K. Levitas Lowrey Noble Roach Russell, W. B. Sherman Smith, J. R. Sorrells Toles Wilson Wood, R. E.

Those not voting were Messrs.:

Adams, Marvin Alexander, W. H. Bennett, Tom Blackshear Bond Bostick Bowen Brantley, H. H Brantley, H. L. Brown, S. P. Buck Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Collier Collins, M. Colwell Cney, G. D. Daugherty Davis, E. T.

Edwards Ezzard Farrar Geisinger Grahl Granade Groover Harrington Harrison Hill, B. L. Hood Housley Hudson, C. M. Hudson, Ted Johnson Jones, Herb Jordan Keyton King Kreeger Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. S. Leggett

Lewis Logan Mason Matthews, D. R. Maxwell McDaniell McDonald Morgan Mulherin Nes smith Nunn Odom Oxford Patterson Peters Poole Rainey Reaves Russell, H. P. Salem Savage Shepherd Sims Smith, L. R. Snow

1900
Stephens Strickland Sweat Thomason Thompson

JOURNAL OF THE HOUSE,

Townsend Triplett Tripp Vaughn

Wheeler, Bobby Whitmire Wood, J. T. Mr. Speaker

On the motion, the ayes were 71, nays 36.

The motion prevailed and the House reconsidered its action in failing to give the requisite constitutional majority to HB 1124.

Mr. Egan of the 116th moved that the House reconsider its action in failing to give the requisite constitutional majority to the following Bill of the House:

HB 1768. By Mr. Marcus of the 105th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to enlarge and redefine the corporate limits; and for other purposes.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Alexander, W. H. Alexander, W. M. Alien Battle Berry Black Bohannon Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Cole Collins, M. Conger Connell Daugherty Dean, Gib

Dean, J. E. Dean, N. Dent Dixon Dorminy Egan Evans Farrar Felton Fraser Gary Gaynor Gignilliat Granade Greer Ham Hamilton Hawes Hill, B. L. Horton Howell Hutchinson

Isenberg Jessup King Knight Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Longino Marcus Mason Matthews, C. Mauldin McCracken Merritt Miles Milford Miller

THURSDAY, FEBRUARY 24, 1972

1901

Moyer Mulherin Mullinax Murphy
Nunn Odom Patten Pearce Phillips, G. S. Phillips, L. L.

Phillips, W. R. Pickard Pinkston Roach Rush Russell, A. B. Russell, W. B. Savage Scarborough Shepherd

Smith, V. T. Toles Townsend Turner Vaughn Wamble Ware Wheeler, J. A. Whitmire Williams

Those voting in the negative were Messrs.:

Bell Bennett, J. T., Jr. Brantley, H. H. Collier Collins, S. Coney, J. L. Dailey Davis, W.

Floyd, J. H. Floyd, L. R. Geisinger Grantham Hill, G. Howard Jones, J. R.

Those not voting were Messrs.:

Adams, John Adams, Marvin Atherton Barfield Bennett, Tom Blackshear Bond Bostick Bowen Brantley, H. L. Carter Chance Chandler Chappell Cheeks Clements Colwell Coney, G. D. Cook Davis, E. T. Drury Edwards Ezzard Grahl Griffin Groover

Gunter Harrington
Harris Harrison Hays
Hood Housley Hudson, C. M. Hudson, Ted Johnson Jones, Herb Jordan Keyton Knowles
Kreeger Lane, W. J. Larsen, W. W. Lewis Lowrey
Matthews, D. R. Maxwell McDaniell
McDonald Melton Moore Morgan

On the motion, the ayes were 96, nays 22.

Noble Northcutt Ross Shanahan Sherman Wilson Wood, R. E.
Nessmith Oxford Patterson Peters Poole Potts Rainey Reaves Russell, H. P. Salem Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Triplett Tripp Wheeler, Bobby Wood, J. T. Mr. Speaker

1902

JOURNAL OF THE HOUSE,

The motion prevailed and the House reconsidered its action in failing to give the requisite constitutional majority to HB 1768.

The following Resolution of the House was read and adopted:

HR 594. By Mr. Wheeler of the 18th:
A RESOLUTION
Encouraging the rapid development of the School of Optometry in the medical center of the University of Alabama; and for other pur poses.
WHEREAS, the State of Georgia and the entire Deep South region has a severe shortage of health manpower in all categories and par ticularly optometrists; and
WHEREAS, the visual welfare of the public, educability of children, development of precision industry, and safety on the highways are de pendent on the availability of excellent optometric services; and
WHEREAS, the State of Georgia at the present time has no train ing facility for optometrists, and the development of such a program would require a considerable period of time and expenditure of money; and
WHEREAS, the State of Alabama has recently established a new School of Optometry in its medical center at the University of Alabama in Birmingham, and this is the first university program for the study of optometry in the Deep South, which, when fully developed and pro vided with an adequate faculty, could serve as a regional resource.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby encourage the rapid development of the School of Optometry in the medi cal center of the University of Alabama in Birmingham as a regional resource for the training of optometrists.
BE IT FURTHER RESOLVED that the United States Department of Health, Education and Welfare is hereby urged to facilitate the im mediate release of construction matching funds approved under the Health Professions Act or other appropriate legislation to assist in the accomplishment of this goal more quickly.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit a copy of this Resolution to the Secretary of the United States Department of Health, Education and Welfare, and to the Governor of the State of Alabama.

Under the general order of business, established by the Committee on Rules,

THURSDAY, FEBRUARY 24, 1972

1903

the following Resolutions of the House were taken up for consideration and read the third time:

HR 262-821. By Mr. Burruss of the 117th: A Resolution compensating Mr. Spurgeon Lindsey, and for other pur poses.
The following Committee substitute was read and adopted:
A RESOLUTION
Compensating Mr. Spurgeon Lindsey; and for other purposes.
WHEREAS, on the third day of April, 1970, Mrs. Spurgeon Lindsey was driving her husband's 1969 Pontiac automobile three miles west of Dallas, Georgia, on Georgia Highway 120, and was involved in an acci dent with a motor vehicle owned and operated by the State Highway De partment, the cause of which accident was due to the motor vehicle owned and operated by the State Highway Department's running a stop sign and striking the Lindsey Pontiac; and
WHEREAS, said accident was due to no fault or negligence on the part of Mr. and Mrs. Lindsey and it is only fitting and proper that Lindsey be compensated for the damages caused to his automobile ($1,599.96) and for medical expenses incurred on behalf of his wife ($263.00).
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the State Highway Department is hereby authorized and directed to pay the sum of $1,862.96 to Mr. Spurgeon Lindsey 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.
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 140, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, by substitute.
HR 500-1108. By Mr. Mullinax of the 30th: A Resolution compensating Mr. Luther King; and for other purposes.

1904

JOURNAL OP THE HOUSE,

The following Committee amendment was read and adopted:

The Committee on Appropriations moves to amend HR 500-1108 by changing the figure $5,964.82 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $2,443.97.

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 140, nays 0.

The Resolution, as amended, was adopted.

HR 617-1433. By Messrs. Gunter and Moore of the 6th: A Resolution compensating Mr. Hoyt Purdy; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 617-1433 by changing the figure $349.47 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $250.00.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 140, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 676-1585. By Messrs. Russell and Keyton of the 70th: A Resolution compensating Mr. John B. Hughes; and for other pur poses.
The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend 676-1585 by changing the figure $631.28 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $157.75.

THURSDAY, FEBRUARY 24, 1972

1905

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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 642-1498. By Messrs. Tripp and Jessup of the 49th: A Resolution compensating Shirley Barren; and for other purposes.

The following Committee amendment was read and adopted: The Committee on Appropriations moves to amend HR 642-1498 by
changing the figure $1,650.00 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $825.00.
The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.
On the adoption of the Resolution, as amended, the ayes were 140, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted, as amended.
HR 707-1643. By Mr. Dean of the 19th: A Resolution compensating Mr. Jerry Adair; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Appropriations moves to amend HR 707-1643 by changing the figure $1,350.00 as it appears in the last paragraph of said Resolution and substituting in lieu thereof the figure $1,000.00.

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to.

1906

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, as amended, the ayes were 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

HR 12-18. By Mr. Grantham of the 55th: A Resolution compensating Daniel S. Vickers; 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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 63-148. By Mr. Adams of the 100th: A Resolution compensating Mrs. Nola Waldrip; 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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 79-212. By Messrs. Brown and Melton of the 32nd:
A Resolution compensating Hensley Office Equipment Company; and for other purposes.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the ayes were 140, nays 0.

THURSDAY, FEBRUARY 24, 1972

1907

The Resolution, having received the requisite constitutional majority, was adopted.

HR 121-321. By Mr. Greer of the 95th: A Resolution compensating Mr. Bartle Bates; 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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 516-1151. By Messrs. Cole and Turner of the 3rd: A Resolution compensating Mr. O. L. Kelehear; 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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 522-1174. By Mr. Stephens of the 103rd: A Resolution compensating Stella Dozier; 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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

1908

JOURNAL OF THE HOUSE,

HR 542-1219. By Mr. Adams of the 100th:
A Resolution compensating Miss Sheila Wingo Lee; 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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 562-1299. By Mr. Colwell of the 5th:
A Resolution compensating Ernest T. Williams; 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 140, nays 0.

The Resolution, having received the requisite constitutional majority was adopted.

HR 616-1433. By Messrs. Gunter and Moore of the 6th:
A Resolution compensating North Georgia Wholesale 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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

THURSDAY, FEBRUARY 24, 1972

1909

HR 649-1510. By Mr. Lewis of the 37th: A Resolution compensating Mr. Seaboat Cain; 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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 695-1616. By Mr. Ham of the 33rd: A Resolution compensating Butts 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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HR 706-1643. By Mr. Dean of the 19th:
A Resolution compensating Mr. Dwain Shifflett; 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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

1910

JOURNAL OF THE HOUSE,

HR 711-1649. By Mr. Ross of the 26th: A Resolution compensating Mr. John M. King; 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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
HR 712-1649. By Mr. Ross of the 26th: A Resolution compensating Mr. Ollie Taylor; 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 140, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.
Pursuant to the provisions of HR 589, adopted by the House and Senate, the Senate appeared upon the floor of the House at 10:30 A.M., and the Joint Session convened for the purpose of hearing a message from His Excellency George Wallace, Governor of Alabama.
The Joint Session was called to order by the President of the Senate.
The Secretary of the Senate read the Resolution providing for the Joint Session.

Accompanied by His Excellency, Governor Jimmy Carter, the Committee of Escort and other distinguished guests, Governor Wallace appeared upon the floor of the House.

THURSDAY, FEBRUARY 24, 1972

1911

Lieutenant Governor Lester G. Maddox presented Governor George Wal lace, who addressed the Joint Session.

Senator Holley of the 22nd moved that the Joint Session be now dissolved and the motion prevailed.

The President of the Senate announced the Joint Session dissolved.

The Speaker called the House to order.

The Speaker announced the House recessed until 1:15 o'clock, this afternoon.

AFTERNOON SESSION The Speaker called the House to order.

The following Resolutions of the House were read and adopted:

HR 350. By Messrs. McDaniell, Housley and Kreeger of the 117th, Isenberg and Leggett of the 67th and others:
A RESOLUTION
Urging the boards of trustees of State retirement and pension sys tems to increase investments in Georgia residential mortgages; and for other purposes.
WHEREAS, the Federal Housing and Urban Development Act of 1968 reaffirmed and expressed numerically the national housing goal as expressed in the Housing Act of 1949 of "the realization as soon as feasible of the goal of a decent home and a suitable living environment for every American family"; and
WHEREAS, a Joint Resolution adopted at the 1970 session of the General Assembly of Georgia (Ga. Laws 1970, p. 843) affirmed for all Georgians the National Housing goal; and
WHEREAS, large amounts of long-term capital will be required for the realization of the National Housing goal; and
WHEREAS, the recent creation by the Federal Government of the Government National Mortgage Association, which guarantees single-

1912

JOURNAL OF THE HOUSE,

family VA, FHA, and Farmers Home Administration mortgages in packages of at least 2 million dollars in custodian banks against default, created a mechanism whereby safe investments can be made in home mortgages at high and fixed rates of return for long periods of time;
and

WHEREAS, the Employees' Retirement System, the Teachers' Re tirement System, the Public School Employees Retirement System, the Trial Judges and Solicitors Retirement System, the Legislative Retire ment System and other State retirement and pension systems have as sets in excess of 700 million dollars and could provide a substantial amount of long-term capital which is badly needed to help finance safe and decent dwelling units; and

WHEREAS, capital invested in home mortgages has been generally safe in the past and yielded a high rate of return; and

WHEREAS, the said retirement systems receive financial and ad ministrative benefits from the State of Georgia; and

WHEREAS, when economically sound and equally productive invest ment opportunities exist, the trustees of said retirement systems should choose investment opportunities which compliment the State's programs and assist it in achieving its stated goals.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the trustees of the State retirement and pension systems are hereby urged to substantially increase the purchase of Georgia residential mortgages, with priority give to those mortgages on dwellings of persons of low and moderate income, as long as such purchases are in keeping with sound investment practices.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the boards of trustees of all State retirement and pension systems.

HR 592. By Messrs. Hutchinson of the 61st, Harris of the 10th, Edwards of the 45th, Isenberg of the 67th and others:
A RESOLUTION
Relative to poor driving conduct and habits; and for other purposes.
WHEREAS, many drivers either deliberately or through ignorance drive slowly in the fast lane, unnecessarily impeding the flow of traffic; and
WHEREAS, many such drivers deliberately speed up after driving slowly while another driver is attempting to pass, causing extremely hazardous conditions; and

THURSDAY, FEBRUARY 24, 1972

1913

WHEREAS, many such drivers pull into the main flow of traffic from a side street or road without waiting for the proper time to enter traffic and are violating laws and endangering other drivers in the process; and

WHEREAS, the drivers of tractors and other slow-moving vehicles often do not take the shoulder of the road to allow traffic to flow as required by law; and

WHEREAS, a more vigorous enforcement of the laws against such dangerous conduct is needed.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body to hereby urge all law enforcement officers of this State to vigorously enforce the laws against the type of driving habits and conduct hereinabove enumer
ated.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Georgia Peace Officers Association, the Georgia State Patrol and the Georgia Traffic and Safety Council.

HR 593. By Messrs. Matthews of the 63rd, Collins of the 62nd, Hudson of the 48th, Nessmith of the 44th and others:
A RESOLUTION
Expressing opposition to proposed changes in the Federal Minimum Wage Law; and for other purposes.
WHEREAS, a proposal has been submitted to the Congress of the United States which would increase the minimum wage and decrease the number of man days per quarter used in determining coverage under the Federal Minimum Wage Law; and
WHEREAS, this proposal would bring a large number of family farms within the coverage of the Minimum Wage Law; and
WHEREAS, the family farm is the backbone of American agri cultural production and is a basic element in free enterprise economic posture of our nation; and
WHEREAS, the proposed changes in the Federal Minimum Wage Law would, if enacted, be extremely detrimental to the family of farms of our nation and would pose a serious threat to the ability of the family farmer to provide his family with an adequate income.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of the United States Senate and House of Representatives representing the State of Georgia are

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JOURNAL OF THE HOUSE,

hereby urged to take all actions within their power to defeat the pro posed changes in the Federal Minimum Wage Law or to porvide an exemption for those engaged in agricultural pursuits.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Honorable Herman E. Talmadge and Honorable David H. Gambrell, United States Senators, and to Honorable G. Elliott Hagan, Honorable Dawson Mathis, Honorable Jack Brinkley, Honorable Ben B. Blackburn, Honorable Fletcher Thompson, Honorable John J. Flynt, Jr., Honorable John W. Davis, Honorable W. S. Stuckey, Jr., Honorable Phil M. Landrum and Honorable Robert G. Stephens, Jr., United States Congressman.

HR 726. By Messrs. Savage of the 104th, Jones of the 4th, Wood of the 75th, Chappell of the 42nd and others:
A RESOLUTION
Relative to the Market Bulletin; and for other purposes.
WHEREAS, the Market Bulletin has long served the people of this State in providing them with vital information concerning agriculture; and
WHEREAS, the Market Bulletin is one of the most widely read publications within the State of Georgia; and
WHEREAS, this outstanding publication has proven to be a major economic tool to the citizens of our State; and
WHEREAS, certain proposals have been put forth to discontinue the publication of the Market Bulletin.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby urge the continuation of the publication of Market Bulletin.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to the Honorable Jimmy Carter, Gov ernor of the State of Georgia, and to the Honorable Thomas T. Irvin, Commissioner of Agriculture.

HR 727. By Messrs. Ware of the 30th, Gignilliat of the 89th, Moyer of the 41st, Hays of the 1st, Berry of the 85th and others:
A RESOLUTION
Urging the Board of Regents to investigate the feasibility of allow ing children of active military personnel stationed in Georgia to enter

THURSDAY, FEBRUARY 24, 1972

1915

any branch of the University System of Georgia and pay resident tui tion rates; and for other purposes.

WHEREAS, several of the largest military installations in the world are located in the State of Georgia; and

WHEREAS, these personnel and their families contribute signifi cantly to the economy of the State of Georgia; and

WHEREAS, many retired military personnel returned to Geor gia to live after completing their tours of military service; and

WHEREAS, the children of active military personnel stationed in Georgia cannot qualify for resident tuition rates unless the service member entered the military while a resident of the State of Georgia and still claims Georgia as his domicile; and

WHEREAS, approximately 17 states now allow children of active military personnel to qualify for admission in state-supported colleges and universities at resident rates.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby urge the Board" of Regents to conduct a detailed study into the feasibility of allowing children of active military personnel stationed in Georgia to qualify for admission at any branch of the University System of Georgia and pay resident tuition rates.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and directed to forward an appropriate copy of this Resolution to Dr. George L. Simpson, Jr., Chancellor of the Board of Regents of the University System of Georgia.

HR 825. By Messrs. Brown and Melton of the 32nd:
A RESOLUTION
Expressing sympathy at the passing of the Rev. John Brown Taylor; and for other purposes.
WHEREAS, on February 5, 1972, the State of Georgia lost one of its most outstanding citizens with the passing of the Rev. John Brown Taylor; and
WHEREAS, the Rev. John Brown Taylor was born on December 24, 1901, in Pulaski County, Georgia; and
WHEREAS, he began his radio ministry 33 years ago and pro vided a daily inspiration through his radio program for 33 continuous years; and

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JOURNAL OF THE HOUSE,

WHEREAS, his radio ministry was designed for the sick, afflicted, home-bound and those who had no other means of worship; and

WHEREAS, he made regular visits to hospitals, nursing homes, childrens' homes and jails; and

WHEREAS, his ministry was so unique and far-reaching that it might be said that he created 10,000 pulpits; and

WHEREAS, he was the devoted husband of Mrs. Gladys Griggers Taylor and the dedicated father of three outstanding children, Wal
lace Taylor, Charles Ray Taylor, and Mrs. Ann Moore, and two step children, Mrs. James Turner and Marvin Griggers.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby express their deepest regret at the passing of the Rev. John Brown Taylor, and do hereby extend their sincerest sympathy to the members of his family.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the family of the Rev. John Brown Taylor.

HR 826. By Messrs. Adams, Lowrey and Toles of the 9th:
A RESOLUTION
Commending Captain Nedsel Acker; and for other purposes.
WHEREAS, Captain Nedsel Acker has done an outstanding job as; Intelligence Officer of the Floyd County Police Department; and
WHEREAS, after attending the public schools in Floyd County, he served two years in the United States Army; and
WHEREAS, after extensive police training he entered police work in 1962; and
WHEREAS, his dedication to his work is second only to his wife, Jeanette, and their three wonderful children.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend Captain Nedsel Acker for his outstanding contributions to law enforcement in Floyd County.
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 Captain Nedsel Acker.

THURSDAY, FEBRUARY 24, 1972

1917

HR 827. By Messrs. Jessup and Tripp of the 49th:

A RESOLUTION

Expressing regrets at the death of Sergeant John F. Conner, Sr.; and for other purposes.

WHEREAS, on January 21, 1972, Sergeant John F. Conner, Sr., of the Cochran Police Department, was killed in the line of duty while attempting to apprehend a suspect in a burglary case; and

WHEREAS, Sergeant Conner was a former Deputy Sheriff of Blakely County; and

WHEREAS, John F. Conner, Sr., was an outstanding member of his community and State; and

WHEREAS, the many contributions of this dedicated law enforce ment officer will be sorely missed at his untimely passing.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby express its deep est and sincerest regrets at the passing of John F. Conner, Sr., and does extend to the members of his family and many friends its sincerest con dolences.

BE IT FURTHER RESOLVED that the Clerk of the House is hereby authorized and instructed to transmit an appropriate copy of this Resolution to Mrs. Tommie Brown Conner.

HR 828. By Messrs. Adams, Lowrey and Toles of the 9th:
A RESOLUTION
Commending Detective Ralph H. Kilgo; and for other purposes.
WHEREAS, Detective Ralph H. Kilgo of the Rome Police Depart ment has done an outstanding job in the investigation of crimes in the Rome area; and
WHEREAS, he demonstrated extreme skill and bravery in bring ing about the speedy arrest and prosecution of eight persons who com mitted rape and robbery in August of 1971; and
WHEREAS, Mr. Kilgo is very active in the religious and civic af fairs of his community; and
WHEREAS, it is only fitting and propert that Detective Kilgo be recognized for his outstanding heroism and for his dedicated service as a police officer.

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the members of this body to hereby com mend Detective Ralph H. Kilgo for his outstanding service in the Rome, Georgia, Police Department.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit an appropri ate copy of this Resolution to Detective Ralph H. Kilgo.

HR 829. By Mr. Housley of the 117th:
A RESOLUTION
Commending the National Institute of Home Consumers Associa tion (NIHCA) ; and for other purposes.
WHEREAS, the National Institute of Home Consumers Association (NIHCA) was created to help protect home buyers and to aid them in the selection of a quality home; and
WHEREAS, the National Institute of Home Consumers Association (NIHCA) strives to insure that its members are of high ethical and moral character; and
WHEREAS, the National Institute of Home Consumers Associa tion (NIHCA) is a new concept in the field of home marketing; and
WHEREAS, their services will greatly aid many people.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby commends the National Institute of Home Consumers Association (NIHCA) for its outstand ing Service.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and instructed to transmit an ap propriate copy of this Resolution to Mr. Louis Lane, Mr. James H. Stymus and Mrs. Phyliss Holcomb.

HR 830. By Messrs. Whitmire, Williams and Wood of the llth:
A RESOLUTION
Commending Mrs. Sara Alien Van Horn; and for other purposes.
WHEREAS, Mrs. Sara Alien Van Horn has served as extension home economist in Hall County for over 20 years; and
WHEREAS, Mrs. Van Horn will be retiring in February of 1972; and

THURSDAY, FEBRUARY 24, 1972

1919

WHEREAS, because of her time and effort through the years, Hall County now has 14 community homemaker clubs and one county homemaker council; and

WHEREAS, she has won numerous awards, including the C and S Bank Outstanding Service Award and a citation from the National Association of Extension Home Economists; and

WHEREAS, she has been active in many community activities such as the Hall County Hospital Auxiliary, Community Chest, Salvation Army, Cancer Society and the Hall County Chapter of the American Red Cross; and

WHEREAS, her dedication to her community and her selfless and gratuitous giving of time and energy has provided an inspiration to the people of Hall County.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com mend Mrs. Sara Alien Van Horn on her many outstanding contributions to the life of Hall County and the State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Mrs. Sara Alien Van Horn.

HR 831. By Messrs. Housley, McDaniell, Howard, Kreeger, Wilson and Atherton of the 117th:
A RESOLUTION
Expressing deepest and sincerest regrets for the passing of Hon orable David Clay Hester; and for other purposes.
WHEREAS, Honorable David Clay Hester was a resident of Mari etta, Georgia, and was highly respected and admired by those who knew him; and
WHEREAS, he served as a member of the Marietta Board of Education for several years and has served as Chairman of that body with distinction; and
WHEREAS, he made many valuable contributions to his com munity and fellowman by his service in business, civic and govern mental affairs; and
WHEREAS, he excelled as a husband, father and friend; and
WHEREAS, he will be sorely missed by his friends, family and neighbors, and by the officials of the State of Georgia who were honored to have known the Honorable David Clay Hester.

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JOURNAL OF THE HOUSE,

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body hereby expresses its deepest re grets for the passing of Honorable David Hester, and expresses its sincerest condolences to his lovely widow, Mrs. Emma Ruth Hester, and to his children, Mrs. Susan Hester, Bivins, Miss Priscilla Hester and Mr. Clay Hester.

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 widow of Honorable David
Clay Hester and his children.

HR 832. By Messrs. Patten and Matthews of the 63rd, Adams of the 39th, Rus sell of the 70th:
A RESOLUTION
Commending the City of Atlanta and Mrs. Henrietta Coston; and for other purposes.
WHEREAS, the City of Atlanta has provided an official hostess for the 1972 session of the General Assembly; and
WHEREAS, due to the large number of people from out of town attending the General Assembly and due to the tremendous growth of Atlanta and its many activities and places of interest, such a hostess has been beneficial to visitors and members of the legislature; and
WHEREAS, the beautiful and charming hostess for this session has been Mrs. Henrietta Coston; and
WHEREAS, Mrs. Coston always has a friendly smile and helping hand for everybody around the Capitol; and
WHEREAS, her vivacious personality and the happiness she re ceives in helping others has been an inspiration to the members of this Body; and
WHEREAS, it is only fitting and proper that Mrs. Coston and tha City of Atlanta be commended for their outstanding work.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that the members of this Body do hereby com mend the City of Atlanta for providing a hostess for the 1972 session and do hereby commend Mrs. Henrietta Coston for her time and dedica tion in making this a more pleasant session for everyone.
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 Sam Massell, Mayor of the City of Atlanta, and to Mrs. Henrietta Coston, hostess for the City of Atlanta.

THURSDAY, FEBRUARY 24, 1972

1921

HR 833. By Messrs. Adams, Lowrey and Toles of the 9th:

A RESOLUTION

Commending Sheriff Joe Adams; and for other purposes.

WHEREAS, Mr. Joe Adams has served as Sheriff of Floyd County for almost 20 years; and

WHEREAS, Sheriff Adams was born in Cherokee County, Ala bama, and came to Rome in 1926; and

WHEREAS, before becoming Sheriff, Mr. Adams operated a res taurant in Rome, and his food specialties are so popular that he is still called on to cook for large civic functions; and

WHEREAS, Mr. Adams is very active in the civic, religious and political affairs of his community, having held many important offices in local organizations; and

WHEREAS, Sheriff Adams has won numerous awards for his out standing law enforcement and civic work, including the Outstanding1 Leadership Award by the Optimist in 1956, the Distinguished Service Award of 1963--Veterans of World War I of the U.S.A., Exchange Club Appreciation Award of 1968, and the Distinguished Service Award "Boys Club Bronze Keystone" by the Rome Boys Club in 1968.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Sheriff Joe Adams for his outstanding service as Sheriff of Floyd County and for his many contributions to the life of his community.

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 Sheriff Joe Adams.

HR 834. By Messrs. Adams, Lowrey and Toles of the 9th:
A RESOLUTION
Commending Sgt. Doyle D. Broome; and for other purposes.
WHEREAS, Sgt. Doyle D. Broome of the Georgia State Patrol has been rendering excellent service to the people of Floyd County; and
WHEREAS, he has been in law enforcement for 15 years, and in the State Patrol for over 11 years; and
WHEREAS, in September of 1965, at the Southern Governors' Conference at Sea Island, he was an aid for Dean Rusk, who at the time was Secretary of State; and

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JOURNAL OF THE HOUSE,

WHEREAS, Sgt. Broome is active in the civic and religious affairs of his community, and has especially done exceptional work with the Boy Scouts.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Sgt. Doyle D. Broome for his capable and diligent service as a member of the State Patrol in the Floyd County area.

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 Sgt. Doyle D. Broome.

HR 835. By Messrs. Adams, Lowrey and Toles of the 9th:
A RESOLUTION
Commending Mr. Vince Franklin Early; and for other purposes.
WHEREAS, Mr. Vince Franklin Early has done an outstanding job as Wild Life Refuge Manager at Berry School; and
WHEREAS, Mr. Early started with the State Game and Fish De partment in September of 1968 in Walker County; and
WHEREAS, Mr. Early is very active in the affairs of his com munity; and
WHEREAS, his dedication to his work is second only to his dedica tion to his wife, Shirley.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby commend Mr. Vince Franklin Early on his outstanding work as Manager of the Wild Life Area.
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. Vince Franklin Early.
HR 836. By Mr. Oxford of the 46th:
A RESOLUTION
Commending Dr. Thomas J. Jones; and for other purposes.
WHEREAS, Dr. Thomas J. Jones served as Dean of the School of Veterinary Medicine at the University of Georgia from 1946 to 1964, and was employed by the University of Georgia for his entire pro fessional career; and

THURSDAY, FEBRUARY 24, 1972

1923

WHEREAS, Dr. Jones has recently retired from the University of Georgia; and

WHEREAS, Dr. Jones was instrumental in reactivating the School of Veterinary Medicine at the University of Georgia and has been named Dean Emeritus of the School of Veterinary Medicine at the Uni versity of Georgia by the Board of Regents of the University System of Georgia; and

WHEREAS, Dr. Jones has had a tremendous influence on the lives of veterinary medicine students at the University of Georgia and has faithfully served the University for many years.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby com mend and congratulate Dr. Thomas J. Jones and do hereby extend their appreciation to him for his lifetime of faithful service to the University of Georgia School of Veterinary Medicine.

BE IT FURTHER RESOLVED that the members of this body, to hereby request the Board of Regents of the University System of Geor gia to provide Dr. Thomas J. Jones with the desk and chair which he used during his many years of service at the University 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 Dr. Thomas J. Jones and to the Board of Regents of the University System of Georgia.

HR 837. By Messrs. McDaniell, Howard, Wilson, Kreeger and Atherton of the 117th:
A RESOLUTION
Relative to Grandmothers Day; and for other purposes.
WHEREAS, the second Sunday in October of each year has tra ditionally been proclaimed as Grandmothers Day; and
WHEREAS, it is only befitting and proper that one day of each year be set aside to recognize the wisdom and stabilizing effect the grandmothers of this country exert upon each of us; and
WHEREAS, October 8, 1972, will be designated as Grandmothers Day throughout the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF Representatives that each and every citizen of this state is urged to observe October 8, 1972, as Grandmothers Day and to direct their attention to the many outstanding contributions which these grand, ladies have provided for this State and Nation.

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JOURNAL OP THE HOUSE,

HR 838. By Messrs. Patten and Matthews of the 63rd, Adams of the 39th, Rus sell of the 70th and others:

A RESOLUTION

Deploring the killing of policemen in this State; and for other purposes.

WHEREAS, the citizens of Georgia are saddened by the large number of policemen who are being killed in this State; and

WHEREAS, as representatives of all Georgians, the members of this Body urge the citizens of this State to have pride in their peace officers and show the utmost respect to them; and

WHEREAS, the policemen of this State have dedicated their lives to protecting all Georgians; and

WHEREAS, the killing of a policeman directly affects every person in this State; and

WHEREAS, disrespect for the law should not be tolerated, and per sons committing crimes against police officers should be afforded maxi mum punishment.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OP REPRESENTATIVES that this Body does hereby deplore the killing of policemen in this State and urges all Georgians to show the utmost respect toward police officers.

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 Peace Officers Associa tion of Georgia.

HR 839. By Mr. Felton of the 95th:
A RESOLUTION
Expressing sympathy at the passing of Thomas I Carlisle; and for other purposes.
WHEREAS, Thomas I. Carlisle was born on May 2, 1945, the son of Mr. and Mrs. Ralph E. Carlisle, the grandson of Judge and Mrs. Ira Carlisle, and the grandson of Mr. and Mrs. William R. McDaniel; and
WHEREAS, Thomas I. Carlisle had a magnetic personality and was an outstanding athlete and leader of men both at Avondale High School and at Georgia Tech; and

THURSDAY, FEBRUARY 24, 1972

1925

WHEREAS, Thomas I. Carlisle received many awards and accolades for his many achievements and was a composer and musician; and

WHEREAS, Thomas I. Carlisle, after being graduated from Geor gia Tech, became highly respected as a most able young textile en gineer; and

WHEREAS, Thomas I. Carlisle was married to the former Elaine Wood and was the father of Thomas I. Carlisle, Jr., who is now four years of age; and

WHEREAS, on June 10, 1971, Thomas I. Carlisle died tragically as a result of fatal wounds received when a tractor-trailer loaded with dynamite exploded near Waco, Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its heartfelt sympathy to the widow of Thomas I. Carlisle; to his minor son, Thomas I. Carlisle, Jr.; to his parents; to his brothers; and to his grandparents.

BE IT FURTHER RESOLVED that this Body does hereby express its great concern for the passage of laws and the implementation of safety practices which will prevent unnecessary deaths and injuries
resulting from the transportation of hazardous materials over the high ways of the State of Georgia.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an ap propriate copy of this Resolution to the following relatives of Thomas I. Carlisle: Mrs. Thomas I. Carlisle, widow; Mr. and Mrs. Ralph E. Carlisle, parents; Mr. and Mrs. William R. McDaniel, grandparents; Judge and Mrs. Ira Carlisle, grandparents; and Mr. William R. Carlisle and Mr. Robert E. Carlisle, brothers.

HR 840. By Mr. Jessup of the 49th:
A RESOLUTION
Congratulating U. R. "Cap" Smith; and for other purposes.
WHEREAS, on April 23, U. R. "Cap" Smith, a distinguished and otustanding citizen of Bleckley County, will observe his 100th birthday; and
WHEREAS, "Cap" Smith is the oldest resident of Bleckley County; and
WHEREAS, during his long and eventful life, Mr. Smith has been an outstanding member of the business and civic life of his community; and

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JOURNAL OF THE HOUSE,

WHEREAS, it is only befitting and proper that on his 100th birth day the many outstanding achievements and contributions of this prominent citizen of Bleckley County be recognized.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this body does hereby extend to U. R. "Cap" Smith its warmest congratulations upon the celebration of his 100th birthday.

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 U. R. "Cap" Smith.

HR 841. By Messrs. Cole, Turner and Smith of the 3rd:
A RESOLUTION
Commending the Roadrunner Basketball Team of Dalton Junior College; and for other purposes.
WHEREAS, the Roadrunner Basketball Team of Dalton Junior College is currently the No. 2 ranked team in the nation; and
WHEREAS, this outstanding basketball team won the Georgia Junior College Athletic Association State Basketball Championship for 1971-72, their second State championship in three years; and
WHEREAS, they have an overall record of 31 wins and no losses and a conference record of 16 wins and no losses; and
WHEREAS, the Roadrunners have won 92 games while losing only 25 over the last four years and have had two perfect seasons in league play; and
WHEREAS, this outstanding record can only be attributed to the brilliant coaching effects of Head Coach Melvin Ottinger and Assistant Coach Dick Coleman and to the amazing offensive and defensive talents of the members of the team; and
WHEREAS, the members of this outstanding organization are: Jon Heath, who is the GJCAA Player of the Year. Rodney Aldridge, David Rainey, Charlie Palmer, Larry Jackson, Roger Rome, Cleo Goodgame, Steve Ludy, Tony Ingle, Tony Little, Mike Wade, Andy Akin, and Charlie Powers, and the manager of this outstanding team is Sam Stocks.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend the members and coaches of the Dalton Junior College Roadrunner Basketball Team for their outstanding record as a basket-

THURSDAY, FEBRUARY 24, 1972

1927

ball team and for the sportsmanship which they have shown during the 1971-72 basketball season.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appro priate copies of this Resolution to Dalton Junior College and to the coaches and members of the Roadrunner Basketball Team.

HR 842. By Mr. Fraser of the 59th:
A RESOLUTION
Commending the Mayor and Council of the City of Hinesville; and for other purposes.
WHEREAS, the City of Hinesville was recently offered a $250,000 federal grant for a Neighborhood Facilities Center; and
WHEREAS, under the terms of this proposed grant the City of Hinesville would have been required to provide matching funds for this grant; and
WHEREAS, the Mayor and Council have taken a courageous stand in rejecting this grant so as to keep the City of Hinesville on a sound financial footing; and
WHEREAS, it is only fitting and proper that the Mayor and Coun cil be recognized and commended for the realistic decision which they have made concerning this grant and for their priorities in the use of public funds.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recog nize and commend the Mayor and Council of the City of Hinesville for the stand that they have taken concerning the grant for the Neighbor hood Facilities Center.
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 Mayor and Council of the City of Hinesville.

HR 843. By Messrs. Lowrey, Adams and Toles of the 9th:
A RESOLUTION
Expressing regret at the passing of Mr. John L. Davenport; and for other purposes.

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JOURNAL OF THE HOUSE,

WHEREAS, John L. Davenport, who served as Floyd County coroner for 15 years, recently passed away at the age of 56; and

WHEREAS, this Body mourns the loss of such an upstanding and loyal citizen, but takes pride in the memory of the high ideals which he exemplified; and

WHEREAS, he is the son of the late John Lewis Davesport, Sr. and Jessie Madden Davenport of Rome; and

WHEREAS, he attended the Rome public schools and, after graduat ing from college, served in the United States Air Force during World War II; and

WHEREAS, during his eventful life, he provided an inspiration to his community through his many contributions to the civic, economic and political life of his county.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby express its deepest and sincerest regrets at the passing of one of this State's most out standing citizens, Mr. John L. Davenport.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to the family of Mr. John L. Daven port.

HR 844. By Mr. Housley of the 117th:
A RESOLUTION
Commending Miss Sharon Housley; and for other purposes.
WHEREAS, Miss Sharon Housley of Cobb County demonstrated ex treme skill and bravery earlier this month when she whisked a class mate out from in front of a moving automobile, thereby averting a cer tain tragedy; and
WHEREAS, without thought for her own personal safety, she risked her own life to save the life of her friend; and
WHEREAS, Sharon is a student at St. Joseph's grade school in Marietta and is very active in the affairs of the school; and
WHEREAS, her outstanding heroism should provide an inspiration to all Georgians.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this Body do hereby com-

THURSDAY, FEBRUARY 24, 1972

1929

mend and congratulate Miss Sharon Housley for her outstanding bravery and valor in saving the life of her classmate.

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 Miss Sharon Housley.

HR 845. By Messrs. King of the 86th, Logan and Matthews of the 16th, Maxwell of the 17th and others:
A RESOLUTION
Commending the University of Georgia Bulldog football team; and for other purposes.
WHEREAS, the University of Georgia has a winning tradition in football dating back to the nineteenth century including the great teams led by the immortal Bob McWhorter of the 1912 era, the great teams of the 1920's that produced such outstanding players as Vernon (Cat fish) Smith, Tom Nash, Chick Shiver, Cy Grant, Bill Hartman, Quinton Lumpkin, Alex McCaskill and Vassa Gate; and
WHEREAS, the Georgia Bulldogs, with such greats as Frank Sinkwich, George Poschner, Charlie Trippi, Walter Ruark, Lamar Davis, Heyward Alien, Van Davis and Cliff Kimsey, reached the high est levels in football in the early 1940's and the 1942 team, under the leadership of Sinkwich and Trippi, won the Rose Bowl Championship: and
WHEREAS, the 1946 Georgia Bulldogs went undefeated under the leadership of Trippi and won the Sugar Bowl Championship, and the 1948 Team, under the great quarterback, Johnny Rauch, had a great season and played in the Orange Bowl; and
WHEREAS, the Cinderella Bulldogs of 1959 posted a nine and one regular season record and won the Orange Bowl Championship with the leadership of Francis Tarkenton; and
WHEREAS, a spirit of winning has been a part of every football season since Vince Dooley became head coach in 1964; and
WHEREAS, the 1966 Bulldogs lost only one game, with sensational All-American performances from tackles Bill Stanfill and George Patton, and won the Cotton Bowl Championship; and
WHEREAS, the great 1968 team went undefeated in regular sea son play with two outstanding Ail-Americans, Stanfill and Jake Scott; and
WHEREAS, the University of Georgia has produced another great football team in the 1971 season with the most outstanding record since the 1946 season, winning eleven games and losing one; and

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WHEREAS, the tutorage of Coach Dooley, Erskine Russell, Fred Pancoast and staff inspired the winning season under the leadership of Sophomore All-Americans, Andy Johnson and Jimmy Poulos, and the consensus All-American Guard, Royce Smith; and

WHEREAS, the 1971 Georgia team was ranked among the best ten college clubs in the nation; and

WHEREAS, a number of players on this great team received na tional recognition for their outstanding performances over the past season, and numerous others received scholastic honors for their out standing academic work, thus reflecting great credit in true University of Georgia tradition on our State; and

WHEREAS, the Bulldogs were selected to participate in the 27th annual Gator Bowl game, and on December 31, 1971, met and van quished the University of North Carolina Tarheels before a capacity crowd and national television and the Bulldogs now reign as Gator Bowl Champions; and

WHEREAS, the fine athletic talents and abilities demonstrated by the distinguished young men comprising this fine football team have focused the attention of the nation on the outstanding attributes of the University of Georgia.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body does hereby extend to Coach Vince Dooley, his coaching staff, the players and all those connected with the athletic program of the University of Georgia its heartiest congratulations for a magnificent season.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and instructed to transmit an appropriate copy of this Resolution to the University of Georgia Preisdent Fred Davison, Athletic Director Joel Eaves, Sports Information Director Dan Magill and Coach Vince Dooley.

BE IT FURTHER RESOLVED that this Body would consider it a great honor to have several members of the Athletic Department visit us and speak briefly about the athletic program at the University.

HR 846. By Messrs. Housley and Kreeger of the 117th:
A RESOLUTION
Commending Mrs. Jo Allison for outstanding governmental service; and for other purposes.
WHEREAS, Mrs. Jo Allison is an outstanding citizen of Cobb County; and

THURSDAY, FEBRUARY 24, 1972

1931

WHEREAS, Mrs. Jo Allison has worked for the Cobb County Board of Education for several years; and

WHEREAS, Mrs. Jo Allison has served under two outstanding school Superintendents and has rendered a valuable service to them and to the members of the Board; and

WHEREAS, Mrs. Jo Allison is an outstanding example of dedica tion to the educational system of Cobb County; and

WHEREAS, Mrs. Jo Allison is an inspiration to those who know her.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF RERESENTATIVES that Mrs. Jo Allison is hereby commended as one of Cobb County's most outstanding citizens.

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. Jo Allison.

HR 855. By Mr. Bray of the 31st:
A RESOLUTION
Commending Mr. Chet Atkins; and for other purposes.
WHEREAS, Mr. Chet Atkins is known throughout the world as "Mr. Guitar" because of his complete mastery of that musical instrument; and
WHEREAS, in its July 13, 1971, issue on Country Music, Look magazine said, "Chet Atkins is, hands down, the best guitar player in America"; and
WHEREAS, after Chet Atkins appeared in a concert in Johannes burg, South Africa, an outstanding Mozambique radio critic said of him: "The warmth of his personality is his passport, the feeling he evidences for his music surmounts all language barriers--Mr. Guitar's appeal is universal."; and
WHEREAS, in recognition of his remarkable talent, Chet Atkins has been invited to many outstanding musical events as guest soloist including appearances with the symphony orchestra in New Orleans, Seattle, Denver, Birmingham, Atlanta, Houston, St. Louis, Minneapolis and Nashville, and he also played before President Kennedy for the Press Photographers' Ball at the White House in 1961; and
WHEREAS, Chet Atkins is a former resident of Georgia, having lived his formative teen years in and having attended high school in Hamilton, Georgia, where his father taught music; and

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WHEREAS, he has always shown a deep affection for Georgia, and since taking over as head of RCA's Nashville operation, he has produced two versions of "Sweet Georgia Brown", one of which is performed by "Mr. Guitar" himself, and also "Georgia on My Mind" and "Georgia Sunshine" by Jerry Reed, a native Georgian, and "If I Ever Get Back to Georgia" and "Peach Picking Time in Georgia" by Hank Snow; and

WHEREAS, he has brought the Masters" Music Festival to the Cities of Atlanta, Columbus, Athens and Augusta, Georgia; and

WHEREAS, Chet has developed and produced a visual guitar teach ing technique and course that is now a part of the curriculum in private and public schools throughout the nation; and

WHEREAS, Chet is retained as the final design and performance consultant by Gretch Guitar Company, one of the largest guitar manu facturers in the world; and

WHEREAS, Chet has supervised and produced the recordings of such outstanding artists as Perry Como, Roy Rogers, Jerry Reed, Eddie Arnold, Jim Ed Brown, Archie Campbell, Floyd Cramer, Jimmy Dean, George Hamilton, IV, Waylon Jennings, Hank Snow, Porter Wag oner, Billy Ed Wheeler, Charley Pride, Dolly Parton, Connie Smith, Hank Locklin and Gene Booker Brown; and

WHEREAS, Chet is considered to be the chief formulator of what has come to be known as "The Nashville Sound", a stabilizing influence in all of today's music.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that Chet Atkins, "Mr. Guitar", is hereby com mended as a former Georgian for being one of the most outstanding musical talents of the 20th Century and for bringing great pleasure to millions of music lovers all over the world.

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. Chet Atkins.

HR 863. By Messrs. Smith of the 43rd, Toles of the 9th, Matthews of the 63rd and many others:
A RESOLUTION
Inviting Dr. Billy Graham to address the House of Representatives; and for other purposes.
WHEREAS, Dr. Billy Graham is known and loved throughout the world for the inspiration which he has provided countless millions of people; and

THURSDAY, FEBRUARY 24, 1972

1933

WHEREAS, his dedication to the principles of living a Christian life make him a man whose advice and counsel are constantly sought; and

WHEREAS, Dr. Graham will be in Atlanta on Wednesday, March 1, 1972; and

WHEREAS, it would be an inspiration to the members of this body to meet with Dr. Billy Graham.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby extend a most cordial invitation to Dr. Billy Graham to speak to the House of Representatives on Wednesday, March 1, 1972.

BE IT FURTHER RESOLVED that the Speaker of the House of Representatives is hereby authorized and requested to extend an in vitation to Dr. Billy Graham on behalf of the members of the House of Representatives, and to make all arrangements necessary for Dr. Gra ham's appearance.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an ap propriate copy of this Resolution to Dr. Billy Graham.

SR 315. By Senator Hill of the 29th:
A RESOLUTION
Commending Mr. Chet Atkins; and for other purposes.
WHEREAS, Mr. Chet Atkins is known through the world as "Mr. Guitar" because of his complete mastery of that musical instrument; and
WHEREAS, in its July 13, 1971, issue on County Music, Look Mag azine said, "Chet Atkins is, hands down, the best guitar player in America"; and
WHEREAS, after Chet Atkins appeared in a concert in Johannes burg, South Africa, an outstanding Mozambique radio critic said of him: "The warmth of his personality is his passport, the feeling he evidences for his music surmounts all language barriers--Mr. Guitar's appeal is universal."; and
WHEREAS, in recognition of his remarkable talent, Chet Atkins has been invited to many outstanding musical events as guest soloist including appearances with the symphony orchestra in New Orleans, Seattle, Denver, Birmingham, Atlanta, Houston, St. Louis, Minneapolis and Nashville, and he also played before President Kennedy for the Press Photographers' Ball at the White House in 1961; and

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WHEREAS, Chet Atkins is a former resident of Georgia, having lived his formative teen years in and having attended high school in Hamilton, Georgia, where his father taught music; and

WHEREAS, he has always shown a deep affection for Georgia, and since taking over as head of RCA's Nashville operation, he has produced two versions of "Sweet Georgia Brown", one of which is per formed by "Mr. Guitar" himself, and also "Georgia on my Mind" and "Georgia Sunshine" by Jerry Reed, a native Georgian, and "If I Ever Get Back to Georgia" and "Peach Picking Time in Georgia" by Hank Snow; and

WHEREAS, he has brought the Masters' Music Festival to the cities of Atlanta, Columbus, Athens and Augusta, Georgia; and

WHEREAS, Chet has developed and produced a visual guitar teach ing technique and course that is now a part of the curriculum in pri vate and public schools throughout the nation; and

WHEREAS, Chet is retained as the final design and performance consultant by Gretch Guitar Company, one of the largest guitar manu facturers in the world; and

WHEREAS, Chet has supervised and produced the recordings of such outstanding artists as Perry Como, Roy Rogers, Jerry Reed, Ed die Arnold, Jim Ed Brown, Archie Campbell, Floyd Cramer, Jimmy Bean, George Hamilton, IV, Waylon Jennings, Hank Snow, Porter Wag oner, Billy Ed Wheeler, Charley Pride, Dolly Parton, Connie Smith, Hank Locklin and Gene Booker Brown; and

WHEREAS, Chet is considered to be the chief formulator of what has come to be known as "The Nashville Sound", a stabilizing influence in all of today's music.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that Chet Atkins, "Mr. Guitar", is hereby commended as a former Georgian for being one of the most outstanding musical talents of the 20th Century and for bringing great pleasure to millions of music lovers all over the world.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mr. Chet Atkins.

SR 254. By Senators Hudgins of the 15th and Jackson of the 16th:
A RESOLUTION
Relative to "the South Georgia Limited Access Highway Associa tion ; and for other purposes.
WHEREAS, the six South Georgia Area Planning and Develop-

THURSDAY, FEBRUARY 24, 1972

193'5

ment Commissions have recognized and taken cognizance of the highway situation in South Georgia; and

WHEREAS, these South Georgia Area Planning and Development Commissions have caused professional feasibility and justification studies to be accomplished; and

WHEREAS, these six South Georgia Area Planning and Develop ment Commissions have joined together to sponsor and establish the South Georgia Limited Access Highway Association; and

WHEREAS, the South Georgia Limited Access Highway Associa tion and its objectives are funded and supported by 23 counties and cities of South Georgia; and

WHEREAS, the South Georgia Limited Access Highway Associa tion endeavors to improve and enhance the highway conditions in Geor gia and the southeastern United States.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that this Body hereby acknowledges and endorses the outstanding efforts being extended through the South Geor gia Limited Access Highway Association, by the sponsoring commis sions, supporting counties and cities, in this fine endeavor to provide more adequate high standard highways in Georgia.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to forward an appropriate copy of this Resolution to the executive directors of the six South Georgia Area Planning and Development Commissions.

SR 244. By Senator Kidd of the 25th:
A RESOLUTION
Relating to the coveted O'Connor papers becoming housed at Georgia College; and for other purposes.
WHEREAS, Miss Flannery O'Connor of Milledgeville, Georgia, was one of the most famous authors of short stories in the history of Ameri can literature; and
WHEREAS, some of her more famous works include "A Good Man is Hard to Find", "The Violent Bear it Away", "Everything that Rises Must Converge", and "Mysteries and Manners"; and
WHEREAS, the magnitude of her work was such that already the books and articles of commentary and interpretation run into the hun dreds ; and
WHEREAS, in her lifetime she was accorded almost every honor

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that can accrue to a short story writer in this country, including three O. Henry Memorial Awards, two Kenyon Review Fellowships, and two national grants; and

WHEREAS, since the death of this nationally known author in 1964, there has been an eager interest on the part of a number of uni versities in acquiring her manuscripts; and

WHEREAS, on January 16, 1972, the papers of the distinguished Georgia writer will be presented by her mother, Mrs. Regina Cline O'Connor, to Georgia College to be held in trust in the Ina Dillard Rus sell Library at Georgia College in Milledgeville; and

WHEREAS, the Alumni Association of Georgia College has under taken the project of preparing, furnishing and decorating the room in which these coveted papers will be housed.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the members of this body do hereby express their desire to recognize the great literary work of the late Miss Flannery O'Connor, and do hereby express their sincere appreciation to Mrs. Regina Cline O'Connor for her gift to Georgia College.

BE IT FURTHER RESOLVED that the Secretary of the Senate is hereby authorized and directed to transmit an appropriate copy of this Resolution to Mrs. Regina Cline O'Connor.

The following Resolutions of the House were read and referred to the com mittees :

HR 847. By Messrs. Lewis of the 37th and Sherman of the 80th:
A RESOLUTION
Supporting President Nixon in his efforts to improve relations with Red China; and for other purposes.
WHEREAS, President Nixon has taken bold and courageous action in attempting to improve relations between the United States and Red China; and
WHEREAS, Red China represents a large segment of the world's population, and a lasting peace cannot be secured without the coopera tion and assistance of said nation; and
WHEREAS, President Nixon will soon visit Red China for the pur pose of further improving relations between said nation and the United States, and all Americans should support him in his efforts.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

THURSDAY, FEBRUARY 24, 1972

1937

REPRESENTATIVES that the members of this body do hereby express their support and best wishes to the President Richard M. Nixon in his efforts to establish better relations between the United States and Red China and do further express their sincere hope that his visit to Red China will be a complete success.

BE IT FURTHER RESOLVED that the Clerk of the House of Rep resentatives is hereby authorized and directed to transmit appropriate copies of this Resolution to President Richard M. Nixon and to each member of the Georgia delegation to the United States Congress.
Referred to the Committee on Rules.

HR 848. By Messrs. Atherton, McDam'ell, Howard, Wilson, Kreeger and Burruss of the 117th:
A RESOLUTION
Declaring April 1 as "Legislative Day at Six Flags"; and for other purposes.
WHEREAS, Six Flags Over Georgia has entertained the members of the General Assembly and their families on a special day each year for the past several years; and
WHEREAS, the officers of Six Flags Over Georgia have again ex tended the members of the General Assembly and their families an in vitation to visit Six Flags on April 1 of this year; and
WHEREAS, the park has been expanded, and it now includes many new and exciting amusement devices; and
WHEREAS, Six Flags has proven to be one of the most successful tourist attractions in the State of Georgia.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that April 1, 1972, is hereby declared to be "Legislative Day at Six Flags".
BE IT FURTHER RESOLVED that the members of this Body do hereby express their sincere appreciation to the officers and employees of Six Flags Over Georgia for their gracious hospitality over the years.
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 chief executive officer of Six Flags Over Georgia. Referred to the Committee on Rules.

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HR 849. By Messrs. Collins of the 72nd, Reaves of the 71st, Russell of the 70th, Black of the 45th and Wheeler of the 57th:

A RESOLUTION

Creating the Agricultural Building Materials and Supplies Study Committee; and for other purposes.

WHEREAS, numerous materials and supplies are sold for agricul tural use within this State each year; and

WHEREAS, the citizens of this State spend substantial sums of money on these materials and supplies; and

WHEREAS, there are no standards and specifications currently in force to insure that certain materials and supplies will adequately serve the purpose for which they were purchased by the citizens of Georgia; and

WHEREAS, the members of this body are in need of information concerning standards and specifications for these materials and supplies so as to determine the need for legisaltion concerning these matters.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Agricultural Building Materials and Supplies 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 Speaker of the House of Representatives shall appoint one of the members of the Committee as Chairman thereof, and it shall be the duty of the Chairman so appointed to call and conduct meetings of the Committee. The Committee shall make a thorough investigation of the agricultural building materials and supplies which are currently sold or offered for sale within the State of Georgia and shall determine the need for legislation establishing stand ards for such materials and supplies or the regulation thereof. Said Committee shall be authorized to consult with such officials, organiza tions, associations, companies, and individuals as it deems necessary to effectively carry out its duties and responsibilities. Each member of the Committee shall be authorized to receive the expenses and allowances provide by law for legislative members of interim committees, but shall receive the same for not more than ten days unless additional days shall be authorized by the Speaker of the House. Any funds necessary to carry out the provisions of this Resolution shall come from funds ap propriated to, or otherwise available to, the legislative branch of govern ment. The Committee shall make a report of its findings and recommen dations to the regular 1973 session of the General Assembly and shall stand abolished as of the day the General Assembly convenes in regular session in 1973.
Referred to the Committee on Rules.

THURSDAY, FEBRUARY 24, 1972

1939

HR 850. By Messrs. Longino of the 98th, Jordan of the 74th, Northeutt of the 21st, Ham of the 33rd and others:

A RESOLUTION

Urging the Attorney General of the State of Georgia to conduct an investigation to determine whether the bank holding company laws of this State are being violated; and for other purposes.

WHEREAS, there has been considerable controversy concerning al leged violations of the bank holding company laws of the State of Georgia; and

WHEREAS, it is the desire of the members of this Body to compel compliance with the bank holding company laws of this State and to prohibit unlawful violations thereof.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby respectfully request the Attorney General of the State of Georgia to conduct a thorough in vestigation into alleged violations of the bank holding company laws of this State and to take such legal action as he deems appropriate to com pel compliance with the laws in the event he finds such allegations to be true.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to forward an appro priate copy of this Resolution to the Attorney General of the State of Georgia.
Referred to the Committee on Rules.

HR 851. By Messrs. Smith of the 89th, Patten and Matthews of the 63rd and others:
a A RESOLUTION
Urging Congress to enact surface transportation legislation; and for other purposes.
WHEREAS, present and future needs of the United States for a stable and an expanding economy require the smooth functioning of a balanced surface transportation system, making the best possible use of all modes--rail, highway and water; and
WHEREAS, the demand for freight transportation is growing three times as fast as the population and will double by 1985; and
WHEREAS, today the surface transportation industry has serious financial difficulties and a weakened transportation system retards eco nomic growth throughout the country, undermines the efficiency of in dustrial and agricultural production, unnecessarily increases production

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costs, feeds inflation, and handicaps the nation's ability to compete in foreign markets; and

WHEREAS, existing federal policies relating to regulation and fi nancing of surface transportation are outdated and have impeded the progress and health of the transportation industry; and

WHEREAS, there is now pending before the Congress the Surface Transportation Act of 1971, which is a proposal designed to restore and maintain the financial soundness and health of surface transportation, encourage investment, improve competitive balance among and within its various modes and at the same time also improve the process of gov ernment regulation; and

WHEREAS, hearings have begun before committees of Congress on surface transportation legislation.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that this Body does hereby urge the Congress of the United States to enact legislation with provisions for updating regulation and extending limited financial assistance to the nation's sur face transportation modes--rail, highway and water.

BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit appropri ate copies of this Resolution to the President of the United States and to each Senator and Representative from the State of Georgia in the Congress of the United States.
Referred to the Committee on Rules.

HR 852. By Messrs. Hill of the 94th, Evans of the 81st, Thompson of the 85th, Mulherin of the 78th and others:
A RESOLUTION
Creating the Development and Progress of Minority Enterprises Study Committee; and for other purposes.
WHEREAS, in recent years the development and progress of mi nority business enterprises has become an object of national concern and attention; and
WHEREAS, the necessity for the development of minority enter prises is now recognized as essential to the economic viability of this country and the State of Georgia and its minority citizens; and
WHEREAS, inadequate data is currently available to elected offi cials and public generally which is concerned about the status of minority economic enterprises in Georgia; and
WHEREAS, continued progress and development is predicated upon

THURSDAY, FEBRUARY 24, 1972

1941

an informed electorate and an informed business community on the pres ent status of minority economic developments in Georgia; and

WHEREAS, it is desirable that the focal point of minority eco nomic development in Georgia be instituted by Georgians; and

WHEREAS, the nature, extent and progress being made and which can be made in the area of minority business enterprises in Georgia is subject to acquisition and compilation by members of the Georgia Gen eral Assembly.
\
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Development and Progress of Minority Enterprises Study Committee which shall be composed of seven members of the House of Representatives appointed by the Speaker thereof. It shall be the duty of the Committee to develop information relative to the development of minority enterprises in Geor gia, and said Committee shall be authorized to hold hearings and under take such other activities as may be necessary or desirable in carrying out such duty.

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 but shall receive the same for not more than 15 days unless additional days are authorized by the Speaker of the House. The funds necessary to carry out the provisions of this Reso lution shall come from funds appropriated or otherwise available to the legislative branch of government.

BE IT FURTHER RESOLVED that the Committee shall make a report of its findings and recommendations to the General Assembly by not later than the date the 1973 regular session convenes, and on said date said Committee shall stand abolished.
Referred to the Committee on Rules.

HR 853. By Mr. Northcutt of the 21st:
A RESOLUTION
Creating the Asbestos and Fiberglass Industrial Health and Safety Study Committee; and for other purposes.
WHEREAS, asbestos and fiberglass pose serious health problems and hazards for persons working with or around fiberglass or asbestos, or coming in contact therewith; and
WHEREAS, uncontrolled or inadequately controlled asbestos and fiberglass pose a serious danger to the health of the general population of the State; and
WHEREAS, these materials are widely used in construction and

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many other uses are made of these materials, which bring them in prox imity to numerous citizens of this State.

NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that there is hereby created the Asbestos and Fiberglass Industrial Health and Safety Study Committee to be com posed of seven members of the House of Representatives, to be ap pointed by the Speaker of the House of Representatives. The Speaker of the House shall appoint one of the members as chairman of the com mittee, and it shall be the duty of the person so appointd to call and conduct meetings of the committee. The committee shall make a system atic and thorough study of industrial health and safety problems, haz ards and possible solutions relative to asbestos and fiberglass. Said committee shall coordinate its work and studies with any similar com mittee created by the Senate and shall be authorized to consult with such officials, organizations, associations, governmental bodies, and in dividuals as it deems necessary to effectively carry out its duties and responsibilities. Each member of the committee shall be authorized to receive the expenses and allowances provided by law for legislative members of interim committees, but shall receive the same for not more than ten days unless additional days are authorized by the Speaker of the House. Any funds necessary to carry out the provisions of this reso lution shall come from funds appropriated or otherwise available to the legislative branch of government. The committee shall make a report of its findings and recommendations to the regular 1973 session of the General Assembly and shall stand abolished as of the day the General Assembly convenes in regular session in 1973.
Referred to the Committee on Rules.

HR 854. By Mr. Cook of the 95th:
A RESOLUTION
Creating the Driver Education Study Committee; and for other purposes.
WHEREAS, it is almost uniformly accepted that a course in driver education should be offered in each and every public high school in this State; and
WHEREAS, it is also equally recognized that these courses should become such a part of the curriculum of such high schools that they should be made available to all students of driving age; and
WHEREAS, it is a perplexing problem to find the necessary funds to institute such a program of driver education; and
WHEREAS, the General Assembly should devote its time and ener gies toward solving this perplexing problem.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF

THURSDAY, FEBRUARY 24, 1972

1943

REPRESENTATIVES that there is hereby created the Driver Educa tion Study Committee to be composed of two members of the Appropri ations Committee, two members of the Ways and Means Committee, two members of the Education Committee, and two members of the Mo tor Vehicles Committee, all of whom shall be appointed by the Speaker. Said Committee shall additionally be composed of two lay members to be appointed thereto by the Speaker of the House of Representatives. Such laymen shall receive no compensation, per diem, expenses or al lowances for their services on the Committee. The Committee shall make a thorough and exhaustive study into all possible ways and means of financing a driver educational program in each and every public high school in this State. The Committee shall make a report of its findings and recommendations to the 1973 Session of the General Assembly, at which time it shall stand abolished.
Referred to the Committee on Rules.

The following Resolution of the House was taken up for the purpose of con sidering the Senate substitute thereto:

HR 626-1463. By Messrs. Ware, Mullinax, Knight and Potts of the 30th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Troup County to assess and collect license fees and taxes from all persons, firms and corporations main taining a place of business in said county outside the corporate limits of municipalities located therein; and for other purposes.

The following Senate substitute was read:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Troup County to assess and collect license fees from all persons, firms and corporations maintaining a place of business in said county outside the corporate limits of any municipality located therein; to provide for the submission of this amendment for ratifica tion or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section IV, Paragraph I of the Constitution is hereby amended by adding at the end thereof the following:
"The governing authority of Troup County shall be authorized to assess and collect license fees from all persons, firms and cor porations maintaining a place or places for the transaction of busi ness in any area of said county outside the incorporated limits of any municipality located therein; to classify businesses and business enterprises carried on within such places of business, and to assess

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different license fees against different classes of such businesses; and to license and regulate pawnbrokers located in such areas."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to authorize the governing authority of Troup County to assess
( ) NO and collect license fees from all persons, firms and corporations maintaining a place of business in said county outside the corporate limits of any munici pality located therein?"

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 in said Paragraph of the Con stitution, it shall become a part of the Constitution of this State.

Mr. Ware of the 30th moved that the House agree with the Senate substitute.

On the motion, the ayes were 103, nays 0.

The motion prevailed and the Senate substitute to HR 626-1463 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolutions of the House were taken up for consideration and read the third time:

HB 1155. By Messrs. Thomason of the 77th, Isenberg and Leggett of the 67th, Bennett of the 81st and others:
A Bill to be entitled an Act to amend Code Title 30, relating to divorce and alimony, as amended, so as to completely and exhaustively revise, amend and supersede the laws of this State relating to divorce, alimony and support of minors; and for other purposes.

Mr. Roach of the 10th moved that HB 1155 and all substitutes and amend ments thereto be placed on the table.

On the motion, the roll call was ordered and the vote was as follows:

THURSDAY, FEBRUARY 24, 1972

1945

Those voting in the affirmative were Messrs.:

Adams, Marvin Alexander, W. H. Alien Black Bohannon Brantley, H. H. Brantley, H. L. Bray Chappell Conger Dailey Daugherty Dorminv Floyd, J.H. Eraser Grahl Grantham Greer Groover Ham Harris, J. F. Hudson, C., M.

Hudson, Ted Jessup Johnson Jones, Herb
Jordan Keyton Knowle? Lane Larsen, W. W.
Lee, W. J. (Bill) Lewie Logan Longino Lowrey Maxwell McCracken McDonald Nessmith Northcutt Oxford Patterson

Peters Phillips, G. S. Phillips, L. L. Poole Potts Rainey Roach Rush Russell, H. P. Salem Savage Shanahan Toles Triplett Tripp Turner Vaughn Wamble Wheeler, J. A. Williams Wood, J. T.

Those voting in the negative were Messrs.

Adams, John Alexander, W. M. Atherton Battle Bell Bennett Berry Bond Bostick Bowen Brown, B. D.
Brown, C. Brown, S. P. Buck Burruss Carter Cheek Clements 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 Edwards Egan Evans Farrar Felton Floyd, L. R. Gary Geisinger Gignilliat Griffin Harrison Hays Hill, B. L. Hood Horton Housley Howard Hutchinson Isenberg Jones, J. R. King Knight

Kreeger Lane, Dick Larsen Lee, W. S. Leggett Levitas Marcus Mason Merritt Miles Miller Morgan Moyer Mulherin Mullinax Noble Nunn Odom Patten Pearce Phillips, W. R. Pinkston Reaves Ross Russell, A. B. Russell, W. B. Scarborough

1946
Shepherd Sherman Sims Smith, H. R. Snow

JOURNAL OF THE HOUSE,

Sorrells Stephens Thomason, L. W. Thompson, A. W. Townsend

Ware Wheeler, Bobby Whitmire Wilson Wood, R. E.

Those not voting were Messrs.:

Adams, G. . Barfield Bennett, J. T., Jr. Blackshear Busbee Carr Chance Chandler Cole Collins, M. Drury Ezzard

Gaynor Granade Gunter Hamilton, Mrs. C. Harrington Hawes Hill, G. Howell Lambert Matthews, C. Matthews, D. R. Mauldin

McDaniell Melton Milford Moore Murphy Pickard Smith, J. R. Smith, W. T. Strickland Sweat Mr. Speaker

On the motion, the ayes were 64, nays 96.

The motion was lost.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend Code Title 30, relating to divorce and alimony, as amended, so as to completely and exhaustively revise, amend and supersede the laws of this State relating to divorce, alimony and support of minors; to provide for the granting of divorces and the procedures in connection therewith; to provide for petitions; to provide for residence requirements; to provide for factual bases upon which divorce shall be granted; to provide for the transfer of property and the effect of a lis pendens notice; to provide for the application of general rules of procedure; to provide for the effect of a divorce; to provide for restoration of the name which the wife bore at the time of her last marriage; to pro vide for the custody of children; to abolish certain defenses; to provide for definitions; to provide alimony and proceedings to obtain both tem porary and permanent alimony; to provide for attorneys' fees; to pro vide for revision and enforcement of orders; to provide for issues on applications for temporary alimony; to provide for support, custody and alimony of children; to provide for permanent alimony and factors in determining the amount of such alimony; to provide for the effects of remarriage; to provide for appeals; to provide for practice, pleading and procedure; to provide for necessaries and liability therefor; to pro-

THURSDAY, FEBRUARY 24, 1972

1947

vide for the effect of permanent alimony upon estates; to provide for revisions of judgements for permanent alimony; to provide for expenses of litigation; to provide for alimony where divorces are granted by for eign courts and the alimony and support of children whose custody is awarded by foreign courts; to provide for support orders; to provide for severability; to provide for an effective date; to provide for repeals of certain specific Acts; to provide for other matters relative to the fore going; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

Section 1. The Code of Georgia of 1933 is hereby amended by strik ing1 Code Title 30, relating to divorce and alimony, as amended, in its en tirety and inserting in lieu thereof a new Code Title 30, to read as follows:

"TITLE 30.
DIVORCE AND ALIMONY.
CHAPTER 30-1. DIVORCE
30-101. Divorces, how granted.--Divorces in proper cases may be granted by the superior court. The judge shall hear and determine all issues of law and fact in all petitions for divorce. Provided, how ever, upon demand of either party, all questions of permanent ali mony, permanent custody of children, and division of property shall be determined by a jury.
30-102. Petition.--A proceeding for divorce shall be commenced by written petition and process, said petition being verified by the petitioner and entitled 'In re the marriage of ------------------------------, husband, and ------------------------------, wife'. The petition shall show (1) the residence or last known address of the respondent, (2) that the petitioner meets the residence requirements for bringing a pro ceeding for divorce or that the respondent meets such requirements, (3) the date of the marriage and the date of the separation, (4) whether or not there are any minor children of the parties and the name and age of each minor child, (5) the reason for which a divorce is sought, and (6) where alimony, support or a division of roperty is involved, the property and earnings of the parties if such is known.
30-103. Residence.--No court shall grant a divorce to any per son who has not been a bona fide resident of the State for a period of three months immediately prior to the filing of the petition for di vorce, but any person who has been a resident of any United States Army post or military reservation within the State of Georgia for one year next preceding the filing of the petition may bring a pro ceeding for divorce in any county adjacent to said United States Army post or military reservation. A nonresident of Georgia may bring a proceeding for divorce in the county of residence of the re spondent, provided the respondent shall have been a resident of Georgia and the county in which the proceeding is brught for a pe-

1948

JOURNAL OF THE HOUSE,

riod of three months immediately prior to the filing of the petition for divorce.

30-104. Factual basis for divorce.-- (a) No judgment of divorce shall be granted unless one of the following facts appears, which facts shall be pleaded generally:

(1) The marriage is irretrievably broken;

(2) Mental illness of one of the parties; mental illness for this purpose is defined as a severe mental disorder that requires involun tary commitment and certification as such under Chapter 88-5 or commitment for one year in an approved mental institution under
Chapter 88-5. The court shall insure that the legal rights of the respondent are protected as under Chapter 88-5.

(b) Based on the evidence at the hearing, which evidence need not be corroborated except to establish that the residence require ments of Section 30-103 are met, the court shall dispose of the pe tition for divorce as follows when the petition is based on the alle gation that the marriage is irretrievably broken:

(1) If there are no minor children of the marriage and if the respondent does not deny, by answer to the petition for divorce, that the marriage is irretrievably broken, the court shall enter a judgment of divorce if the court finds that the marriage is irretriev ably broken, after hearing the evidence.

(2) Where there are minor children of the marriage or where the respondent denies, by answer to the petition for divorce, that the marriage is irretrievably broken, the court may:

(A) Order either or both parties to consult with a marriage counselor, a psychologist or psychiatrist, a minister, priest or rabbi, or any other person deemed qualified by the court and acceptable to the party or parties ordered to seek consultation; or
(B) Continue the proceedings for a reasonable length of time, not to exceed three months, to enable the parties themselves to ef fect a reconciliation.
If, at any time, the court finds that the marriage is irretriev ably broken, the court shall enter a judgment of divorce. If the court finds that the mariage is not irretrievably broken, it shall deny the petition for divorce.

(c) During any period of continuance the court may make ap propriate orders for the support and alimony of the parties, the custody, support, maintenance and education of the minor children of the marriage, attorneys' fees, and may make such other appropri
ate temporary orders as appears to the court to be necessary for the protection of the persons of the parties and their children and for the preservation of the property or property rights of the parties.

THURSDAY, FEBRUARY 24, 1972

1949

30-105. Transfer of property after petition for divorce filed; ef fect of lis pendens notice.--After a petition for divorce has been filed, no transfer of the property of the parties by either party, ex cept in payment of bona fide preexisting debts, shall pass title so as to avoid the vesting thereof according to the final judgment or order in the cause; provided, however, that the title to real prop erty shall not be affected by the filing of a petition for divorce un less there shall have been filed in the office of the clerk of the su perior court of the county where such real property is situated, and recorded by such clerk in a book kept by him for that purpose, a notice of lis pendens as provided for by an Act providing for the filing of a lis pendens, approved February 21, 1939 (Ga. Laws 1939, p. 345).

30-106. Application of general rules of procedure.--The same rules of pleading and practice applicable to ordinary civil actions shall apply to actions for divorce, alimony and custody of minor children, except as otherwise specifically provided herein.

30-107. Effect of divorce.--A divorce shall annul the marriage from the time of its rendition, but in no case of divorce shall the issue of the marriage be rendered illegitimate.

30-108. Name of wife changed; when.--In all divorce cases the wife may pray in her petition or pleadings for the restoration of a former name, and, in the event a divorce shall be granted the judg ment therein rendered may restore such name to her.

30-109. Custody of children.--In all cases in which a petition for divorce is pending or has been granted the court may issue such orders relative to the custody of the minor children of the marriage as shall be in the best interest of said children. The court shall have the authority to award custody of the minor children of the mar riage to either party or to make a different disposition of the child or children, placing them, if necessary, in the possession of guardians appointed by the court. In all cases of custody of the minor children of a marriage the best interest of the child or children shall be the primary consideration upon which the court shall base its order or orders. In all such cases and in cases where a change in custody is sought if a child is of sufficient age and capacity to reason so as to form an intelligent preference as to custody, the court shall con sider and give due weight to his wishes in making an award of custody or modification thereof except if the child has reached the age of 14 years, and such selection shall be controlling unless the parent so selected is determined not to be a fit and proper person to have the custody of said child.

30-110. Certain defenses abolished.--The defenses of condona tion, collusion, renewed cohabitation, recrimination and laches are hereby abolished.

CHAPTER 30-2. ALIMONY. 30-201. Definition. Permanent and temporary.--Alimony is an

1950

JOURNAL OF THE HOUSE,

allowance out of the estate of either party made for the support of the other party when living apart. Alimony may be either tem porary or permanent.
30-202. Proceedings to obtain temporary alimony.--Whenever an action for divorce, at the instance of either party, or a suit by either party for permanent alimony, shall be pending, either party may apply to the presiding judge of the court, for an order grant ing temporary alimony to the party pending the divorce proceeding. After hearing both parties and the evidence as to the circumstances of both parties and the fact of marriage, the court may grant an order allowing such temporary alimony to either party. The order allowing such temporary alimony may also make provision for the expenses of the divorce proceeding, as the facts of the case and the condition of the parties may justify.
30-203. The grant of attorneys' fees as a final judgment.--The grant of attorneys' fees as a part of the expenses of the divorce promeeding made at any time during the pendency of the proceeding, whether for alimony, divorce and alimony, or contempt of court aris ing out of either an alimony proceeding or a divorce and alimony proceeding, shall be a final judgment as to the amount granted, whether the grant is in full or on account. Such grant may be en forced by attachment for contempt of court or by writ of fieri facias, whether the parties subsequently reconcile or not. Nothing contained in this Section shall be construed to mean that at torneys' fees shall not be awarded at both the temporary hearing and the final hearing.

30-204. Revision and enforcement of orders allowing alimony.-- Any order allowing alimony shall be subject to revision by the court at any time, and may be enforced either by writ of fieri facias or by attachment for contempt against the person of the property ordered to pay such alimony. A failure to comply with the order shall not deprive the party who fails to comply of the right to ap pear and be heard in the divorce proceeding.

30-205. Merits not in issue on application for temporary ali mony.--On an application for temporary alimony, the merits and facts of the proceeding are not in issue, though the judge may in quire into the cause and circumstances of the separation rendering the alimony necessary. In fixing the amount of such alimony the judge may refuse to grant temporary alimony in his discretion.

30-206. Support and custody of children pending divorce pro ceedings.--In all proceedings for divorce the presiding judge may grant alimony or decree a sum sufficient for the support of the minor children of the marriage to be paid by either party to the proceeding. The judge may also hear and determine the question of which party shall be entitled to the care and custody of the children pending the divorce proceeding.

30-207. Alimony for children upon the granting of a divorce.-- If a divorce shall be granted the court may specify, in providing

THURSDAY, FEBRUARY 24, 1972

1951

permanent alimony for either party, the amount which the minor children shall be entitled to for their permanent support, and in what manner, how often, to whom, and until when such amounts shall be paid. When such support is granted the party who is to pay such support shall not be liable to third persons for necessaries furnished to the children.

30-208. Permanent alimony; factors in determining amount; ef fect of remarriage.--Permanent alimony may be provided for either party following the granting of a divorce, or from the corpus of the estate or otherwise, according to the condition of the party order to pay such permanent alimony. In all cases where alimony is to be awarded the separate estate and earning capacity of the party to whom alimony is to be paid, as well as any fixed liabilities for the support of minor children, shall be taken into consideration in fix ing the amount of alimony. In determining a proper award of alimony, the judge or jury may consider any factor necessary to do equity and justice between the parties. All obligations for per manent alimony to a party, whether created by contract, verdict, judgment, order or decree, the time for performance of which has not yet arrived, shall cease upon the remarriage of such party un less otherwise provided in the order or decree.

30-209. Permanent alimony; when granted.-- (a) Permanent alimony may be granted in the following cases:

(1) In cases of divorce as provided in Chapter 30-1;

(2) In cases of voluntary separation; and

(3) Where a party, coerced to leave against the will of such party, shall either be abandoned or coerced to leave by said party's spouse.

(b) When agreed to by both parties and approved by the court where alimony is being sought in cases of voluntary separation or abandonment a party may make an adequate provision for the sup port and maintenance of the spouse, by deed, consistent with the means of said party and the former circumstances of the spouse. Such provision for support and maintenance shall be a bar to the right of the spouse to permanent alimony.

(c) In the absence of a provision for support and maintenance, equity may compel a party to make such provision for the support of his spouse and such minor children as may be in the custody of the spouse, upon application of the spouse.

30-210. Proceeding for alimony before the judge when no pro ceeding for a divorce is pending.--When a husband and wife shall be living separate, or shall be in a bona fide state of separation, and there shall be no proceeding for divorce pending, either party may institute a proceeding on behalf of such party and the minor children of the parties. Such proceeding shall be instituted by pe tition which shall fully set forth the case of such party. Upon five

1952

JOURNAL OF THE HOUSE,

days' notice to the spouse of said party, the judge may hear the same in term time or vacation and grant such order as he might grant were it based on a pending petition for divorce, to be en forced in the same manner, together with any other remedy appli cable in equity. Such proceeding shall be in abeyance when a peti tion for divorce shall be filed by either party and the presiding judge shall have made his order on the motion for alimony. When so made such order shall be a substitute for the decree in equity for as long as said petition shall be pending and shall not be finally disposed of on the merits.

30-211. Appeals and proceedings thereon.--The judgments of the judges of the superior court in cases enumerated in this Chap ter, whether at law or in equity, shall be the subject of apeals on the same terms as are prescribed in other cases.

30-212. Liability to third persons for necessaries.-- (a) Until provision shall be made for the support and maintenance of a party and the minor children of the marriage, voluntarily or by decree or order of the court, both parties shall be liable to third persons for the board and support of the party's spouse and for all necessaries furnished to the spouse or for the benefit of the children of the marriage in the custody of the spouse.

(b) When permanent alimony has been granted, the party who has been ordered to pay such alimony shall cease to be liable for any debt or contract of the spouse or former spouse and the property of the party ordered to pay such alimony which is set apart for the support of the spouse or former spouse shall not be subject to the debts or contracts of such party as long as such party shall live.

30-213. Subsequent cohabitation; effect as to permanent ali mony.--The subsequent voluntary cohabitation of the parties shall annul and set aside all provisions made for permanent alimony, whether made by deed, order, or decree. The rights of children under any order of separation or voluntary provision or decree for alimony shall not be affected thereby.

30-214. Interest in the estate of a party after permanent ali mony has been granted.--After permanent alimony has been granted the party to whom permanent alimony is paid shall not be entitled to any further interest in the estate of the party paying such per manent alimony in such party's right as a spouse, but such per manent provision shall be continued to such party or a portion of the estate equivalent thereto shall be set apart to such party.

30-215. Attorneys' fees on attachment for contempt for failure to pay alimony.--In all cases where alimony has been awarded to
any party or to any children against any party in any suit for divorce or for alimony without divorce, and such party shall have failed to pay such alimony and shall be cited for contempt before the court for having failed to make payment of such alimony, if upon the hearing of such proceedings it is found that the party has failed to pay the alimony awarded against such party, either tern-

THURSDAY, FEBRUARY 24, 1972

3953

porary or permanent, for no justifiable reason, the court shall award to the attorney for the party to whom such alimony was to have been paid or to the children or to the party and the children in such proceedings, a reasonable fee against the party who shall have failed to pay such alimony, to be enforced as any award of at torneys' fees may be enforced in any proceeding for divorce and ali mony or for alimony alone.

30-216. Revision of judgment for permanent alimony; grounds; petition; hearing.--The judgment of a court providing permanent alimony for the support of a party or a child or children, or both, shall be subject to revision upon petition filed by either the husband or the wife showing a substantial change in the income and financial status of the party ordered to pay permanent alimony. Such peti tion shall be filed and returnable under the same rules of procedure applicable to divorce proceedings. Such petition shall be filed in the county in which proper venue lies. No petition may be filed by the party within a period of two years from the date of the filing of a previous petition by the party. After hearing both parties and the evidence, the judge may modify and revise a previous judgment so as to provide for the party or child or children, or both, in ac cordance with the changed income and financial status of either party if such a change in the income and financial status of either party is satisfactorily proved, so as to warrant such modifica tion and revision. In the hearing upon the petition filed as pro vided herein, testimony may be given and evidence introduced rela tive to the income and financial status of either party.

30-217. Revision proceeding applicable only to judgments for periodic payments.--Such an application, as authorized by Section 30-216, can be filed only where a party has been ordered by the final judgment in an alimony, or a divorce and alimony proceeding, to pay permanent alimony in weekly, monthly, annual, or similar periodic payments, and not where an award from the corpus of such party's estate in lieu of such periodic payment has been granted.
30-218. Expenses of litigation.--Where an application auth orized by Section 30-216 is filed, the court may require either party to pay reasonable expenses of litigation as may be incurred by the opposite party, either for the party or the child or children, or both, in the defense thereof.
30-219. Application for alimony where divorce is granted by a foreign court.--Whenever any husband or wife shall obtain a di vorce from his or her spouse in any foreign country or in any other state of the United States of America at a time when the spouse was a resident of this State, and in which action the spouse was served constructively but did not appear, plead or otherwise waive jurisdiction of the foreign court and in which the spouse was not personally served with petition and process, the spouse may apply by petition to the superior court in the county where such spouse resides, at any time subsequent to the granting of said foreign divorce decree, for an order and judgment for permanent alimony for the support of the spouse and the child or children of the parties, if any. Said permanent alimony action shall be filed, pleaded

1954

JOURNAL OF THE HOUSE,

and tried as if no divorce decree had been entered regardless of whether said foreign decree may be entitled to full faith and credit in dissolving the marriage; provided, however, that if the party obtaining the foreign divorce decree shall become a resident of
Georgia such action shall be brought in the county of such party's residence.

30-220. Alimony for support of a child whose custody is awarded by the foreign court.--The procedure provided by Section 30-219 shall not be available for the support of any child or children whose custody and support was legally adjudicated in the foreign court, unless the custody of such child or children shall subsequently be awarded to either the husband or wife by a court having juris diction of the parties.

30-221. Procedure.--The petition provided for by Section 30219 shall be served upon the spouse as in actions for permanent
alimony and shall be heard by the judge. The judgment shall be reviewable as in other cases. Such order or judgment shall likewise be subject to modification in the event of a change in the income
or financial status of the person ordered to pay such alimony under the same laws, terms and conditions as are now provided for in cases of permanent alimony.

CHAPTER 30-3. SUPPORT OF MINORS.
30-301. Support order against a party where custody is awarded to another subsequent to a divorce decree; service; procedure; modi fication of order.--Whenever the custody of a minor child or chil dren shall have been lawfully awarded by any court having juris diction thereof, to any person other than the parents of said chil dren, at any time subsequent to the rendition of a final divorce de cree between the father and mother of said children, which decree contains no specific provisions binding the parents, or either of them for the support of such child or children, the person to whom the custody of such child or children shall be awarded may apply, by petition, to the judge of the superior court in the county where the parents, or either of them, of said child or children shall reside for an order and judgment fixing the amount of support money that the parents, or either of them, shall provide in order to fulfill their natural duty to supply the necessaries of life for such child or children. The procedure herein provided for shall be available in cases wherein either the mother or the father of said children is the petitioner, notwithstanding the fact that the divorce decree and judgment may have been rendered in favor of the spouse. The order and judgment of the court shall remain in effect except as limited by its own restrictions, and the provisions of this Section, so long as the petitioner remains in lawful custody of said child or children, and until they become of age. Execution may be granted to the petitioner for any sums past due under such order and judg ment in accordance with procedures now existing in cases for judgof alimony. Such petition shall be served upon the party from whom support money is sought and heard before the judge. The judgment shall be reviewable as in other cases. Such order or judg-

THURSDAY, FEBRUARY 24, 1972

1955

ment shall likewise be subject to modification in the event of a change in the income of the father or mother of said child or chil dren, under the same terms and conditions as now provided for in cases of permanent alimony for the support of children granted in connection with the rendition of a final decree in divorce cases."

Section 2. In the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitu tional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall re main of full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional were not originally a part hereof. The General Assembly hereby de clares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

Section 3. This Act shall become effective on July 1, 1972, and the provisions of this Act shall apply to all divorces and proceedings for divorces instituted on or after said date .

Section 4. An Act providing for the payment of attorneys' fees in all citations for contempt in divorce suits or alimony suits, approved March 27, 1947 (Ga. Laws 1947, p. 292), is hereby repealed in its en tirety.

Section 5. An Act authorizing a judgment of the court providing permanent alimony for the support of a wife, or child, or children, or both, to be revised, approved March 9, 1955 (Ga. Laws 1955, p. 630), as amended, is hereby repealed in its entirety.

Section 6. An Act to provide for an award of permanent alimony for the support of the wife and child or children. Approved March 24, 1965 (Ga. Laws 1965, p. 263), is hereby repealed in its entirety.

Section 7. An Act providing for the fixing of support to be paid by the father of minor children where a divorce decree contains no pro visions governing the same and custody of the children is awarded to a third party or to the mother subsequent to the divorce decree, ap proved March 21, 1958 (Ga. Laws 1958, p. 204), is hereby repealed in its entirety.

Section 8. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendment was read:
Mr. Howard of the 117th moves to amend the Committee substitute to HB 1155 by striking the caption and Section 1 thereof and by substi tuting the following in lieu thereof:
"A Bill to be entitled an Act"

1956

JOURNAL OF THE HOUSE,

To amend Code Title 30, relating to divorce and alimony by adding to Section 30-102 the following ground:

"(13) The marriage is irretrievably broken."

Be it enacted by the General Assembly of Georgia:

Section 1. Georgia Code Section 30-102 is amended by adding the following:

"13. The marriage is irretrievably broken."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Alexander, W. H. Black Bohannon Bond Brantley, H. H. Brown, B. D. Chandler Chappell Cheeks Cole Collier Conger Dailey Daugherty Dean, J. E. Dean, N. Edwards Egan Floyd, J. H. Floyd, L. R. Fraser Gary Grantham

Groover Ham Hamilton Harrington Harris Hill, B. L. Howard Howell Hudson, C. M. Hudson, Ted Jessup Johnson Jordan Knowles Kreeger Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lewis Logan Longino Lowrey Mauldin

McDaniell Miles Milford
Murphy Northcutt
Oxford Patterson Peters Poole Potts
Roach Salem Smith, H. R. Toles Townsend Triplett
Tripp Turner Vaughn
Wheeler, J. A. Whitmire Williams
Wood, J. T.

Those voting in the negative were Messrs.

Adams, John Adams, Marvin Alexander, W. M. Atherton Battle Bell

Bennett, Tom Bostick Bowen Brantley, H. L. Bray Brown, C.

Brown, S. P. Carter Chance Clements Collins, S. Colwell

Coney, G. D. Coney, J. L. Connell Cook Davis, E. T. Davis, W. Dean, Gib Dixon Dorminy Evans Farrar Felton Geisinger Gignilliat Grahl Griffin Harrison Hawes Hays Hood Horton Hutchinson Isenberg Jones, J. R.

THURSDAY, FEBRUARY 24, 1972

1957

Keyton King Knight Lane, Dick Larsen, G. K. Lee, W. S. Leggett Le vitas Marcus Mason Maxwell McCracken McDonald Merritt Miller Morgan Moyer Mulherin Mullinax Noble Nunn Odom Patten Pearce

Phillips, G. S. Phillips, W. R. Pinkston Rainey Reaves Ross Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Snow Sorrells Sweat Thomason Thompson Wamble Ware Wheeler, Bobby Wood, R. E.

Those not voting were Messrs.:

Adams, G. D. Alien Barfield Bennett, J. T., Jr. Berry Blackshear Buck Burruss Busbee Carr Collins, M. Dent

Drury Ezzard Gaynor Granade Greer Gunter Hill, G. Housley Jones, Herb Lambert Matthews, C. Matthews, D. R.

Melton Moore Nes smith Phillips, L. L. Pickard Rush Smith, J. R. Smith, V. T. Stephens Strickland Wilson Mr. Speaker

On the adoption of the amendment, the ayes were 69, nays 90.

The amendment was lost.

Mr. Edwards of the 45th stated that he had inadvertently voted "aye" when the roll was called on the adoption of the amendment to HB 1155, but had in tended to vote "nay".

1958

JOURNAL OF THE HOUSE,

The following amendments were read and adopted:

Mr. Larsen of the 113th moves to amend the Committee substitute to HB 1155 as follows:
By adding to the end of the sentence ending with the word "date", on line 7 of page 16, the following:
", and to all proceedings commenced after its effective date for the modification of a judgment or order entered prior to the effec tive date of this Act".
Mr. Howard of the 117th moves to amend the Committee substitute to HB 1155 by adding in line 8 of page 5 after the word "filed" the words "and served".
Messrs. Lee of the 61st and Russell of the 77th move to amend the Committee substitute to HB 1155 by deleting the language commencing with the word "In" on line 15 of page 6 and ending with the word "child" on line 24 of page 6.
Messrs. Brown of the 81st and Morgan of the 23rd move to amend the Committee substitute to HB 1155 by adding on line 30 of page 7 after the word "court," the following "according to the provisions of Sections 30-216 of this Act";
by striking from said line on said page the words "at any time";
and by adding on line 18 of page 12 after the word "party" a comma, then the words "and only once in a 3 year period thereafter."
Messrs. Morgan of the 23rd and Brown of the 81st move to amend the Committee substitute to HB 1155 by adding the following to Section 30-207 after the word "children" on line 26:
"Provided, however, said support shall be cease when the other party relinquishes custody and control of said minor children or said minor children marry, become self-supporting or reach the age of majority unless otherwise provided by contract between the parties."
Mr. Morgan of the 23rd moves to amend the Committee substitute to HB 1155 by deleting the words "permanent custody of children" on line 18 of page 2.
Mr. Larsen of the 42nd moves to amend the Committee substitute to HB 1155 by adding to line 27 of page 6 as a part of the same sentence the following:
"provided that in cases of renewed cohabitation during the pendancy of a divorce action, no judgment shall be entered after re newal of cohabitation without reasonable notice to both parties to

THURSDAY, FEBRUARY 24, 1972

1959

the effect that the court will further consider the grant of divorce."

Mr. Felton of the 95th moves to amend the Committee substitute to HB 1155 by adding to line 15 of page 7, after the word "fees" the words "to either party".

An amendment, offered by Mr. Lee of the 61st, was read and withrdawn by unanimous consent.

An amendment, offered by Mr. Egan of the 116th, was read and withdrawn by unanimous consent.

The following amendments were read and adopted:
Mr. Snow of the 1st moves to amend the Committee substitute to HB 1155 by striking in Section 30-103 of page 3 and lines 5 and 16 the word "three" and by adding in lieu thereof the words "six".
Mr. Coney of the 118th moves to amend the Committee substitute to HB 1155 by striking Section 8 on page 16 and by inserting a new Sec tion 8 in lieu thereof to read as follows:
"Section 8. In any action or proceeding in which an appeal was pending or a new trial was ordered prior to the effective date of this Act, the law in effect at the time of the order sustaining the appeal or the new trial governs the appeal, the new trial, and any subsequent trial or appeal.";
and by renumbering the former Section 8 as Section 9 and by ad justing the caption accordingly.

An amendment, offered by Mr. Morgan of the 23rd, was read and lost.
The Committee substitute, as amended, was adopted.
The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the Speaker ordered the call of the roll, viva voce, and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams of 9th Alexander of 96th Atherton

Barfield Battle Bell

Bennett of 81st Berry Blackshear

1960

JOURNAL OF THE HOUSE,

Bond Bostick Bowen Brantley of 114th Brown of 32nd Brown of 81st Brown of 110th Buck Burruss Carter Chance Chandler Cheeks Clements Collier Collins of 72nd Coney of 82nd Coney of 118th Connell Cook Daugherty Davis of 75th Davis of 86th Dean of 13th Dean of 76th Dent Dixon Drury Edwards Egan

Evans Farrar Felton Floyd of 75th Gary Gaynor Geisinger Gignilliat Greer Griffin Hamilton Harrison Hawes Hays Hill of 94th Hood Horton Housley Hutchinson Isenberg King Knight Larsen of 113th Lee of 61st Leggett Le vitas Marcus Mason Matthews of 16th Merritt

Miller Morgan Moyer Mulherin Mullinax McDaniell Noble Nunn Oxford Patten Pearce Phillips of 38th Pinkston Reaves Ross Russell of 14th Russell of 77th Scarborough Sherman Snow Sorrells Stephens Sweat Thomason Thompson Townsend Ware Whitmire Wilson Wood of 75th

Those voting in the negative were Messrs.

Adams of 39th Adams of 100th Alexander of 108th Alien Berry Bohannon Brantley of 52nd Bray Busbee Chappell Cole Colwell Conger Dailey Dean of 19th Dorminy Ezzard Floyd of 7th Fraser Grahl Grantham

Groover Ham Harrington Harris Howard Howell Hudson of 28th Hudson of 48th Jessup Johnson Jones of 4th Jones of 87th Jordan Keyton Knowles Kreeger Lambert Lane of 44th Lane of 101st Larsen of 42nd Lee of 21st

Lewis Logan Longino Lowrey Maxwell Moore Murphy McCracken McDonald Nessmith Northcutt Odom Patterson Peters Phillips of 29th Phillips of 50th Poole Potts Rainey Roach Rush

THURSDAY, FEBRUARY 24, 1972

1961

Russell of 70th Salem Savage Shanahan Smith of 3rd Smith of 39th

Smith of 80th Toles Triplett Tripp Turner Vaughn

Wamble Wheeler of 18th Wheeler of 57th Williams Wood of llth

Those not voting were Messrs.:

Bennett of 71st Carr
Collins of 62nd Granade Gunter Hill of 97th

Matthews of 63rd Mauldin
Melton Miles Milford

Pickard Shepherd
Sims Strickland Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 99, nays 80).

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

Mr. Groover of the 27th served notice that at the proper time he would ask the House to reconsider its action in giving the requisite consittutional majority to HB 1155, by substitute, as amended.

HB 1475. By Messrs. Pearce and Buck of the 84th, Berry and Thompson of the 85th and King and Davis of the 86th:
A Bill to be entitled an Act to amend the "Fire Fighter's Mediation Act", so as to repeal the provisions exempting consolidated city-county governments from the provisions of this Act; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the 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

1962
Battle Bell Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements, C. Collier Collins, S. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Ezzard Floyd, J. H.
Floyd, L. R.
Fraser
Gaynor
Geisinger
Gignilliat
Grahl

JOURNAL OP THE HOUSE,

Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan King Knowles Kreeger Lambert Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C.
Maxwell
McDaniell
McDonald
Melton
Miles

Miller Moore Morgan, J. W. Moyer Mulherin Nessmith Noble Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Poole Rainey Reaves Roach Ross Rush Salem Savage Shanahan Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those voting in the negative were Messrs.:

Hudson, C. M. Mullinax

Potts

Ware

THURSDAY, FEBRUARY 24, 1972

1963

Those not voting were Messrs.:

Adams Barfield Bennett, J. T., Jr. Bennett, Tom Blackshear Cole Collins, M. Colwell Coney, G. D. Dean, J. E. Drury Egan Evans Farrar
Felton

Gary Hamilton Hill Keyton Knight Lane, Dick Lee, W. J. (Bill) Longino Matthews, D. R. Mauldin McCracken Merritt Milford Murphy

Northcutt Nunn Phillips, G. S. Pickard Pinkston Russell, A. B. Russell, H. P. Russell, W. B. Scarborough Shepherd Smith, J. R. Strickland Townsend Mr. Speaker

On the passage of the Bill, the ayes were 148, nays 4.

The Bill, having received the requisite constitutional majority, was passed.

HB 1393. By Messrs. Gunter of the 6th, Snow of the 1st, Lee of the 61st, Hawes of the 95th, Larsen of the 42nd, Moore of the 6th, Scarborough of the 81st and others:
A Bill to be entitled an Act to amend an Act to fix the salaries of the judges of the superior courts, so as to provide that the judges of the superior courts shall be authorized to employ secretaries; and for other purposes.

The following substitute, offered by Mr. Gunter of the 6th, was read and adopted:
A BILL
To be entitled an Act to amend an Act to fix the salaries of the judges of the superior courts, approved March 7, 1957 (Ga. Laws 1957, p. 273), as amended, so as to provide that the judges and district at torneys of the superior courts shall be authorized to employ secretaries; to provide for the duties, compensation, qualifications and tenure of said secretaries; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act to fix the salaries of the judges of the superior

1964

JOURNAL OF THE HOUSE,

courts, approved March 7, 1957 (Ga. Laws 1957, p. 273), as amended, is hereby amended by adding two new Sections to be designated as Sec tion IB and Section 1C, to read as follows:

"Section IB. Each superior court judge is hereby authorized to employ a secretary. Said secretary shall be compensated in an amount to be set by the superior court judge commensurate with industry salaries in the community for similar work. An amount not to exceed $6,000.00 per annum for the salary of the secretary as herein provided and fixed shall be paid in equal monthly in stallments by the State Treasurer from funds appropriated or otherwise made available for the operation of the superior courts. Secretaries employed hereunder shall possess such qualifications as shall be determined by the judge employing said secretary and shall serve at the pleasure of said judge. Said secretary shall perform such duties and services as shall be prescribed by the judge.

Section 1C. Each district attorney is hereby authorized to employ a secretary. Said secretary shall be compensated in an amount to be set by the district attorney commensurate with in dustry salaries in the community for similar work. An amount not to exceed $6,000.00 per annum for the salary of the secretary as herein provided and fixed shall be paid in equal monthly in stallments by the State Treasurer from funds appropriated or otherwise made available for the operation of the superior courts. Secretaries employed hereunder shall possess such qualifications as shall be determined by the district attorney employing said secretary and shall serve at the pleasure of said district at torney. Said secretary shall perform such duties and services as shall be prescribed by the district attorney."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle

Bell Black Bohannon Bond Bostick Bowen Brantley, H. H.

Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr

Carter Chance Chandler Chappell Clements Cole Collier Conger Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dixon Dorminy Edwards Evans Ezzard Farrar Felton Fraser Gary Gignilliat Grahl Granade Grantham Gunter Ham Harrington Harris Harrison Hawes Hays Hood Horton

THURSDAY, FEBRUARY 24, 1972

1965

Howard Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb 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. Maxwell McDaniell McDonald Melton Miller Moore Moyer Mullinax Nessmith Noble Nunn Odom

Oxford Patterson Patten Peters Phillips, W. R. Pinkston Poole Rainey Roach Ross Rush Russell, A. B. Salem Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Thomason Toles Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Adams, G. D., Jr. Collins, S. Coney, G. D. Coney, J. L. Floyd, L. R.

Geisinger, H. Hudson, C. M. Johnson Jones

Lane, Dick Phillips, L. L. Savage Tripp

Those not voting were Messrs.:

Barfield Bennett, J. T. Bennett, Tom Berry Blackshear

Brantley, H. L. Buck Cheeks Collins, M. Colwell

Connell Dean, J. E. Dean, N. Dent Drury

1966
Egan Floyd, J. H. Gaynor Greer Griffin Groover Hamilton Hill, B. L. Hill, G. Housley Howell Jordan Lane, W. J.

JOURNAL OF THE HOUSE,

Longino Matthews, D. R. Mauldin McCracken Merritt Miles Milford Morgan Mulherin Murphy North cutt Pearce Phillips, G. S.

Pickard Potts Reaves Russell, H. P. Russell, W. B. Sherman Strickland Thompson Townsend Triplett Ware Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 129, nays 13.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Dean of the 19th requested that he be recorded as having voted for the passage of HB 1393, by substitute.

Mr. Connell of the 79th stated that he had been called from the floor of the House when the roll was called on HB 1393, by substitute, but had he been present would have voted "aye".

By unanimous consent, HB 1393, by substitute, was ordered immediately transmitted to the Senate.

HB 1191. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act so as to provide for the filling of vacancies occuring on the Board of Commissioners of the Ordinaries' Retirement Fund 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:

THURSDAY, FEBRUARY 24, 1972

1967

Those voting in the affirmative were Messrs.

Adams, G. D., Jr. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T., Jr. Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Cole Collier Collins, S. Colwell Coney, J. L. Conger Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dixon Dorminy Drury Edwards Ezzard Farrar Felton
Floyd, J. H.
Floyd, L. R.
Fraser
Gary

Gaynor Geisinger Gignilliat Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C.
Maxwell
McCracken
McDaniell

McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Sweat Thomason Toles Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Williams
Wilson
Wood, J. T.
Wood, R. E. -

1968

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Bennett, Tom Berry Blackshear Buck Clements Collins, M. Coney, C. D. Connell Dean, J. E. Dent Egan Evans

Grahl Granade Hamilton Hill, G. Matthews, D. R. Mauldin Milford Murphy Pearce Peters Pickard Poole

Potts Ross Savage Scarborough Sherman Snow Strickland Thompson Townsend Ware Whitmire Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Connell of the 79th wished to be recorded as voting "aye" on HB 1191.

HB 1192. By Mr. Mason of the 13th: A Bill to be entitled an Act to amend an Act so as to change the pro visions relative to membership, terms of office and expenses of the Commissioners of the Ordinaries' Retirement Fund of Georgia; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. Adams, John Adams, Marvin Alexander, W. H. Alien Atherton Battle

Bell 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 Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Cook D alley Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gay nor Geisinger Gignilliat Grantham Greer Griffin Groover Ham Harrington Harris Harrison Hawes Hays Hood Horton

THURSDAY, FEBRUARY 24, 1972

1969

Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen,G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McCracken McDaniell McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Mullinax Nessmith

Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Thomason Toles Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Barfield

Bennett, J. T., Jr. Bennett, Tom

Buck Chappell

1970
Collins, M. Connell Dean, J. E. Drury Farrar Grahl Granade Gunter

JOURNAL OF THE HOUSE,

Hamilton Hill, B. L. Hill, G. Matthews, D. R. Milford Murphy Pickard Savage

Scarborough Sherman Strickland Thompson Townsend Ware Mr. Speaker

On the passage of the Bill, the ayes were 166, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Connell of the 79th stated that he had been called from the floor of the House when the roll was called on HB 1192, but had he been present would have voted "aye".

HB 1291. By Mr. Noble of the 73rd:
A Bill to be entitled an Act to amend Code Section 26-2802, relating to cruelty to animals, so as to prohibit the sale or distribution of artifi cially colored baby chicks, etc.; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Industry moves to amend HB 1291 as follows: By striking from the title, on line 3 of page 1, the following: "artificially colored". By striking from Section 1, beginning on line 13 of page 1, the
following: "When such fowl or turtles have been dyed, colored or other
wise treated to impart an artificial color to them".

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:

THURSDAY, FEBRUARY 24, 1972

1971

Those voting in the affirmative were Messrs.

Adams, G. D., Jr. Adams, Marvin Alexander, W. H. Alien Atherton Barfield Battle Bell Bennett, J. T., Jr. Bohannon Bond Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carter Chance Cheeks Clements Collier Callins, S. Coney, J. L. Connell Daugherty Davis, W. Dean, Gib Dent Dorminy

Edwards Egan
Farrar Floyd, L. R. Fraser
Gary Geisinger Gunter Harris Hays, F. Jr. Hill, B. L. Housley Howell Jessup Jones, J. R. King Knowles Kreeger Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Mason Matthews, C. Maxwell Melton Merritt Miles Miller Moore

Mulherin Murphy Nessmith Noble Northcutt Odom Oxford Patten Pearce Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Roach Ross Russell, A. B. Shanahan Sherman Sims Smith, H. R. Smith, J. R. Snow Sorrells Stephens Townsend Wamble Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Adams, John Bennett, Tom Black Bo wen Chandler Chappell Coney, G. D. Conger Dailey Davis, E. T. Dean, N. Evans Gignilliat Grantham Griffin, R. A. Groover Ham

Harrington Harrison Horton Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Knight Lambert Lane, W. J. Larsen, W. W. Lewis Logan Lowrey

Mauldin Milford Morgan Moyer Mullinax Nunn Patterson Peters Poole Potts Rainey Salem Savage Scarborough Toles Wheeler, J. A.

1972

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Berry Blackshear Bostick Buck Carr Cole Collins, M. Colwell Cook Dean, J. E. Dixon Drury Ezzard Felton Floyd, J. H. Gaynor Grahl

Granade Greer Hamilton Hawes Hill, G. Hood Jordan Keyton Longino Marcus Matthews, D. R. McCracken McDaniell McDonald Murphy Northcutt Pearce Phillips, G. S.

Phillips, L. L. Pickard Reaves Russell, H. P. Russell, W. B. Shepherd Smith, V. T. Strickland Sweat Thomason Thompson Tripplett Tripp Turner Vaughn Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 91, nays 51.

The Bill, as amended, having failed to receive the requisite constitutional majority, was lost.

Mr. Noble of the 73rd served notice that at the proper time he would ask the House to reconsider its action in failing to give the requisite constitutional ma jority to HB 1291, as amended.

HB 1194 By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, as amended, so as to reduce the age at which persons become eligible for benefits; 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., Jr. Adams, John Adams, Marvin

Alexander, W. H. Alexander, W. M. Alien

Barfield Battle Bell

THURSDAY, FEBRUARY 24, 1972

1973

Bennett, J. T., Jr. Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Buck Busbee Carr Carter Chance Cheeks Clements Cole Collier Collins, S. Colwell Coney, J. L. Conger Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary
Gaynor
Geisinger
Gignilliat
Grantham
Greer
Griffin

Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hood Horton Housley Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Maxwell McCracken McDaniell McDonald Melton
Merritt
Miles
Moore
Morgan
Moyer
Mulherin

Mullinax Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach 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 Sweat Thomason Toles Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those voting in the negative were Messrs.:

Coney, G. D.

Evans

Lee, W. S.

1974

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Atherton Bennett, Tom Blackshear Brown, C. P. Burruss Chandler Chappell Collins, M. Connell Dean, J. E. Drury Egan

Grahl Granade Hamilton Hill, B. L. Hill, G. Howard Jordan Keyton Larsen, W. W. Matthews, D. R. Maulden Milford

Miller Murphy Odom Pickard Savage Scarborough Shepherd Sherman Strickland Thompson Townsend Mr. Speaker

On the passage of the Bill, the ayes were 156, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

HB 1196. By Mr. Mason of the 13th:
A Bill to be entitled an Act to amend an Act providing for retirement benefits for the Ordinaries of Georgia, as amended, so as to provide a method for increased benefits for Ordinaries and the secretary-treasurer of the Fund who have served for periods exceeding 20 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Black Bohannon

Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee Carr

Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, J. L. Conger

THURSDAY, FEBRUARY 24, 1972

1975

Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Farrar Felton Floyd, J. H. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Griffin Groover Gunter Ham Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Howell Hudson, C. M.

Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino Lowrey Marcus Mason Matthews Maxwell McDaniell Melton Merritt Miles Miller Moore Morgan Mulherin Mullinax Nessmith Northcutt

Odom Oxford Patterson Patten Peters Phillips, H. L. Phillips, W. R. Poole Potts Rainey Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Shanahan Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens Sweat Toles Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Bennett, Tom Brown, S. P. Coney, G. D.

Evans Larsen, G. K. Levitas

Pinkston Scarborough Townsend

Those not voting were Messrs.:

Bell Bennett, J. T., Jr. Berry Blackshear Buck

Chandler Colwell Dean, J. E. Drury Egan

Ezzard Floyd, L. R. Granade Greer Hamilton

1976
Harrington Jordan Matthews, D. R. Mauldin McCracken McDonald Milford Moyer

JOURNAL OP THE HOUSE,

Murphy Noble
Nunn Pearce Phillips, G. S. Pickard
Ross Savage

Shepherd Sherman
Snow Strickland Thomason Thompson
Vaughn Mr. Speaker

On the passage of the Bill, the ayes were 147, nays 9.

The Bill, having received the requisite constitutional majority, was passed.
HB 1498. By Messrs. Chandler of the 34th, Toles of the 9th and Colwell of the 5th:
A Bill to be entitled an Act to amend Code Chapter 91-8A, relative to a central inventory of State owned personal property, so as to delete cer tain requirements relative to said inventory; and for other purposes.

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., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T., Jr. Bennett, Tom Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L.

Bray Brown, B. D. Brown, C. Burrus 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, N. Dent Dixon Drury Edwards Egan Evans Ezzard Farrar Ployd, J. H. Floyd, L. R. Fraser

THURSDAY, FEBRUARY 24, 1972

1977

Gary Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick

Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Maxwell McDaniell McDonald Melton Merritt Miles Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Peters Phillips, L. L. Phillips, W. R.

Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat Thomason Toles Townsend Triplett Tripp Turner Vaughn Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Berry Blackshear Brown, S. P. Buck Colwell
Dean, J. E. Dorminy Felton
Gaynor
Hamilton

Hill, B. L. Hill, G. Matthews, D. R. Mauldin McCracken
Milford Murhy
Pearce
Phillips, G. S.

Pickard Pinkston Shepherd Strickland
Thompson
Wamble
Ware
Wheeler, Bobby
Mr. Speaker

On the passage of the Bill, the ayes were 167, nays 0.

1978

JOURNAL OF THE HOUSE,

The Bill, having received the requisite constitutional majority, was passed.

Mr. Dorminy of the 48th stated that he had been called from the floor of the House when the roll was called on HB 1498, but had he been present would have voted "aye".

HR 620-1454. By Messrs. Lee of the 61st, Snow of the 1st, Gunter of the 6th, Coney of the 118th and others:
A RESOLUTION
Creating the Judicial Circuit Study Committee; and for other purposes.
WHEREAS, population shifts and the growth of counties within the State of Georgia have produced significant imbalances in the popu lations of the various superior court circuits within the State; and
WHEREAS, this shift in population has resulted in an imbalance in the number of cases handled by the various superior court judges within the State; and
WHEREAS, consideration and study should be given to the matter of redrawing judicial circuit lines so as to provide a more equitable distribution of case loads among the circuits with a view toward stimu lating efficiency in the operation of Georgia's superior courts.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Judicial Circuit Study Committee, to be composed of five members of the House of Representatives to be appointed by the Speaker of the House and five members of the Senate to be appointed by the President of the Sen ate. The Speaker of the House and the President of the Senate shall designate one of their respective appointees as co-chairman, and the co-chairmen shall jointly call the organizational meeting of the Commit tee. The Committee shall conduct a thorough study of the case loads handled by the various superior court judges within the State of Geor gia, the number of counties located within each judicial circuit and shall seek to provide a more equitable distribution of case loads. The Com mittee shall also consider the advisability of redrawing the present superior court judicial circuit lines within the State. The Committees shall be authorized to make such inquiries and investigations as it deems necessary in conducting this study. The Committee may conduct such meetings at such places and at such times as it may deem necessary and convenient to enable it to fully and effectively exercise its powers, per form its duties, and accomplish the objectives and purposes for which the Committee was created. The members of the Committee shall re ceive the expenses and allowances provided by law for legislative mem bers of interim legislative committees, but shall receive the same for no more than 30 days, unless aditional days are authorized by the Speaker of the House and the President of the Senate. The funds nee-

THURSDAY, FEBRUARY 24, 1972

1979

essary to carry out the purposes of this resolution shall come from funds appropriated to, or available to, the legislative branch of govern ment. The Committees shall make a report of its findings and recom mendations to the 1973 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., Jr. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bell Bennett, J. T., Jr. Bennett, Tom Black Blackshear Bohannon Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray 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. Cook Dailey

Davis, E. T. Davis, W. Dean, Gib Dean, N. Dixon Dorminy Drury Edwards Egan Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Grahl Granade Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Hood Housley Howard Howell Hudson, C.M. Hudson, Ted Hutchinson

Isenberg Jessup Johnson Jones, Herb 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 Lowrey Marcus Mason Matthews, C. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer

1980
Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Peters Phillips, L. L. Phillips, W. R. Poole Potts Rainey Reaves Roach

JOURNAL OF THE HOUSE,

Ross Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Sweat

Thomason Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. H. Barfield Battle Berry Bond Brown, B. D. Buck Chandler Conger Connell Daugherty Dean, J. E. Dent

Evans Ezzard
Gaynor Gignilliat Grantham Hamilton Hill, B. L. Horton Keyton Lane, W. J. Longino Matthews, D. R. McCracken

Mulherin Murphy Pearce Phillips, G. S. Pickard Pinkston Russell, H. P. Sherman Strickland Thompson Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having the requisite Constitutional majority, was adopted.

HR 643-1498. By Messrs. Levitas of the 77th and Vaughn of the 74th:
A RESOLUTION
Proposing an amendment to the Constitution so as to make it pos sible for the State and State agencies and institutions, and counties, mu nicipalities, school districts, political subdivisions, public authorities, public agencies, public corporations and public instrumentalities to fully comply with that certain Act of the Congress of the United States of America known as the Uniform Relocation Assistance and Land Ac quisition Policies Act of 1970, Public Law 91-646, 91st Congress, ap-

THURSDAY, FEBRUARY 24, 1972

1981

proved January 2, 1971, in order to avoid the loss of large sums of money which will otherwise be made available to said public entities as
Federal assistance in connection with public projects or programs, by authorizing the General Assembly to require by law that provision be
made for relocation assistance and payments to persons displaced by public projects or programs; by authorizing the general Assembly to require by law that provision be made for the establishment and imple mentation of policies and practices and the payment or reimbursement of necessary expenses in connection with the acquisition of real property for public projects or programs; by declaring that the providing of such relocation assistance and payments and, in connection with the acquisi tion of real property for public projects of programs, the establishing and implementing of all of such policies and practices and the paying or reimbursing of all of such necessary expenses, shall constitute govern mental functions undertaken for public purposes for which the powers of taxation may be exercised and public funds expended; by providing 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. Paragraph I of Section III of Article I of the Constitu tion of the State of Georgia is hereby amended as follows: (a) by strik ing the hearing of said Paragraph I and inserting in lieu thereof a new
heading to read as follows:

"Paragraph I. Private ways; just compensation; relocation as sistance; land acquisition policies, practices and expenses.";

(b) by inserting after the aforesaid new heading and before the first word appearing in the body of said Paragraph I the arabic number one followed by a period ("1.") ; and, (c) by adding at the end of said Para graph I the following:

"2. Notwithstanding any other provisions of this Constitution, the General Assembly of the State of Georgia may by law require the State and State agencies and institutions, and counties, munici palities, school districts, political subdivisions, public authorities, public agencies, public corporations and public instrumentalities created under this Constitution or the laws of this State: (i) to provide relocation assistance and payments to persons displaced by public projects or programs undertaken or sponsored by the fore going public entities, including without limitation, all those reloca tion assistances and payments as are, by Section 210 of that cer tain Act of Congress of the United States of America known as the Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 (Public Law 91-646, 91st Congress, approved January 2, 1971,) required to be made or furnished to such displaced persons by such public entities in order that federal financial assistance can be made available to such public entities with respect to the public projects or programs causing such displacements, and (ii) to establish and implement acquisition policies and practices and provide for the payment or reimbursement of necessary expenses of persons whose properties are acquired in connection with the

1982

JOURNAL OF THE HOUSE,

acquisition of real property for public projects or programs, such policies, practices, payments and reimbursements to include, with out limitation, those real property acquisition policies, practices, payments and reimbursements with Section 305 of said Uniform Relocation Assistance and Land Acquisition Policies Act of 1970 requires that the foregoing public entities establish and implement or pay and reimburse, as the case may be, in acquiring real property for a public project or program in order that federal financial as sistance can be made available to such public entities with respect to such projects or programs. The providing of all of such reloca tion assistances and payments and, in connection with the acquisi tion of real property for public projects or programs, the establish ing of all of such policies and practices and the paying or reim bursing of all of such necessary expenses, are declared to be neces sary, among other reasons, in order to avoid the loss of large sums of money which will otherwise be made available to the foregoing public entities as financial assistance by the United States of America and shall constitute governmental functions undertaken for public purposes, and the powers of taxation may be exercised and public funds expended in furtherance thereof."

Section 2. When the above proposed amendment to the Constitution shall have been agreed to by two-thirds of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "ayes" and "nays" taken thereon, such proposed amendment shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the General Assembly to provide by law for relocation
NO ( ) assistance and payments to persons displaced by pub lic projects or programs and, in connection with the acquisition of real property for public projects and pro grams, the establishment and implementation of poli cies and practices and the payment or reimbursement of necessary expenses, so as to prevent the loss of large sums of federal money?"

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 Article XIII, Section I, Paragraph I of the Constitution, it shall become a part of the Constitution of this State. The returns of the election shall be made in like manner as returns for electing the members of the General As sembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue proclamation thereon.

THURSDAY, FEBRUARY 24, 1972

1983

The following Committee amendment was read and adopted:

The Committee on State Planning and Community Affairs wishes to amend House Resolution 643-1498 in the following manner:
On line 8, page 1, by striking the word "Land" and substituting in lieu thereof the words "Real Property."
On line 29, page 2, by striking the word "Land" and substituting in lieu thereof the words "Real Property."
On line 17, page 3, by striking the word "Land" and substituting in lieu thereof the words "Real 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, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle
Bell Bennett, J. T. Bennett, Tom Black Blackshear Bohannon Bond Bostick Bo wen 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 Dailey 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 Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hood Horton Housley Howard

1984
Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, W. J. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis
Logan
Longino
Lowrey
Marcus
Mason
Matthews, C.
Mauldin
Maxwell
McDaniell

JOURNAL OP THE HOUSE,

McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford 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. 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
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those not voting were Messrs.:

Adams, G. D. Berry Brown, S. P. Buck Collins, S. Colwell Dean, J. E. Floyd, L. R. Hamilton

Hill, B. L. Hill, G. Lane, Dick Larsen Levitas Matthews, D. R. McCracken Moore

Murphy Pearce Phillips, G. S. Strickland Thomason Thompson Ware Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 170, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted, as amended.

THURSDAY, FEBRUARY 24, 1972

1985

HB 1594. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to authorize the State Highway Department to comply with the Uniform Relocation Assistance and Real Property Acquisition policies Act of 1970, 91st Congress of the United States, so as to provide for the promulgation of rules; and for other purposes.

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 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, M. Collins, S. Coney, G. D. Coney, J. L. Conger

Connell Cook Dailey Daugherty Davis, B. 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 Grantham Greer Griffin Groover Ham Harrington Harris Harrison Hawes

Hays Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles
Kreeger Lambert Lane, 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

1986
Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten

JOURNAL OF THE HOUSE,

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 Sims
Smith, H. R. Smith, J. R.

Smith, V. T. Snow Sorrells Sweat Thomason Toles Townsend Triplett Tripp Turner Vaughan Wamble Ware, J. C. Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Bennett, J. T. Berry Bostick Bowen Buck Carter Colwell Granade Gunter

Hamilton Hill, B. L. Hill, G. Lane, Dick Matthews, D. R. McCracken Murphy Pearce

Phillips, G. S. Pickard
Pinkston Savage Stephens Strickland Thompson Mr. Speaker

On the passage of the Bill, the ayes were 170, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1595. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act, as amended, relating to negotiation of contracts by the State Highway Department to provide for sub-letting of contracts; and for other purposes.

The following substitute, offered by Mr. Vaughn of the 74th, was read and adopted:
A BILL
To be entitled an Act to amend an Act relating to the negotiation of contracts by the State Highway Director and/or the State Highway

THURSDAY, FEBRUARY 24, 1972

1987

Department, approved February 9, 1949 (Ga. L. 1949, p. 373), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 397), so as to provide for the subletting of contracts between the De partment of Transportation and counties or incorporated municipalities; to provide for subletting contracts for public bid; to provide for adver tising of contracts; to provide that the public bidding and advertising requirements do not apply to contracts sublet between counties and in corporated municipalities; to provide that the Department of Transporta tion shall not be obligated to accept assignments of contracts; to provide for payments; to define maintenance; 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 relating to the negotiation of contracts by the State Highway Director and/or the State Highway Department, ap proved February 9, 1949 (Ga. L. 1949, p. 373), as amended, particularly by an Act approved April 5, 1971 (Ga. L. 1971, p. 397), is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1, to read as follows:

"Section 1. The Department of Transportation is hereby pro hibited from negotiating contracts with any person, firm, or cor poration for the construction or maintenance of highways, roads and bridges, except contracts with counties or incorporated munici palities for work to be performed by convict labor, county or mu nicipal forces, or sublet to contract as provided in this Act, and not otherwise."

Section 2. Said Act is further amended by adding a new Section 2. to read as follows:

"Section 2. The Department of Transportation, pursuant to a contract negotiated as provided in this Act, shall be authorized to furnish planning, contract plans, specifications and engineering supervision for roads and bridges being constructed by counties or incorporated municipalities with the work being performed by con vict labor, county or municipal forces, or by contracts sublet as provided in this Act."

Section 3. Said Act is further amended by adding a new Section 3. to read as follows:
"Section 3. Any provision of law to the contrary notwith standing, all contracts sublet by a county or incorporated munici pality for the purpose of construction or maintenance of highways, roads and bridges pursuant to a contract with the Department of Transportation shall be let by public bid."

Section 4. Said Act is further amended by adding a new Section 4. to read as follows:

"Section 4. Any provision of law to the contrary notwith-

1988

JOURNAL OF THE HOUSE,

standing, the county or incorporated municipality desiring to sublet a contract for construction or maintenance of highways, roads and bridges pursuant to a contract with the Department of Transporta tion shall advertise all contract lettings for at least two weeks; the public advertisement shall be inserted one week in such newspapers and/or publications as will assure adequate publicity; the first in sertion to be two weeks prior to the opening of bids, the second in sertion to follow one week after the first publication."

Section 5. Said Act is further amended by adding a new Section 5, to read as follows:
"Section 5. Sections 3 and 4 of this Act shall not apply to con tracts sublet by a county to an incorporated municipality or to con tracts sublet by an incorporated municipality to a county pursuant to the provisions of this Act."
Section 6. Said Act is further amended by adding a new Section 6, to read as follows:
"Section 6. A contract sublet by a county or incorporated mu nicipality pursuant to the provisions of this Act shall in no way obligate the Department of Transportation to accept an assignment of said contract or any portion thereof. Payments for work per formed under such contracts shall be made only as provided in the contract."

Section 7. Said Act is further amended by adding a new Section 7, to read as follows:

"Section 7. As used in this Act, the term "maintenance" shall not include emergency bridge repairs, emergency snow and ice re moval, emergency road or street repairs due to flood conditions, or any emergency situation requiring immediate repairs to any road, Street, bridge or right-of-way."

Section 8. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 9. Section 12 of an Act empowering the State Highway Department to contract with counties, approved March 18, 1937 (Ga. L. 1937, pp. 912-918), as amended particularly by an Act approved February 8, 1949 (Ga. L. 1949, p. 276), providing that contracts made by the State Highway Department with counties shall not be sublet or transferred, is hereby repealed.

Section 10. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute.

THURSDAY, FEBRUARY 24, 1972

1989

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Bell Bennett, J. T. Bennett, Tom Black Blackshear Bohannon Bostick Bo wen Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Connell Cook Dailey 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 Grahl Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, G. Hood Housley Howard Howell 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. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C.

Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmitb Noble Northcutt Nunn Odom Oxford Patterson Patten Peters Phillips, L. L. Phillips, W. R. Pickard Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B. Salem Scarborough Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thomason Toles

1990
Townsend Triplett Tripp Turner Vaughn

JOURNAL OF THE HOUSE,

Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. H. Barfield Battle Berry Bond Brantley, H. H. Brown, B. D. Buck Chandler Chappell Collier Colwell

Conger Daugherty
Dean, J. E. Gignilliat Granade Hamilton Hill, B. L. Horton Keyton Larsen, W. W. Matthews, D. R.

McCracken Murphy Pearce Phillips, G. S. Russell, H. P. Savage Shanahan Stephens Strickland Thompson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Edwards of the 45th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.

FRIDAY, FEBRUARY 25, 1972

1991

Representative Hall, Atlanta, Georgia Friday, February 25, 1972

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. E. P. Quaterman, Pastor, Second Baptist Church, Savannah, Georgia:
Our Father we are grateful to you for the rest and refreshment of the night: for our fellowship with our loved ones and our friends around the breakfast table, and for the fact we have our health and strength and can look at this day with hope.
We pray that we might have hearts and minds that are receptive, even, when we hear things that we do not want to hear; we do like; and disagree with. Still O God, help us to keep with Jesus Christ so that we may learn, that we may change, until deep within we are more like Thy Son Jesus Christ.
O God, our Father, who hast made out of one blood all men to dwell upon the face of the earth, deliver us from the false pride of race, creed or color, create in our hearts an abiding love for one another and a deep distrust for those who would divide us, and help all of us in Georgia to believe in the great possibility of our state.
0 God of peace, who hast taught us that in returning and rest we shall be saved, in quietness and confidence we shall find strength to do the right things which need to be done for the unity and prosperity of our people. By Thy Spirit, our Father, lift us above petty selfishness and our unconcern for others.
0 God, help and be with our Governor, his staff, and all members of this august body, in the days, months, and years ahead. Teach all of them; and all the people of Georgia that while loving and serving one another to enter into a full fellowship with thy whole family. We pray through Jesus Christ our Lord. AMEN.
By unanimous consent, the call of the roll was dispensed with.
Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing, and Journals reported that the Journal of the previous legislative day had been read and found to be correct.
By unanimous consent, the reading of the Journal was dispensed with.

1992

JOURNAL OF THE HOUSE,

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Friday, February 25, 1972, and submits the following:

HB

165. Teachers' Retirement, Service

HB

370. Ambulance Services, licensing

HB

814. Pub. Accountants, Exp. in Dept. of Audits

HB 1043. Vending Facilities, State Property

HB 1105. Mobile Homes, county permits

HB 1125. Bank Charters applications

HB 1128. Department of Public Safety, Director Comp.

HB 1213. Beverage Tax, municipalities

HB 1223. Rezoning, Certain Applications & Rep.

HB 1237. Prison Inmates, Money in possession

HB 1245. Dev. Auth. for Housing Finance, Create

HR 552-1264. Hendrix Bridge, designate (Reconsidered)

HB 1313. Emp. Awards Board, Compensation

HB 1315. Printing and Copying Board, Create

HB 1320. Certain State Officials, Compensation

HB 1366. Federal & State Income Tax Returns, Confidential

HB 1388. Burial of Paupers, County Expense

HB 1394. Franchise, petroleum and gas dealers

HB 1400. Veterans' Day, Date of Observance

FRIDAY, FEBRUARY 25, 1972

1993

HR 599-1401. Disabled Veterans, Ad Val. Tax on Vehicle HR 608-1425. Merger of counties, petition of voters HB 1434. Motorcycles, Operators Footwear HB 1435. Motorcycles, Brakes for each wheel HB 1450. Criminal Cases, State Right to Appeal HB 1451. Criminal Trials, Unsworn Statement HB 1466. Commission on Compensation, reports HB 1474. Counties, Levy Tax, Public Health HR 633-1485. Private Companies, Corp. Powers & Privileges HB 1491. Civil Practice Act, insurance agreement HB 1492. Pleading and practices, grant continuance HB 1591. Physician's Assts., License HB 1592. Physician's Assts., Provide HB 1593. Highway funds, expended for roads HB 1639. Cobb County, Health Code, Hosp. Auth. HR 710-1647. Counties & Cities, Gov. Auth. Duties
(Without Com. Rec.) HB 1666. Foreign Corporations, Tax, License HB 1672. Eminent domain, special master, salary HB 1680. Illegitimate child, support of HB 1681. Self Insurance Program, Schools HB 1683. Milk and Milk Products, Permits HR 725-1684. Dooly County, Convey Property HB 1689. Budget Bureau, Appropriated Funds HB 1691. Exec. Reorganization Plan, Banking HR 735-1693'. Henry Grady Hotel, lease HB 1699. Mtr. Fuel Tax, Agents' powers HB 1700. Mtr. Carriers' Tax, Agents' powers HB 1704. County Tax Assessors, Equalization HB 1705. City Property Tax, reforms HB 1706. County Property Tax, fair market HB 1707. Unif. Tax of Property HB 1708. County Tax Assessors, Standards HB 1709. Property Tax, Jurisdictions HB 1710. St. Board of Equalization, appeals

1994

JOURNAL OF THE HOUSE,

HB 1711. Arbitration Procedure; repeal HB 1712. Check Payee, lien on mdse. HR 737-1712. Ed. Scholarships, State & Federal Funds HR 742-1719. Floyd County, Convey Property HB 1720. Mtr. Veh. Sales Tax, casual sales HB 1730. Hwy. Traffic Speed Limits HB 1739. Dep. Director, Highway Department HB 1762. Eminent Domain, Appeal HB 1768. City of Atlanta, Corporate Limits
(Reconsidered) HB 1769. Mtr. Veh. Registrations HB 1778. Workmen's Compensation, Award Comp. HR 765-1802. Voc. Ed. Study Comm. HB 1837. Dept. of Transportation, Modes of Transportation HR 776-1840. Corr. Loop Study Committee HR 777-1843. Southern R. R. Company, Lease Land HB 1845. Hospital Service, Non-Profit, Forfeit HB 1926. State Fire Marshal, Arrest Powers

The Speaker shall have the right to call the above Bills and Resolutions in any order which he may desire.
Respectfully submitted,
I at Busbee of 61st Busbee of the 61st-- Chairman

By unanimous consent, the rules were suspended in order that the following Bills and Resolutions of the House could be introduced, read the first time and referred to the Committees:

HB 2044. By Messrs. Peters of the 2nd, Hays of the 1st, Rainey of the 47th, Adams of the 100th, Grantham of the 55th, Snow of the 1st, Clements of the 1st, Lee of the 61st, Smith of the 39th and others:
A Bill to be entitled an Act to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide for the continuation of coverage for mentally retarded and physically handicapped depen-

FRIDAY, FEBRUARY 25, 1972

1995

dents under health insurance policies and non-profit hospital and medi cal service plan contracts; and for other purposes.
Referred to the Committee on Insurance.

HB 2045. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to create and establish for and in the County of Gwinnett a court to be known as the Recorder's Court of Gwinnett County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 864-2045. By Messrs. Floyd of the 7th, Murphy of the 19th and Busbee of the 61st:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to preparation, submission and enactment of General Appropriations Bills and duration and control of appro^ priations; and for other purposes.
Referred to the Committee on Rules.

HB 2046. By Mr. Larsen of the 42nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Rentz, so as to change the terms of office of the mayor and alder men; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2047. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to provide the circumstances under which certain vacancies shall occur in the office of members of the Board of Education of Laurens County; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2048. 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 increase the maximum millage which may be levied by the City for school purposes; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

1996

JOURNAL OF THE HOUSE,

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

HB 1938. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act creating a Board of County Commissioners of Hancock County, so as to change the com pensation of the Chairman and members of the Board of County Com missioners; and for other purposes.

HB 1939. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to amend Code Chapter 100-1, relating to State Depositories so as to provide that the Director of Transportation shall replace the State Treasurer as a member of the Board; and for other purposes.

HB 1940. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to amend State Properties Control Code, so as to add the Attorney General and remove the Treasurer from the State Properties Control Commission; and for other purposes.

HB 1941. By Messrs. Murphy and Dean of the 19th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Bremen, so as to authorize the mayor and council of said city to dispose of real property owned by the city at a public or private sale; and for other purposes.

HB 1942. By Messrs. Smith of the 39th and Greer of the 95th:
A Bill to be entitled an Act to amend Code Chapter 68-5, so as to pro vide for a uniform charge of $5 for the registration of each vehicle operated by motor contract carriers engaged in intrastate commerce or interstate commerce in this State; and for other purposes.

HB 1943. By Mr. Davis of the 75th:
A Bill to be entitled an Act to amend an Act revising, superseding and consolidating the laws' relating to the governing authority of DeKalb County, so as to provide for five commissioner districts; and for other purposes.

HB 1944. By Messrs. Barfield of the 71st, Bowen of the 47th, Hudson of the 48th, Strickland of the 56th, Bennett of the 71st and Reaves of the 71st and others:
A Bill to be entitled an Act to amend an Act known as the "Georgia Retailers' and Consumers' Sales and Use Tax Act", so as to exempt certain machinery and equipment and components thereof from the provisions of this Act; and for other purposes.

FRIDAY, FEBRUARY 25, 1972

1997

HB 1945. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Monroe County; and for other purposes.

HB 1946. By Messrs. Patten and Matthews of the 63rd and Adams of the 39th: A Bill to be entitled an Act to amend Code Chapter 58-6, relating to miscellaneous provisions with respect to intoxicating liquors, so as to prohibit certain sellers of distilled spirits or alcoholic beverages from cashing checks drawn by a governmental body, which checks are pay ments of assistance to recipients of public assistance; and for other purposes.
HB 1947. By Messrs. Smith and Adams of the 39th: A Bill to be entitled an Act to amend an Act providing for the election of the members of the Board of Education of Pike County, so as to provide that the members of the board shall be selected by the vote of all of the electors of the Pike County School District; and for other purposes.
HB 1948. By Messrs. Evans and Bennett of the 81st and Coney of the 82nd: A Bill to be entitled an Act to amend Code Chapter 47-10, relating to lobbying, so as to provide that any employee of the State or any polit ical subdivision shall not be compensated from public funds for any day such employee is present at the State Capitol during the session of the General Assembly for the purpose of aiding or opposing the enactment of any legislative proposal; and for other purposes.
Referred to the Committee on State of Republic.
HB 1949. By Mr. Chance of the 44th: A Bill to be entitled an Act to abolish the present mode of compen sating the Ordinary of Effingham County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
HB 1950. By Messrs. Snow and Hays of the 1st: A Bill to be entitled an Act to amend the Act creating the Dade County Water Authority, so as to change the name of said Authority; and for other purposes.

HB 1951. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act incorporating the City of

1998

JOURNAL OF THE HOUSE,

Social Circle, so as to increase the corporate limits of said city; and for other purposes.

HB 1952. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to create the Walnutgrove-Youth Water Authority; and for other purposes.

HB 1953. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act incorporating and pro viding a new charter for the City of Social Circle, so as to provide for additional powers of the city council; to provide for easements and the power of eminent domain; and for other purposes.

HR 802-1953. By Mr. Matthews of the 16th:
A Resolution creating the Student Financial Aid Study Commission; and for other purposes.

HR 803-1953. By Mr. Sorrells of the 24th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of the City of Monroe to tax and con trol the manufacture, possession, distribution and sale of alcoholic bev erages within said City; and for other purposes.

HR 804-1953. By Messrs. Dean and Mason of the 13th:
A Resolution creating the Gwinnett County Facilities and Law Enforce ment Council; and for other purposes.

HR 805-1953. By Mr. Burruss of the 117th:
A Resolution proposing an amendment to the Constitution so as to re move the Treasurer as an elected Constitutional Officer; to provide for maintenance of the State Sinking Fund; and for other purposes.

HB 1955. By Messrs. Tripp and Jessup of the 49th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Eastman, so as to abolish the office of city manager; to create the office of Mayor of the City of Eastman; and for other purposes.

FRIDAY, FEBRUARY 25, 1972

1999

HB 1956. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, so as to provide that the city may provide by ordinance for the punishment of persons convicted of driving under the influence of alcoholic beverages or drugs; and for other purposes.

HB 1957. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act placing the tax receiver of Bleckley County upon an annual salary, so as to change the compen sation of the clerk of the tax receiver; and for other purposes.

HB 1958. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to create a three-member Board of Com missioners of Pulaski County; to provide for Commissioner Districts; and for other purposes.

HB 1959. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Bleckley County; to prescribe the jurisdiction of said court; and for other purposes.

HB 1960. By Messrs. Bennett of the 71st, Dent of the 79th, Lane of the 44th, Harrison of the 58th, Hudson of the 28th and Bennett of the 81st:
A Bill to be entitled an Act to provide for the licensing of all persons, firms, partnerships, companies and corporations selling or servicing fire systems and fire extinguishers; to provide for permits; and for other purposes.

HB 1961. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A Bill to be entitled an Act to create the Albany-Dougherty County Governmental Study Commission; to provide for the appointment of members and their compensation, qualifications,' expenses, duties and ^powers; and for other purposes.

HR 807-1961. By Messrs. Leggett and Isenberg of the 67th:
A Resolution proposing an amendment to the Constitution so as to provide that the homestead of each resident of Glynn County who is 62 years of age or over and who has an income not exceeding $6,000 per annum shall be granted an exemption from all ad valorem taxation for educational purposes levied by said county; and for other purposes.

2000

JOURNAL OP THE HOUSE,

HR 808-1961. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A Resolution proposing an amendment to the Constitution so as to create the Albany-Dougherty County Governmental Revision Commis sion for the purpose of investigating all matters relating to the con solidation of the government of the City of Albany and Dougherty County; and for other purposes.

HR 809-1961. By Mr. Wamble of the 69th:
A Resolution compensating Mr. Marvin Parramore; and for other pur poses.

HR 810-1961. By Mr. Wamble of the 69th:
A Resolution compensating Mr. Robert L. Waldrop; and for other pur poses.

HB 1962. By Messrs. Kreeger, Howard and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Cobb County, so as to provide for apportioned districts for the election of Commissioners; and for other purposes.

HB 1963. By Messrs. Matthews and Logan of the 16th:
A Bill to be entitled an Act to add one additional judge of the superior courts of the Western Judicial Circuit of Georgia; and for other pur poses.

HB 1964. By Messrs. Kreeger, McDaniell, Howard and Burruss of the 117th:
A Bill to be entitled an Act to amend an Act relating to the adminis tration of the taxing laws of this State, so as to change the appro priation provisions of said Act; and for other purposes.

HB 1965. By Messrs. Kreeger, Howard, Housley, Atherton, McDaniell and Bur russ of the 117th:
A Bill to be entitled an Act to create and establish an Airport Authority for Paulding County; and for other purposes.

HR 811-1965. By Mr. McDonald of the 15th:
A Resolution proposing an amendment to the Constitution so as to create the West Jackson Fire District and to authorize the levying of a tax on the taxable property in the territory comprising said District for fire protection purposes; and for other purposes.

FRIDAY, FEBRUARY 25, 1972

2001

HB 1966. By Mr. Gaynor of the 88th:
A Bill to be entitled an Act to consolidate the governments of the City of Savannah and the County of Chatham; and for other purposes.

HB 1967. By Mr. Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Albany, so as to change the method of appointing and dis charging certain officers and employees of the City; and for other purposes.

HB 1968. By Messrs. Jones of the 87th, Triplett of the 93rd, Alien of the 92nd and Battle of the 90th:
A Bill to be entitled an Act to amend an Act providing that the Board of Public Education for the City of Savannah and the County of Chat ham shall be elected by the voters of Chatham County, so as to change the provisions relative to Education District; and for other purposes.

HB 1969. By Messrs. Moyer and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act creating the Houston Judicial Circuit, so as to provide for an investigator for the District Attorney of said Circuit; and for other purposes.

HB 1970. By Messrs. Moyer and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act creating the Houston Judicial Circuit, so as to change the terms for the drawing of Grand Juries; and for other purposes.

HB 1971. By Messrs. Sims of the 106th, Battle of the 90th, Ezzard of the 102nd, Scarborough of the 81st and Stephens of the 103rd:
A Bill to be entitled an Act to regulate private employment agencies; to repeal a specific Act; and for other purposes.

HB 1972. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act providing that it shall be unlawful for any person to possess a firearm during the commission or attempt to commit a felony, so as to provide that it shall be unlawful for any person to possess certain knives during the commission or at tempt to commit a felony; and for other purposes.

2002

JOURNAL OP THE HOUSE,

HB 1973. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to provide that no bank, lending company, financial institution, retail installment seller, or person extending credit may discriminate on the basis of sex, race, religion or marital status; and for other purposes.

HB 1974. By Mr. Levitas of the 77th:
A Bill to be entitled an Act to amend an Act prohibiting the sale or delivery of certain harmful materials to minors, so as to provide that the provisions of this Act shall not apply to certain persons; and for other purposes.

HR 813-1974. By Messrs. Wilson, Atherton, Kreeger, Housley and Howard of the 117th:
A Resolution proposing an amendment to the Constitution so as ex tend the period of time over which revenue bonds may be issued by the Board of Lights and Waterworks of the City of Marietta, and to provide that said board may maintain a combined utility system in behalf of said City, and may prescribe rules and regulations pertaining to the operation without any joint action by the governing body of Marietta; and for other purposes.

HB 1975. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court and ordinary of Whitfield County on a salary system of compensation, so as to change the provisions relative to the compensation of said sheriff, clerk of the superior court and ordi nary; and for other purposes.

HB 1976. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Whitfield County into the office of tax commissioner of said county, so as to change the provisions relative to the compensation of said tax commissioner; and for other purposes.

HB 1977. By Messrs. Smith, Cole and Turner of the 3rd:
A Bill to be entitled an Act to reincorporate the City of Tunnell Hill, in the County of Whitfield; and for other purposes.

HB 1978. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Valdosta, so as to change the method

FRIDAY, FEBRUARY 25, 1972

2003

of election and the terms of office of the members of the Board; and for other purposes.

HB 1979. By Mr. Bostick of the 63rd:
A Bill to be entitled an Act to amend the Act known as the "Unemploy ment Compensation Law", so as to increase the maximum weekly bene fit amount; and for other purposes.

HB 1980. By Messrs. Geisinger of the 72nd, Russell and Farrar of the 77th, Jordan of the 74th, Wood of the 75th, Bell of the 73rd, Levitas and Thomason of the 77th:
A Bill to be entitled an Act to amend an Act known as the "Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors", so as to provide that in certain counties the governing authority may license the sale of distilled spirits or alcoholic beverages by the drink and adopt such rules, regulations and fees as may be appropriate without a referendum; and for other purposes.

HB 1981. By Mr. Dean of the 76th:
A Bill to be entitled an Act to amend an Act establishing a new mini mum foundation program for the education of Georgia's children, so as to change the provisions relating to certification and classification of professional school personnel; and for other purposes.

HB 1982. By Messrs. Bell of the 73rd, Farrar of the 77th and Geisinger of the 72nd:
A Bill to be entitled an Act to fix the compensation of the solicitors of State Courts of certain counties; and for other purposes.

HB 1983. By Messrs. Bell of the 73rd, Farrar of the 77th and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of DeKalb County, so as to change the compensation of the Chairman and members of said Board of Commissioners; and for other purposes.

HB 1984. By Messrs. Bell of the 73rd, Farrar of the 77th and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act amending Code Section 21-105, providing an annual salary for coroners in lieu of fees in certain counties, so as to change the salary of such coroners; and for other purposes.

2004

JOURNAL OF THE HOUSE,

HB 1985. By Messrs. Bell of the 73rd, Farrar of the 77th and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act fixing, prescribing and establishing compensation of the elective county officials of DeKalb County, so as to change the compensation of said officers; and for other purposes.

HB 1986. By Messrs. Bell of the 73rd, Farrar of the 77th and Geisinger of the 72nd:
A Bill to be entitled an Act to amend an Act creating the State Court of DeKalb County, so as to change the compensation of the judges of said Court; and for other purposes.

HB 1987. By Messrs. Lambert of the 25th and Dorminy of the 48th: A Bill to be entitled an Act to amend an Act known as the "General Tax Act", so as to provide that certain associations created for certain purposes shall not be required to make annual tax returns; and for other purposes.
HB 1988. By Mr. Coney of the 118th: A Bill to be entitled an Act to provide for the management of records in the State of Georgia; to create the State Records Committee; and for other purposes.

HR 815-1988. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of certain real property located in Baldwin County; and for other purposes.

HR 816-1988. By Messrs. Chandler and Harrington of the 34th:
A Resolution authorizing the conveyance of certain real property lo cated in Baldwin County; and for other purposes.

HB 1989. By Mr. Connell of the 79th:
A Bill to be entitled an Act to amend an Act placing certain county officers upon an annual salary, so as to provide for additional clerks for the clerk of the superior court; and for other purposes.

HB 1990. By Messrs. Mason and Dean of the 13th: A Bill to be entitled an Act to amend an Act incorporating the Town

FRIDAY, FEBRUARY 25, 1972

2005

of Snellville, so as to change the date of elections; to change the provi sions relative to the recorder; and for other purposes.

HB 1991. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Lawrenceville, so as to redefine the City Limits thereof and add new territory thereto; and for other purposes.

HB 1992. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act creating a new Board of Commissioners of Gwinnett County, so as to redefine Commissioner Districts; and for other purposes.

HB 1993. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Dougherty County, so as to pro vide for a purchasing agent and to define his duties; and for other purposes.

HB 1994. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act creating a new Board of Commissioners of Gwinnett County, so as to change the provisions rela tive to the chairman of the Board of Commissioners; and for other purposes.

HB 1995. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to provide for the education districts for the election of the members of the Board of Education of Gwinnett County; and for other purposes.

HB 1996. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to amend Code Chapter 32-9, relative to county boards of education so as to provide that certain persons shall not be eligible to serve as members of county boards of education; and for other purposes.

HB 1998. By Messrs. Harrison of the 58th, Jones of the 87th, Morgan of the 23rd, Hutchinson of the 61st, Murphy of the 19th and Leggett of the 67th:
A Bill to be entitled an Act to amend an Act creating a Department of Public Safety for Georgia, so as to provide that the district attorney of

2006

JOURNAL OF THE HOUSE,
each judicial circuit in Georgia may request assistance from the Georgia Bureau of Investigation in the investigation of certain crimes; and for o_ jtih. e. r p. urp__o_s__e_s_.

HB 1999. By Mr. McDonald of the 15th:
A Bill to be entitled an Act to create a new charter for the City of Jefferson in the County of Jackson; to enumerate the corporate powers of said city; and for other purposes.

HR 817-1999. By Mr. Tripp of the 49th:
A Resolution proposing an amendment to the Constitution so as to pro vide for a limitation on the maximum length of service by any citizen as county commissioner, superintendent of schools, tax commissioner, sheriff, ordinary or clerk of the superior court of Dodge County; and for other purposes.

HB 2000. By Mr. Davis of the 75th:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change the corporate limits of the City; and for other purposes.

HB 2001. By Mr. Davis of the 75th:
A Bill to be entitled an Act to amend an Act establishing a new char ter for the City of Atlanta, so as to change the corporate limits of the city; and for other purposes.

HB 2002. By Mr. Kreeger of the 117th:
A Bill to be entitled an Act to amend an Act creating the Cobb CountyMarietta Water Authority; and for other purposes.

HB 2003. By Messrs. Dean of the 13th, Snow of the 1st, Felton of the 95th, Knight of the 30th, Bray of the 31st, Ham of the 33rd, Brown of the 81st and others:
A Bill to be entitled an Act to amend Code Title 27, relating to criminal procedure, so as to provide for discovery and inspection in criminal cases; and for other purposes.

HB 2004. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Dougherty County, so as to change the procedure for se-

FRIDAY, FEBRUARY 25, 1972

2007

lecting a chairman of the board of commissioners; and for other pur poses.

HB 2005. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend an Act establishing the City Court of Albany, so as to change the compensation of the judge of said court; and for other purposes.

HB 2006. By Messrs. Floyd, Wood, Granade and Davis of the 75th:
A Bill to be entitled an Act to provide that it shall be unlawful for any real estate agent or broker to induce any person to sell or rent his dwelling except under certain circumstances; and for other purposes.

HB 2007. By Mr. Floyd of the 75th:
A Bill to be entitled an Act to amend Code Section 34-1002, relating to the requirement of the filing of a notice of candidacy, so as to change the number of days in which the notice of candidacy must be filed with the Secretary of State; and for other purposes.
HB 2008. By Messrs. Greer and Hawes of the 95th, Alexander of the 96th, Mar cus of the 105th, Shepherd of the 107th, 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.

HB 2009. By Messrs. Greer of the 95th, Savage of the 104th, Horton of the 95th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Alpharetta, so as to change and redefine the corporate limits of the City of Alpharetta; and for other purposes.

HB 2010. By Messrs. Greer of the 95th, Savage of the 104th, Horton of the 95th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Roswell, so as to change the corporate limits of said city; and for other purposes.

HB 2011. By Messrs. Greer of the 95th and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Section 34-603, relating to the appointment of county registrars, so as to provide that boards of election of certain counties of this State shall appoint a director of reg-

2008

JOURNAL OF THE HOUSE,

istrations and elections who shall have the duties and functions of chief registrar; and for other purposes.

HB 2012. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th, Stephens of the 103rd and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to amend the city limit boundary; and for other purposes.

HB 2013. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th and Stephens of the 103rd:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to provide for qualifications for can didates for Mayor and Councilmen; and for other purposes.

HB 2014. By Messrs. Greer of the 95th, Egan of the 116th, Felton and Hawes of the 95th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act providing for Boards of Elections in certain counties; so as to create the position of Diretcor of Registrations and Elections and to define the duties and functions of such office; and for other purposes.

HB 2015. By Messrs. Adams of the 100th, Sims of the 106th, Alexander of the 96th and others:
A Bill to be entitled an Act to create a Civil Service Board of Fulton County, so as to abolish the Civil Board of Fulton County, so as to abol ish the Civil Service Board of Fulton County and recreate the same as the Personnel Board of Fulton County; and for other purposes.

HB 2016. By Messrs. Greer of the 95th, Longino of the 98th, Bond of the lllth, Savage of the 104th and others:
A Bill to be entitled an Act to amend an Act incorporating Union City, so as to extend the corporate limits of said City; and for other purposes.

HB 2017. By Messrs. Adams of the 100th, Greer of the 95th, Savage of the 104th, Sims of the 106th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change certain provisions relating to the Chairman of the Board of Commissioners; and for other purposes.

FRIDAY, FEBRUARY 25, 1972

2009

HB 2018. By Messrs. Lane of the 101st, Hawes of the 95th, Brown of the 110th, Bond of the lllth and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, so as to change the corporate limits; and for other purposes.

J3B 2019. 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 Mountain Park, so as to include certain described prop erty within the corporate limits of said city; and for other purposes.

HB 2020. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th, Stephens of the 103rd, Larsen of the 113th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to amend the city limit boundary; and for other purposes.

HB 2021. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th, Stephens of the 103rd, Larsen of the 113th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to amend the city limit boundary; and for other purposes.

HB 2022. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th, Stephens of the 103rd, Larsen of the 113th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of College Park, so as to amend the city limit boundary; and for other purposes.

HB 2023. By Messrs. Davis of the 75th, Bell of the 73rd, Levitas and Farrar of the 77th, Vaughn of the 74th and others:
A Bill to be entitled an Act to amend an Act creating the City of At lanta Charter Commission, so as to change the provisions relative to membership of the Commission; and for other purposes.

HR 818-2023. By Messrs. Adams of the 100th, Hood of the 99th, Shepherd of the 107th and Larsen of the 113th:
A Resolution proposing an amendment to the Constitution authorizing the governing authority of Fulton County to district said county for the purpose of providing any or all services within such districts; to authorize the levy of taxes within such districts; and for other purposes.

2010

JOURNAL OF THE HOUSE,

HR 819-2023. By Mr. Hawes of the 95th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of the City of Atlanta to levy and col lect taxes, licenses, and other charges on all objects and subjects of taxation which are not prohibited by the Constitution and general laws of Georgia; and for other purposes.

HR 820-2023. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th, Stephens of the 103rd, Larsen of the 113th and others:
A Resolution proposing an amendment to the Constitution so as to pro vide a homestead exemption from City ad valorem taxation to resident homeowners in the City of College Park, who are under the age of 65 in an amount of $2,000, and those who are 65 years of age or older in an amount of $4,000; and for other purposes.
HR 821-2023. By Mr. Hawes of the 95th:
A Resolution proposing an amendment to the Constitution so as to au thorize the governing authority of Fulton County to levy and collect taxes, licenses, and other charges on all objects and subjects of taxation which are not prohibited by the Constitution and general laws of Geor gia; and for other purposes.
HR 822-2023. By Mr. Alexander of the 96th:
A Resolution proposing an amendment to the Constitution so as to au thorize the General Assembly to provide by local or special law for the membership and the manner of electing the Fulton County Board of Education and for the appointment of the Fulton County School Super intendent by said Board without the necessity of a referendum election by the voters of the Fulton County School District; and for other pur poses.

HR 823-2023. By Messrs. Roach of the 10th, Bennett of the 81st, Collier of the 54th, Adams of the 9th, Snow of the 1st, Lee of the 61st, Bennett of the 71st:
A Resolution proposing an amendment to the Constitution so as to pro vide that a jury of six persons shall try misdemeanor cases in the su perior courts; and for other purposes.

HB 2024. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to reincorporate the City of Loganville in the County of Walton; to create a new charter for said city; and for other purposes.

FRIDAY, FEBRUARY 25, 1972

2011

HB 2025. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act incorporating the Town of Between, so as to appoint a mayor and four councilmen; to change the provisions relative to the election, qualification and terms of office of the mayor and councilmen; and for other purposes.

HB 2026. By Mr. Collins of the 72nd:
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 minimum salaries established by the Board of Education of drivers of certain school buses; and for other purposes.

HB 2027. 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 of Taylor County, so as to provide for a secretary for the tax commissioner; and for other purposes.

HB 2028. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to reincorporate the City of Butler in the County of Taylor; to create a new charter for said city; and for other purposes.

HR 824-2028. By Mr. Oxford and Mrs. Merritt of the 46th: A Resolution proposing an amendment to the Constitution so as to provied for the establishment of a Downtown Americus Development Au thority; and for other purposes.
HB 2029. By Mr. Burruss of the 117th: A Bill to be entitled an Act to amend Code Chapter 84-1 as amended, relating to the Joint Secretary of State Examining Boards, so as to pro vide for the biennial issuance of all licenses and certificates issued by the State Examining Boards pursuant to Title 84 of the Code of Geor gia; and for other purposes.
HB 2030. By Mr. Burruss of the 117th: A Bill to be entitled an Act to amend an Act known as the "Georgia Administrative Procedure Act", so as to redefine the word "agency" by removing exceptions relating to certain boards, commissions, public authorities and departments; and for other purposes.

2012

JOURNAL OF THE HOUSE,

HB 2031. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to provide for a program of Early Childhood Development; and for other purposes.

HB 2032. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to provide for an annual inspection of all roads projects in this State constructed wholly or in part with State funds or bond funds of the Georgia Highway Authority; and for other purposes.

HB 2033. By Mr. Burruss of the 117th:
A Bill to be entitled an Act to amend the "Georgia Securities Act", so as to provide for definitions; to provide for the registration of securi ties; and for other purposes.

HB 2034. By Messrs. Ware of the 30th and Gunter of the 6th:
A Bill to be entitled an Act to amend the "Georgia Firearms and Weap ons Act", so as to redefine the term "sawed-off shotgun"; and for other purposes.

HB 2035. By Messrs. Chandler and Harrington of the 34th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, so as to change the corporate limits of said city; to provide for referendums; and for other purposes.

HB 2036. By Messrs. Smith of the 3rd and Brown of the 32nd:
A Bill to be entitled an Act to prohibit the use of hypnotism, mesmer ism, and any similar Act or process except in the practice of optometry, dentistry, medicine and surgery, and in the practice of a licensed ap plied psychologist upon referral by a licensed physician; and for other purposes.

HB 2037. By Messrs. Griffin and Conger of the 68th:
A Bill to be entitled an Act to amend an Act abolishing the offices of Tax Receiver and Tax Collector of Decatur County and creating in lieu thereof the office of Tax Commissioner, so as to change the compensa tion of the Tax Commissioner; and for other purposes.

HB 2038. By Mr. Nunn of the 41st: A Bill to be entitled an Act to amend Code Section 59-112, relating to

FRIDAY, FEBRUARY 25, 1972

2013

persons exempt from jury duty, so as to provide for additional persons who shall be exempt from jury duty; and for other purposes.

HB 2039. By Mr. Nunn of the 41st:
A Bill to be entitled an Act to amend Code Section 74-105, relating to the father's obligation as to maintenance, protection and education of his children, to as to provide that a husband shall be liable for the main tenance, protection and education of the children of his wife until ma jority; and for other purposes.

HE 856-2039. By Mr. Greer of the 95th:
A Resolution proposing an amendment to the Constitution so as to make the provisions of the Constitution requiring notice of intention to intro duce local legislation inapplicable to an Act amending the charter of the City of Mountain Park and changing the corporate limits of said city without a proper advertisement of local legislation; and for other purposes.
HB 2040. By Messrs. Battle of the 90th, Alien of the 92nd, Gignilliat of the 89th and Triplett of the 93rd:
A Bill to be entitled an Act to amend an Act providing that the Board of Public Education for the City of Savannah shall be elected by the voters of Chatham County, so as to provide that the Board of Public Education shall be composed of eight members; and for other purposes.
HB 2041. By Messrs. Cole, Smith and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, so as to change the provisions relating to the number of votes required for election to office; and for other purposes.

HB 2042. By Messrs. Cole, Smith and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending, and codifying the various Acts incorporating the City of Dalton, so as to divide the City into election wards; and for other purposes.

HB 2043. By Messrs. Cole, Smith and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, so as to incorporate in said city certain parts of Land Lot 10, in the 13th District and 3rd Section of Whitfield County; and for other purposes.

2014

JOURNAL OF THE HOUSE,

HR 857-2043. By Messrs. Cole of the 3rd, Shanahan of the 8th, Turner and Smith of the 3rd:
A Resolution proposing an amendment to the Constitution so as to per mit the establishment in Gordon, Murray and Whitfield Counties of a political subdivision having normal and extraordinary powers and to provide for the planned and orderly establishment and growth of such political subdivision as a new community; and for other purposes.

HR 858-2043. By Mr. Jordan of the 74th:
A Resolution repealing House Resolution No. 531-1205, proposing an amendment to the Constitution so as to authorize and direct the govern ing authority of DeKalb County to pay to the Board of Education of DeKalb County 50% of the net revenue realized by said county from the sale of malt beverages, adopted by the 1972 Session of the General As sembly; and for other purposes.

HR 859-2043. By Mr. Jordan of the 74th:
A Resolution proposing an amendment to the Constitution so as to pro vide for DeKalb County either to levy a tax or to impose a license, or both, on the wholesale and retail sale of alcoholic beverages, liquors, malt beverages and wines; and for other purposes.

HR 860-2043. By Mr. Cook of the 95th: A Resolution creating the City of Atlanta-Fulton County Consolidation and Merger Study Committee; and for other purposes.
HR 861-2043. By Messrs. Marcus of the 105th, McDonald of the 15th, Edwards of the 45th, Collier of the 54th, Collins of the 82nd and Bell of 73rd: A Resolution proposing an amendment to the Constitution so as to re move the provisions relative to the advertising of local legislation; and for other purposes.
HR 862-2043. By Mr. Gaynor of the 88th: A Resolution proposing an amendment to the Constitution so as to abol ish the Recorder's Court of Chatham County and to provide that the Re corder's Court shall succeed, replace and have the jurisdiction, powers and duties formerly possessed by said Court and to provide for addi tional jurisdiction of said Recorder's Court and for the terms of office and the election of the judge; and for other purposes.

SB 367. By Senators London of the 50th and Overby of the 49th: A Bill to be entitled an Act to amend Code Chapter 27-7, relating to in-

FRIDAY, FEBRUARY 25, 1972

2015

dictments, presentments, and waiver of the same, so as to provide that any person who is arrested for a crime punishable by death and who is refused bail shall be entitled to a hearing by a grand jury having jurisdiction over defendant; and for other purposes.

SB 406. By Senator Overby of the 49th:
A Bill to be entitled an Act to amend an Act creating the Board of Trustees of the Joint Municipal Employees' Retirement System and pro viding for the establishment of a Joint Municipal Retirement System, so as to provide for coverage for the employees of the munti-county planning and development commissions; and for other purposes.

SB 409. By Senator Bateman of the 27th:
A Bill to be entitled an Act to amend an Act establishing the Teachers' Retirement System, so as to change the provisions relative to reestab lishing membership service after withdrawal of contributions; and for other purposes.

SB 419. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act creating the Sheriffs' Re tirement Fund of Georgia and providing for a retirement system for sheriffs, so as to reduce the retirement age and provide for increase retirement benefits; and for other purposes.

SB 429. By Senators Ward of the 39th and Johnson of the 38th:
A Bill to be entitled an Act to amend the Act providing that certain cities shall furnish pensions to officers and employees of such cities so as to repeal said Section 3 of Ga. L. 1965 pp. 3256, 3257 and substituting in lieu thereof another provision of Section 3; and for other purposes.

SB 431. By Senator Hamilton of the 26th:
A Bill to be entitled an Act to amend an Act providing for premarital examinations for syphilis, so as to provide for premarital examinations for Sickle Cell Anemia for persons of the black race; and for other purposes.

SB 440. By Senator Doss of the 52nd:
A Bill to be entitled an Act to provide for an additional judge of the superior court of the Rome Judicial Circuit; and for other purposes.

2016

JOURNAL OF THE HOUSE,

SB 471. By Senator Starr of the 44th:
A Bill to be entitled an Act to establish and create a program to pro vide scholarships to the children of law enforcement officers, firemen and prison guards who are permanently disabled or killed in the line of duty; and for other purposes.

SB 481. By Senators Lester of the 23rd and Reynolds of the 48th:
A Bill to be entitled an Act to amend an Act known as the "Uniform Act Regulating Traffic on Highways", so as to provide for annual in spection of devices controlling or abating atmospheric emissions in stalled on motor vehicles by the manufacturer; and for other purposes.

SB 487. By Senators Holloway of the 12th, Carter of the 14th, and Walling of the 42nd:
A Bill to be entitled an Act to amend the Coastal Marshlands Protective Act of 1970, to as to provide for the Department of Natural Resources to issue orders, conduct hearings and institute and prosecute court ac tions as may be necessary to enforce compliance of the provisions of this Act; and for other purposes.

SB 494. By Senators Holloway of the 12th, Carter of the 14th and Walling of the 42nd:
A Bill to be entitled an Act to amend an Act known as the "Georgia Water Quality Control Act", so as to provide that any order issued by the Division of Environmental Protection of the Department of Natural Resources under this Act shall become final unless a hearing is requested no later than 30 days after such order is served; and for other purposes.

SB 495. By Senators Holloway of the 12th, Carter of the 14th and Walling of the 42nd:
A Bill to be entitled an Act to provide for Solid Waste Management; to provide a short title; to provide for a declaration of public policy relative to solid waste management; and for other purposes.

SB 523. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Code Section 26-2303, relating to the prohibition against receipt of funds or other things of value to be used in the enforcement of the penal laws, so as to provide that nothing contained in said Section shall be construed to prohibit any law enforce ment officer from being employed during his off-duty hours; and for other purposes.

FRIDAY, FEBRUARY 25, 1972

2017

SB 524. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a State Depart ment of Veterans Service and providing for a Board of Veterans Serv ice and a Director, so as to exempt veterans nursing care facilities and the personnel from the provisions of an Act creating the State Board of Nursing Homes under certain conditions; and for other purposes.

SB 538. By Senators Holloway of the 12th, Carter of the 14th, and Starr of the 44th:
A Bill to be entitled an Act to provide for the establishment of Co operative Educational Service Agencies; and for other purposes.

SB 558. By Senators Johnson of the 38th, Kidd of the 25th, Ward of the 39th and others:
A Bill to be entitled an Act to amend Code Chapter 84-7, relating to dentists and dental hygienists, so as to increase the number of members of the Board of Dental Examiners; and for other purposes.
SB 562. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Code Title 24A, the Juvenile Court Code of Georgia, so as to provide for expenses of the judge of the juvenile court; and for other purposes.
SB 563. By Senator Smalley of the 28th:
A Bill to be entitled an Act to repeal Code Section 49-228, relating to binding out indigent orphans, Code Section 66-203, authorizing the ordi nary or judge of the county court to bind out minors in certain cases, Code Section 74-109, relating to cruel treatment by parents, and Code Section 74-110, relating to protection of children being reared under immoral conditions; and for other purposes.
SB 566. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend an Act revising, classifying, con solidating and superseding the present Juvenile Court Laws and estab lishing a new codification of laws relating thereto, to be known and cited as the Juvenile Court Code, so as to provide that the Juvenile Court Code shall be the official Title of the Code of Georgia of 1933; and for other purposes.
SB 567. By Senator Smalley of the 28th:
A Bill to be entitled an Act to amend Section 24A-4001 to the Juvenile Court Code of Georgia, relating to specific repeals of Acts, so as to repeal certain specific acts; and for other purposes.

2018

JOURNAL OF THE HOUSE,

SB 578. By Senators Johnson of the 38th, Stephens of the 36th, Smith of the 34th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change the provisions relating to va cancies in the Board of Aldermen; and for other purposes.

SR 226. By Senators Stephens of the 36th, Garrard of the 37th, Johnson of the 38th and others:
A Resolution proposing an amendment to the Constitution so as to re move the area designation and authorize the establishment of historic zones in such areas of the City of Atlanta as the governing authority thereof may from time to time deem appropriate; and for other purposes.

SR 273. By Senators Zipperer of the 3rd, Searcey of the 2nd, and Riley of the 1st:
A Resolution authorizing the State Properties Control Commission to convey to the Development Authority of Chatham County, easements for the construction, laying, operating, maintaining, pipelines and elec trical cables over, under and through certain State-owned property situ ate in the Savannah River; and for other purposes.

SR 292. By Senators Johnson of the 38th, Ward of the 39th, Garrard of the 37th and others:
A Resolution urging the City of Atlanta to take certain steps to change the location of the municipal court of the City of Atlanta; and for other purposes.

SR 295. By Senator Reynolds of the 48th:
A Resolution proposing an amendment to the Constitution so as to change the name and designation of the Highway Board to the Trans portation Board; and for other purposes.

SR 297. By Senator Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to allow the General Assembly to ensure a fair trial for all litigants by providing that grand and traverse jurors for the superior courts may be selected from the judicial circuit or other appropriate geographic region within which the superior court is located; and for other purposes.

SB 351. By Senator London of the 50th:
A Bill to be entitled an Act to amend Code Section 27-405, providing that the courts of inquiry of this State shall hear all legal evidence

FRIDAY, FEBRUARY 25, 1972

2019

submitted by either party, as amended, so as to abolish the right of the accused in criminal trials to make an unsworn statement; and for other 1 purposes.

Mr. Matthews of the 63rd District, Chairman of the Committee on Agricul ture, submitted the following report:
Mr. Speaker:
Your Committee on Agriculture has had under consideration the following Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1770. Do Pass, as Amended.
Respectfully submitted, Matthews of 63rd, 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 Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1430. Do Pass, as Amended. HR 784-1878. Do Pass. SB 393. Do Not Pass. HB 1549. Do Pass, by Substitute.
Respectfully submitted, Northcutt of 21st, Secretary.

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

2020

JOURNAL OF THE HOUSE,

following Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 647. Do Pass, by Substitute. HB 1765. Do Pass. HB 1872. Do Pass. SB 385. Do Pass. SB 389. Do Pass.

Respectfully submitted, Smith of 3rd District, Chairman.

Mr. Lee of the 21st District, Chairman of the Committee on Industrial Rela tions, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the fol lowing Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
SB 485. Do Pass, by Substitute. HB 1600. Do Pass.
Respectfully submitted, Lee of 21st, Chairman.

The following minority report was received and read:
MINORITY REPORT
Mr. Speaker:
The following members of the Committee on Industrial Relations file the following minority report to the Committee's action on Senate Bill 485. We recommend that Senate Bill 485 do pass as passed the Senate for the reason that it would insure the adoption of this vitally needed legislation without further legislative maneuvering:
Brown of 110th,

FRIDAY, FEBRUARY 25, 1972

2021

Mr. Pickard of the 84th District, Chairman of the Committee on Industry, submitted the following report:

Mr. Speaker:

Your Committee on Industry has had under consideration the following Bills and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1284. Do Pass. HB 1503. Do Pass. HB 1799. Do Pass. HB 1816. Do Pass. HB 1227. Do Pass, by Substitute. HB 1817. Do Pass. HB 1925. Do Pass. HB 1922. Do Pass. HR 736-1697. Do Pass.

Respectfully submitted, Sweat of 65th, Vice-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 and Resolution of the House and has instructed me to report same back to the House with the following recommendations:
HB 1695. Do Pass. HB 1844. Do Pass. HB 1930. Do Pass. HR 762-1802. Do Pass, as Amended. HB 1805. Do Pass, by Substitute. HB 1727. Do Pass, as Amended. HB 1834. Do Pass. HB 1803. Do Pass. HB 1998. Do Pass.

2022

JOURNAL OF THE HOUSE,

HB 2003. Do Pass, as Amended. HB 1690. Do Pass. HB 1703. Do Pass, as Amended. HB 1726. Do Not Pass.
Respectfully submitted, Snow of 1st, Chairman.

Mr. Williams of the llth District, Chairman of the Committee on Legislative and Congressional Reapportionment, submitted the following report:
Mr. Speaker:
Your Committee on Legislative and Congressional Reapportionment has had under consideration the following Bill of the House and has instructed me to re port the same back to the House with the following recommendation:
HB 1862. Do Pass.
Respectfully submitted, Wilson of 117th, Secretary.

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 Bill of the House and has instructed me to report the same back to the House with the following recommendation:
HB 1942. Do Pass.
Respectfully submitted, Smith of 39th, 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 Bills

FRIDAY, FEBRUARY 25, 1972

2023

and Resolution of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1545. Do Pass. HB 1258. Do Pass, by Substitute. HB 1693. Do Pass. HR 667. Do Pass. HB 1719. Do Pass, by Substitute.

Respectfully submitted, Busbee of 61st, Chairman.

Mr. Roach of the 10th District, Chairman of the Committee on Special Judiiary, submitted the following report:
Mr. Speaker:
Your Committee on Special Judiciary has had under consideration the fol lowing Bills of the House and Senate and has instructed me to report the same back to the House with the following recommendations:
HB 1131. Do Pass, by Substitute. HB 1621. Do Pass. SB 371. Do Pass. HB 1538. Do Pass. SB 551. Do Pass. HB 1414. Do Pass by Substitute.
Respectfully submitted, Roach of 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 and Resolutions of the House and Senate and has instructed me to report the same back to the House with the following rec ommendations :
HR 763-1802. Do Pass.

2024

JOURNAL OF THE HOUSE,

HE 786,1900. Do Pass. HR 789-1916. Do Pass. HR 791-1921. Do Pass. SB 506. Do Pass. SB 507. Do Pass, by Substitute. SB 552. Do Pass. SB 553. Do Pass. SB 554. Do Pass. HB 1072. Do Pass, by Substitute. HB 1116. Do Pass. HB 1863. Do Pass. HB 1864. Do Pass. HB 1865. Do Pass. HB 1866. Do Pass. HB 1867. Do Pass. HB 1868. Do Pass. HB 1875. Do Pass. HB 1876. Do Pass. HB 1877. Do Pass. HB 1878. Do Pass. HB 1881. Do Pass. HB 1882. Do Pass. HB 1883. Do Pass. HB 1884. Do Pass. HB 1885. Do Pass. HB 1886. Do Pass. HB 1887. Do Pass. HB 1888. Do Pass. HB 1889. Do Pass. HB 1890. Do Pass. HB 1891. Do Pass.
HB 1892. Do Pass. HB 1894. Do Pass. HB 1902. Do Pass.

FRIDAY, FEBRUARY 25, 1972

2025

HB 1903. Do Pass. HB 1904. Do Pass. HB 1905. Do Pass. HB 1906. Do Pass. HB 1909. Do Pass. HB 1910. Do Pass, by Substitute. HB 1911. Do Pass. HB 1913. Do Pass. HB 1915. Do Pass. HB 1916. Do Pass. HB 1917. Do Pass. HB 1918. Do Pass. HB 1919. Do Pass. HB 1920. Do Pass. HB 1921. Do Pass. HB 1923. Do Pass. HB 1924. Do Pass. HB 1927. Do Pass. HB 1928. Do Pass. HB 1929. Do Pass. HB 1932. Do Pass. HB 1933. Do Pass. HB 1934. Do Pass. HB 1935. Do Pass. HB 1936. Do Pass.

Respectfully submitted, Levitas of 77th, Chairman.

Mr. Melton of the 32nd District, Chairman of the Committee on Ways and House with the following recommendation:
Mr. Speaker:
Your Committee on Ways and Means has had under consideration the fol-

2026

JOURNAL OF THE HOUSE,

lowing Bill of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1987. Do Pass. Respectfully submitted, Melton of 32nd District, Chairman.

By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HR 763-1802. By Messrs. Miles and Mulherin of the 78th and Connell and Dent of the 79th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide that the tax commissioner of Richmond County shall be authorized to accept personal checks for the payment of the registration of motor vehicles and the sale of license plates therefor; to provide for the submission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article XI, Section I, Paragraph VI of the Constitution is hereby amended by adding at the end thereof the following:
"Notwithstanding the provisions of Code Section 68-208 to the contrary, the tax commissioner of Richmond County shall be autho rized to accept personal checks for the payment of the registration of motor vehicles and the purchase of license plates therefor. In the event such personal check shall not be collectible, the tax commis sioner shall be absolved of all responsibility for the collection and payment of any such check."
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 that the tax commissioner of Richmond County shall
( ) NO be authorized to accept personal checks for the pay ment of the registration of motor vehicles and the sale of license plates therefor?"

FRIDAY, FEBRUARY 25, 1972

2027

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Reso lution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bennett, J. T., Jr. Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Busbee Carter Chance Chandler Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell

Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Grahl Granade Grantham Greer Groover Ham Hamilton Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M.

Hudson, Ted Hutchinson Jessup Johnson 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 Lewis Logan Longino Lowrey Marcus Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer

2028
Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pickard Pinkston Potts

JOURNAL OF THE HOUSE,

Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells

Stephens Strickland Thomason Thompson Toles Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, G. D., Jr. Alien Bell Bennett, Tom Blackshear Brown, C. Carr Chappell Collier Conger Dean, Gib Drury Edwards Egan

Evans Gaynor Gignilliat Griffin Gunter Harrington Hill, B. L. Hill, G. Hood Isenberg Jones, Herb Lambert Larsen, W. W. Levitas

Mason Matthews, C. McCracken Merritt Murphy Oxford Poole Rush Russell, W. B. Scarborough Sweat Townsend Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 786-1900. By Messrs. Ware, Mullinax, Potts and Knight of the 30th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the clerk and deputy clerks of the Small Claims Court of Troup County to issue criminal warrants and to administer oaths and to take affidavits and issue garnishments, summonses and subpoenas; to provide for the

FRIDAY, FEBRUARY 25, 1972

2029

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 VI of the Constitution is hereby amended by adding the following:

"Notwithstanding any other provision of this Constitution to the contrary, the clerk and deputy clerks of the Small Claims Court of Troup County are hereby authorized and empowered to issue criminal warrants of every kind and nature; including search warrants, dispossessory warrants, warrants for good behavior and warrants to keep the peace; to issue attachments returnable to the Small Claims Court of Troup County, and, in certain cases, to the State Court of Troup County and the Superior Court of Troup County; to administer oaths and take affidavits, unless the power is expressly restricted to some other officer; and to issue garnish ments, summonses and subpoenas.

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to authorize the clerk and deputy clerks of the Small Claims Court
( ) NO of Troup County to issue criminal warrants to ad minister oaths and to take affidavits and issue garnish ments, summonses and subpoenas?"

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:

2030

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Atherton Barfield Battle Bennett, J. T., Jr. Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Busbee Carter Chance Chandler Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T.
Davis, W.
Dean, J. E.
Dean, N.
Dent
Dixon
Dorminy
Ezzard
Farrar
Felton
Floyd, J. H.
Floyd, L. R.
Fraser
Gary

Geisinger

Grahl

Granade

Grantham

Greer

Groover

Ham

*

Hamilton

Harris

Harrison

Hawes

Hays

Horton

Housley

Howard

Howell

Hudson, C. M.

Hudson, Ted

Hutchinson

Jessup

Johnson

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

Lewis

Logan

Longino

Lowrey

Marcus

Matthews, D. R.

Mauldin

Maxwell

McDaniell

McDonald

Melton

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. Pickard Pinkston Potts Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Thomason Thompson
Toles
Triplett
Tripp
Turner
Vaughn
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

FRIDAY, FEBRUARY 25, 1972

2031

Those not voting were Messrs.:

Adams, G. D. Alien Bell Bennett, Tom Blackshear Brown, C. Carr Chappell Collier Conger Dean, Gib Drury Edwards Egan

Evans Gaynor Gignilliat Griffin Gunter Harrington Hill, B. L. Hill, G. Hood Isenberg Jones, Herb Lambert Larsen, W. W. Levitas

Mason Matthews, C. McCracken Merritt Murphy Oxford Poole Rush Russell, W. B. Scarborough Sweat Townsend Wamble Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 789-1916. By Messrs. Atherton, McDaniell, Howard, Wilson, and Kreeger of the 117th:

A RESOLUTION
Proposing an amendment to the Constitution so as to authorize the governing authority of Cobb County and the governing authority of each municipality located therein to delegate to the Zoning and Plan ning Commission for the unincorporated and/or incorporated areas of Cobb County the power to plan and zone property in the unincor porated areas and/or incorporated areas of Cobb County; to provide the procedures connected therewith; 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 III, Section VII, Paragraph XXIII of the Con stitution is hereby amended by adding to the end thereof the following:

"The governing authority of Cobb County and the governing authority of each municipality located therein is hereby authorized by ordinance to delegate to a Planning Commission or Joint Plan ning Commission all or any part of the power and authority of each such respective governing authority to pass zoning and planning laws whereby the unincorporated and/or incorporated areas of Cobb County may be zoned or districted for various uses and other or difference use prohibited therein, and regulating the use for which said zones or districts may be set apart, and regulating the plans for development and improvements on real estate therein, including the power of such governing authorities by ordinance to provide a method of appeal from any decision of such Planning Commission,

2032

JOURNAL OF THE HOUSE,

provided that such governing authorities shall always have the right by ordinance to terminate such delegated authority to the Plan ning Commission."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to authorize the governing authority of Cobb County and the gov-
( ) NO erning authority of each municipality located therein to provide by ordinance for the delegation of its power to pass zoning and planning laws to a planning com mission for the unincorporated and/or incorporated areas of Cobb County, including a method of appeal from a decision of such planning commission?"

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. Alexander, W. M. Atherton Barfield Battle Bennett, J. T., Jr. Berry Black Bohannon Bond Bostick

Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Busbee Carter Chance Chandler Cheeks

Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Davis, W.

Dean, J. E. Dean, N. Dent Dixon Dorminy Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Grahl Granade Grantham Greer Groover Ham Hamilton Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, J. R. Jordan Keyton King Knight

FRIDAY, FEBRUARY 25, 1972

2033

Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino Lowrey Marcus Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton 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. Pickard Pinkston Potts Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Thomason Thompson Toles Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs. :

Adams, G. D. Alien Bell Bennett, Tom Blackshear Brown, C. Carr Chappell Collier Conger Dean, Gib Drury Edwards Egan

Evans Gaynor Gignilliat Griffin Gunter Harrington Hill, B. L. Hill, G. Hood Isenberg Jones, Herb Lambert Larsen, W. W. Le vitas

Mason Matthews, C. McCracken Merritt Murphy Oxford Poole Rush Russell, W. B. Scarborough Sweat Townsend Wamble Mr. Speaker

2034

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 153, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 791-1921. By Messrs. Chance, Nessmith and Lane of the 44th:
A RESOLUTION
Proposing an amendment to the Constitution so as to empower the governing authority of Effingham County, for regulatory and revenue purposes, to assess and collect license fees, occupational taxes and amusement taxes against any person, firm or corporation, who or which may engage in any type of business in Effingham County outside of municipalities, with the right and power to classify businesses and assess different license fees, occupational taxes and amusement taxes against different classes of businesses, and with the further power to said governing authority to exercise police powers within unincor porated areas over any businesses in the interest of the public welfare, health and security of the people of Effingham County, and to adopt rules and regulations to effectuate the powers herein granted and to enforce the payment of the license fees, taxes and amusement taxes, and to provide that a violation of the rules and regulations may be punishable as a misdemeanor, and further, to provide that no enabling legislation by the General Assembly shall be necessary for the exercise of the powers herein granted; to provide for 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 VII, Section IV, Paragraph I of the Constitu tion of the State of Georgia is hereby amended by adding thereto the following new paragraph, to wit:
"The governing authority of Effingham County, Georgia, shall have the right and power, for regulatory and revenue purposes, to levy, assess, and collect license fees, occupational taxes and amusement taxes from any persons, firms or corporations (except those subject to regulation by the State Public Service Commis sion) who may maintain a place of business or who may in any manner engage in any type of business, in any area of Effingham County outside the incorporated limits of municipalities; and in levying and assessing such license fees, occupational taxes and amusement taxes, said governing authority shall have the right and power to classify businesses and to assess different license fees, occupational taxes and amusement taxes against different classes of business. To provide for the public welfare, health and security of the people of Effingham County, said governing authority shall have the right to regulate and exercise police powers over any busi nesses operated within the unincorporated areas of said county

FRIDAY, FEBRUARY 25, 1972

2035

(except those subject to regulation by the State Public Service Com mission) and to prescribe such rules and regulations as may be necessary to effectuate the powers herein granted, including the right to enforce payment of the license fees, occupational taxes and amusement taxes by the issuance and levy of executions, and to provide that a violation of any such regulations adopted by said governing authority shall constitute a misdemeanor punishable upon conviction thereof as prescribed by the general laws of the State of Georgia. The General Assembly of Georgia may at any time modify, alter, restrict and limit the powers herein granted, and may at any time change the manner and means by which the pow ers may be exercised by said governing authority. No further enabling legislation by the General Assembly of Georgia shall be necessary for the exercise of the powers herein granted."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended.

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to authorize the governing authority of Effingham County to assess
( ) NO and collect license fees, occupational taxes, and amuse ment taxes upon businesses in Effingham County out side the incorporated limits of municipalities and to regulate same?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, John Adams, Marvin Alexander, W. H. Alexander, W.M.

Atherton Barfield Battle Bennett, J. T.

Berry Black Bohannon Bond

2036
Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P. Buck Burruss Busbee Ca,rter Chance Chandler Cheeks Clements Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Davis, W, Dean, J. E. Dean, N. Dent Dixon Dorminy Ezzard Farrar Pelton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Grahl Granade Grantham Greer Groover Ham Hamilton

JOURNAL OP THE HOUSE,

Harris Haxrison Hawes Hays Horton Housley Howard Howell Hudson, C, M. Hudson, Ted Hutchinson Jessup Johnson 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 Lewis Logan Longino Lowrey Marcus Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton 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. Pickard Pinkston Potts Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Thomason Thompson Tales Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, G. D. Alien Bell Bennett, Tom

Blackshear Brown, C. Carr Chappell

Collier Conger Dean, Gib Drury

Edwards Egan Evans Gaynor Gignilliat Griffin Gunter Harrington Hill, B. L. Hill, G.

FRIDAY, FEBRUARY 25, 1972

Hood Isenberg Jones, Herb Lambert Larsen, W. W. Levitas Mason Matthews, C. McCracken Merritt

Murphy Oxford Poole Rush Russell, W. B. Scarborough Sweat Townsend Wamble Mr. Speaker

2037

On the adoption of the Resolution, the ayes were 153, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

SB 506. By Senator Doss of the 52nd:
A Bill to be entitled an Act to abolish the office of coroner of Floyd County; to create the office of medical examiner of Floyd 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.
t SB 507. By Senator Doss of the 52nd:
A Bill to be entitled an Act to provide for a chief deputy of the Clerk of the Superior Court of Floyd County; and for other purposes.

The following Committee Substitute was read and adopted:
A BILL
To be entitled an Act to provide for a chief deputy of the Clerk of the Superior Court of Floyd County; to provide for a chief deputy of the Sheriff of Floyd County; to provide duties and compensation of said chief deputies; to provide an effective date; to repeal conflicting laws; and for other purposes.

2038

JOURNAL OF THE HOUSE,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. The clerk of the superior court shall be authorized to employ to serve at the pleasure of said clerk, and to perform such duties as may be assigned by him a chief deputy at a salary of $8,500.00 per annum, payable in equal monthly installments from the funds of Floyd County. Said chief deputy shall be entitled to receive experience in creases in salary of $300.00 per annum for each four-year term of of fice completed for a maximum of three terms. One of these experience increases in salary may be earned for prior service in any position in said office totaling- four or more years.
Section 2. The Sheriff of Floyd County shall be authorized to em ploy to serve at the pleasure of said sheriff, and to perform such duties as may be assigned by him a chief deputy at a salary of $8,500.00 per annum, payable in equal monthly installments from the funds of Floyd County. Said chief deputy shall be entitled to receive experience in creases in salary of $300.00 per annum for each four-year term of of fice completed for a maximum of three terms. One of these experience increases in salary may be earned for prior service in any position in said office totaling four or more years.
Section 3. The base salaries provided herein are the authorized minimums with the salaries to be set by the Board of Commissioners of Floyd County. The increases for experience are the authorized minimums with the actual amount for experience to be determined by the board of commissioners.
Section 4. The provisions of this Act shall become effective on January 1, 1973.
Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

Th 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

SB 552. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the tax commissioner of Evans County; and for other purposes.

FRIDAY, FEBRUARY 25, 1972

2039

The report 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 553. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act so as to change the amount of the monthly allowance paid the ordinary of Evans 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

SB 554. By Senator Kennedy of the 4th:
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 Evans 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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; and for other purposes.

2040

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 Ware County into the office of the Tax Commis
sioner of Ware County; to provide for the rights, duties and liabilities of said office; to provide for the election of the Tax Commissioner; to provide 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 compensation, and the payment of expenses; to make provisions rela tive 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 Ware County are hereby consolidated and combined into the one office of the Tax Commissioner of Ware 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 Collectors 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 Ware 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 $12,500.00 payable in equal monthly install ments from the funds of Ware County.

Section 4. All fees, commissions, costs, fines, emoluments and per quisites of whatever kind received and collected by the Tax Commis sioner shall be received, collected and held by him as public funds be longing to Ware 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 whatever kind, including those commissions allowed by an Act approved March 9, 1955 (Ga. Laws 1955, p. 659), as amended, relating to the sale of motor ve-

FRIDAY, FEBRUARY 25, 1972

2041

hicle license plates by local tax officials, notwithstanding the fact that such services for which the commissions are derived may have been per formed 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 Ware 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 operating and discharging the official duties of his office, except as herein pro vided, 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 Ware 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, ex cept 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1116. By Messrs. Adams of the 100th, Lane of the 101st, Alexander of the 96th, and others:
A Bill to be entitled an Act to amend an Act so as to provide refund of Fulton County employee's contributions to estate where amount of pension paid does not equal total contributions paid; and for other purposes.

2042

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.
HB 1863. By Mr. Lambert of the 25th: A Bill to be entitled an Act to amend an Act so as to authorize the City of Union Point to transfer certain land held for industrial development; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1864. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the sheriff and certain other officers of Greene 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1865. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act so as to authorize the appointment of a recorder to serve as judge of the Mayor's Court of the City of Union Point; and for other purposes.

FRIDAY, FEBRUARY 25, 1972

2043

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1866. By Mr. Lambert of the 25th: A Bill to be entitled an Act to amend an Act so as to change the com pensation of the mayor and aldermen of the City of Madison; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1867. By Mr. Lambert of the 25th:
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 and the ordinary of Morgan 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1868. By Mr. Lambert of the 25th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the tax commissioner of Morgan County; and for other purposes.

2044

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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1875. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to amend an Act so as to change the name of the Henry County Water Authority to the Henry County Water and Sewerage 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1876. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to create a court to be known as the "State Court of Henry County"; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1877. By Mr. Knowles of the 22nd:
A Bill to be entitled an Act to create a five-member Board of Commis sioners of Henry County and a full-time chairman; and for other pur poses.

FRIDAY, FEBRUARY 25, 1972

2045

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1878. By Mr. Knowles of the 22nd: A Bill to be entitled an Act to authorize the Board of Commissioners of Henry County to levy license taxes on certain businesses maintained outside the incorporated limits of municipalities; 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1881. By Messrs. Moyer and Nunn of the 41st and Grahl of the 40th:
A Bill to be entitled an Act to amend an Act so as to provide the PerryFort Valley Airport Authority with the power of eminent domain; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1882. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act so as to provide an additional clerk for the tax commissioner of Bleckley County; and for other purposes.

2046

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.
HB 1883. By Messrs. Jessup and Tripp of the 49th: A Bill to be entitled an Act to amend an Act so as to change the com pensation of the clerical assistant to the commissioner of Bleckley 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1884. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend the charter of the City of Cochran. so as to provide that in order to be elected mayor or alderman, candi dates must receive a majority of the votes cast; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1885. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the clerk of the tax collector of Bleckley County; and for other purposes.

FRIDAY, FEBRUARY 25, 1972

2047

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1886. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the clerical assistant to the clerk of the superior court of Pulaski 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1887. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the deputy to the ordinary of Pulaski 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1888. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the clerk of the ordinary of Bleckley County; and for other purposes.

2048

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.

HB 1889. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the clerical assistant to the clerk of the superior court of Bleckley 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1890. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the deputy to the tax commissioner of Pulaski 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed..

HB 1891. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to create the Hartford Water Authority in Pulaski County; and for other purposes.

FRIDAY, FEBRUARY 25, 1972

2049

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1892. By Messrs. Jordan and Vaughn of the 74th:

A Bill to be entitled an Act to amend an Act so as to change the com

pensation of certain personnel employed by the sheriff of Rockdale

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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed:

HB 1894. By Messrs. Ware, Mullinax, Knight and Potts of the 30th:
A Bill to be entitled an Act to establish the Small Claims Court of Troup 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1902. By Messrs. Triplett of the 93rd, Gignilliat of the 89th and, others:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the Town of Pooler; and for other purposes.

The report of the Committee, which was favorable to the passage of the

Bill, was agreed to.

:

2050

JOURNAL OF THE HOUSE,

,,; On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1903. By Messrs. Gunter and Moon of the 6th:
1,,;....,
A Bill to be entitled an Act to amend an Act so as to change the term of office of the mayor of the City of Demorest; and for other purposes.

.1 ; The report 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.

HE 1904. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act so as to provide for the numbering of positions on the board of aldermen of the City of Newnan for election purposes; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1905. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act so as to enlarge the power of eminent domain by the City of Grantville; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, FEBRUARY 25, 1972

2051

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1906. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Bill to be entitled an Act to amend an Act so as to change the road districts in Coweta 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1909. By Messrs. Leggett and Isenberg of the 67th:
A Bill to be entitled an Act to amend an Act so as to change the salary of the Judge of the Juvenile Court of Glynn 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1910. 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; and for other purposes.

The following Committee substitute was read and adopted: A BILL
To be entitled an Act to amend an Act creating the State Court

:2052

JOURNAL OF THE HOUSE,
of Glynn County, approved March 9, 1943 (Ga. Laws 1943, p. 702), as amended, particularly by an Act approved March 30, 1965 (Ga. Laws 1965, p. 2852), an Act approved April 4, 1967 (Ga. Laws 1967, p. 2636), and an Act approved March 12, 1971 (Ga. Laws 1971, p. 2056), so as to Change the compensation of the judge of said court; to change the compensation of the solicitor of said court; to change the compensation of the clerk and deputy clerks of said court; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. An Act creating the State Court of Glynn County, ap proved March 9, 1943 (Ga. Laws 1943, p. 702), as amended, particularly by an Act approved March 30, 1965 (Ga. Laws 1965, p. 2852), an Act approved April 4, 1967 (Ga. Laws 1967, p. 263'6), and an Act approved March 12, 1971 (Ga. Laws 1971, p. 2056), is hereby amended by striking from Section 4 the following:
"The judge of said court shall receive a salary in the amount of $16,500.00 per annum, which shall not be diminished during his term of office, except to apply to the subsequent term, and shall be paid monthly out of the treasury of Glynn County at the said rate.",
and inserting in lieu thereof the following:
"The judge of said court shall receive a salary in the amount of $20,000.00 per annum, which shall not be diminished during his term of office, except to apply to the subsequent term, and shall be paid monthly out of the treasury of Glynn County at the said rate."
Section 2. Said Act is further amended by striking from Section 7 the following:
"$6,000.00"

and substituting in lieu thereof the following:
"$12,000.00",
so that when so amended Section 7 shall read as follows:
"Section 7. The said solicitor shall receive a salary in the amount of $12,000.00 per annum, which shall be paid monthly out of the treasury of the County of Glynn."
Section 3. Said Act is further amended by striking from Section 11 the first three sentences thereof and substituting in lieu thereof the following:

FRIDAY, FEBRUARY 25, 1972

2053

"The clerk of said court shall be paid a salary in the amount of $9,600.00 per annum. The chief deputy clerk and each deputy clerk shall be paid a salary of not less than $300.00 nor more than $500.00 per month. There shall be three (3) deputy clerks. The exact amount of the salary of each deputy clerk and the chief de puty clerk shall be fixed by the clerk of said court.",

so that when so amended Section 11 shall read as follows:

"Section 11. The clerk of said court shall be paid a salary in the amount of $9,600.00 per annum. The chief deputy clerk and each deputy clerk shall be paid a salary of not less than;$300.00 nor more than $500.00 per month. There shall be three (3) deputy clerks. The exact amount of the salary of each deputy clerk and the chief deputy clerk shall be fixed by the clerk of said court. The chief deputy clerk shall be charged with the responsibility ; of keep ing the official records of the court and shall also act as secretary to the judge. The chief deputy shall be appointed by the clerk of said court. The sheriff of said court shall be paid a salary in the amount of $5,400.00 per annum. His chief deputy shall be paid a salary of $3,750.00 per annum. The senior deputy sheriff shall be paid a salary of $3,300.00 per annum. There shall be three (3) additional senior deputy sheriffs, each of whom shall be paid a salary of $2,700.00 per annum. There shall be two (2) additional deputy sheriffs, hereby designated as junior deputy sheriffs, each of whom shall be paid a salary of $2,400.00 per annum. There shall be also an office deputy sheriff who shall act as clerk of the sheriff's office and who shall be paid a salary of $2,400.00 per an-, num. In addition to the salaries paid to said sheriff and his lawful deputies, they shall be paid all necessary and reasonable expenses which they incur in carrying out and performing the duties of their office. All of said salaries shall be paid in equal monthly install ments out of the treasury of Glynn County. Salaries so paid shall be in full compensation of all services of whatever kind and nature rendered by said clerk, said sheriff, and said deputies, and shall be in lieu of such fees as are now or hereafter allowed the sheriffs, clerks and deputies. All such fees and costs shall be paid over to the treasury of Glynn County. The car allowances set forth in Sec tion 11A hereof shall apply to the sheriff and deputy sheriffs with- ; out regard to the date of commencement of such officer's service in the sheriff's department."

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 104, nays 0. ;

The Bill, having received the requisite constitutional majority, was passed,

by substitute.

: ' ! '''''

2054

JOURNAL OF THE HOUSE,

HB 1911. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to amend an Act so as to abolish the may or's court and create in lieu thereof a recorder's court for the City of Poulan; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1913. By Messrs. Turner, Cole and Smith of the 3rd: A Bill to be entitled an Act to amend an Act so as to require that can didates for the office of mayor or alderman of the City of Chatsworth receive a majority of the votes cast in order to be 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1915. By Messrs. Sweat and Dixon of the 65th: A Bill to be entitled an Act to amend Code Section 21-105 so as to change the compensation of the coroners 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

FRIDAY, FEBRUARY 25, 1972

2055

HB 1916, By Messrs. Sweat and Dixon of the 65th:
A Bill to be entitled an Act to amend an Act so as to extend the corporate limits of the City of Waycross; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1917. By Messrs. Chance, Nessmith and Lane of the 44th:
A Bill to be entitled an Act to abolish the office of Treasurer of Effingt ham 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed;
HB 1918. By Messrs. Chance, Nessmith and Lane of the 44th: A Bill to be entitled an Act to amend an Act so as to change the method of filling vacancies on the Board of Commissioners of Effingham 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 104, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 1919. By Messrs. Chance, Nessmith and Lane of the 44th: A Bill to be entitled an Act to amend an Act so as to change the com pensation of the sheriff of Effingham County; and for other purposes.

2056

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.

HB 1920. By Messrs. Chance, Nessmith and Lane of the 44th:

A Bill to be entitled an Act to amend an Act so as to provide an annual

:

salary in lieu of the fee system for the solicitor of the State Court

of Effingham 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1921. By Messrs. Chance, Nessmith and Lane of the 44th:
A Bill to be entitled an Act to change the method of compensating the clerk of the superior court of Effingham County from the fee sys tem 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.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1923. By Messrs. Howard, Wilson, Atherton, Kreeger and McDaniell of the 117th:
A Bill to be entitled an Act to amend an Act so as to change certain costs in the State Court of Cobb County; and for other purposes.

FRIDAY, FEBRUARY 25, 1972

2057

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1924. By Mr. Maxwell of the 17th:
A Bill to be entitled an Act to provide for the appointment of the Madi son County School Superintendent by the Board of Education; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1927. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the members of the Board of Commissioners of Lowndes 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1928. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to be entitled an Act to consolidate the offices of Tax Receiver and Tax Collector of Echols County into the Office of Tax Commissioner of Echols County; and for other purposes.

2058

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.
HB 1929. By Messrs. Bennett, Barfield and Reaves of the 71st: A Bill to be entitled an Act to create the Echols County Water Author ity; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1932. By Messrs. Lane, Nessmith and Chance of the 44th:
A Bill to be entitled an Act to create the Perkins Water Authority in Jenkins 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1933. By Messrs. Adams of the 100th, Greer of the 95th, Alexander of the 96th and others:
A Bill to be entitled an Act to repeal an Act authorizing the governing authorities of certain counties to contract for additional group life in surance; and for other purposes.

FRIDAY, FEBRUARY 25, 1972

2059

The report 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 constitutional majority, was passed.

HB 1934. Messrs. Adams of the 100th, Greer of the 95th, Alexander of the 96th, and others:
A Bill to be entitled an Act to repeal an Act authorizing the commis sioners of Fulton County to provide group insurance; 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 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1935. By Messrs. Adams of the 100th, Greer of the 95th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act so as to authorize the clerk of the Municipal Court of Atlanta to dispose of original papers in dispossessory proceedings; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 104, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1936. By Mr. Hudson of the 28th:
A Bill to be entitled an Act to amend an Act so as to change the com pensation of the tax commissioner of Putnam County for clerical help; and for other purposes.

2060

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.

The following message was received from the Senate through Mr. McWhorter the Secretary thereof:
Mr. Speaker:
The Senate has adopted, as amended, by the requisite constitutional majority the following Resolution of the House, to-wit:

HR 636-1488. By Messrs. Knight, Potts, Mullinax and Ware of the 30th: A Resolution proposing an amendment to the Constitution so as to authorize the City of Newnan and its Board of Water, Sewerage and Light Commission to combine and operate the water and sewerage system and electric system as one revenue and to issue revenue bonds for extending or improving said facility; and for other purposes.
The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:
SB 235. By Senators Bateman of the 27th, Lester of the 23rd, Holloway of the 12th, Coggins of the 35th and others: A Bill to amend Section 100-101 of the Code of Ga. of 1933, as amended, so as to provide that the State Depository Board may name and appoint any building and loan association or Federal savings and loan associa tion which has its deposits insured by the Federal Savings and Loan Insurance Corporation; and for other purposes.
SB 459. By Senators Kidd of the 25th and Scott of the 17th: A Bill to amend an Act creating within the Department of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State, as amended particularly by an Act approved April 30, 1969; and for other purposes.
SB 484. By Senators Fincher of the 54th, Cox of the 21st, Summers and others: A Bill to provide that persons holding deposits shall be required to ac-

FRIDAY, FEBRUARY 25, 1972

2061

crue interest on such deposits on behalf of the persons who made such deposits; and for other purposes.

SB 490. By Senators Holloway of the 12th, Carter of the 14th, and Walling of the 42nd:
A Bill to amend the "Georgia Surface Mining Act of 1968", as amended, so as to provide a new definition for "surface mining"; to provide a new definition for "mining operator"; and for other purposes.

SB 517. By Senators Holloway of the 12th, and Carter of the 14th:
A Bill to amend an Act completely and exhaustively revising, supersed ing and consolidating the laws relating to game and fish, as amended, so as to provide to the public access to and freedom to fish in any of the salt water creeks, streams, estuaries, sounds, rivers or bays of this State; and for other purposes.

SB 548. By Senators Kidd of the 25th, Scott of the 17th, Hudgins of the 15th, and others:
A Bill to declare false, misleading or deceptive acts or practices in the conduct of any trade or commerce to be unlawful; to provide for a short title; and for other purposes.

SB 576. By Senator Coggin of the 35th:
A Bill to amend an Act providing for the establishment, maintenance, and administration of common trust funds by trust institutions, as amended, so as to define the term "affiliate:" and for other purposes.
SB 591. By Senator Eldridge of the 7th:
A Bill to amend an Act known as the Ga. Equine Act, approved April 30, 1969, so as to authorize the commissioner of Agriculture to prohibit or regulate the use of drugs, tranquilizers, or medications which may conceal defects, falsely enhance the appearance of quality or otherwise result in misrepresentation in the sale of equines; and for other pur poses.

SB 534. By Senator Eldridge of the 7th:
A Bill to repeal an Act providing that the State of Georgia shall be a party to "The Vehicle Equipment Safety Compact" and enacting said Compact into law; to provide that the State no longer be a party to said compact; and for other purposes.

2062

JOURNAL OF THE HOUSE,

The Senate has adopted by the requisite constitutional majority the follow ing Resolutions of the Senate, to-wit:

SR 212. By Senator Smalley of the 28th:
A Resolution proposing an amendment to the Constitution so as to provide certain requirements in connection with laws pertaining to re tirement and pension systems expending public funds; and for other purposes.

SR 289. By Senator Coggins of the 35th:
A Resolution to the Health Insurance for the aged act (medicare) so as to provide coverage for state, county, municipal and other political subdivision employees under the primary hospital insurance benefits; and for other purposes.

SR 317. By Senator Jackson of the 16th:
A Resolution commending Honorable Clarke W. Duncan; and for other purposes.

SR 234. By Senators Holloway of the 12th, Carter of the 14th and Webb of the llth:
A Resolution proposing an amendment to the Constitution, so as to change the provisions relative to amendments to the Constitution; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

SB 569. By Senators Hudgins of the 15th and Harry C. Jackson of the 16th:
A Bill to amend an Act entitled the "State Toll Bridge Authority Act", approved March 2, 1953 (Ga. L. 1953, Jan.-Feb. Sess. P. 302), as amended, so as to change the name of the State Toll Bridge Authority to the State Tollway Authority; and for other purposes.

SB 349. By Senator Hamilton of the 26th:
A Bill to make it unlawful for any person to operate any vehicle on any public road, street, or highway, while transporting any type of material which may spill from, fall from, be blown from, or otherwise be dis lodged from such vehicle, unless same has a protective covering; and for other purposes.

FRIDAY, FEBRUARY 25, 1972

2063

SB 603. By Senator Bateman of the 27th:
A Bill to amend an Act known as "The Municipal Home Rule Act of 1965", as amended, so as to provide for the legislative intent of said Act and a certain other Act granting certain basic powers to incorpo rated municipalities; to provide for all matters relative thereto; to provide an effective date; and for other purposes.

SB 627. By Senator Adams of the 5th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court and the Ordinary of Glynn County, known as the fee system; to provide in lieu thereof annual salaries for such officers; and for other purposes.

SB 630. By Senator Adams of the 5th:
A Bill to abolish the present mode of compensating the Tax Commis sioner of Glynn County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.

SB 645. By Senator Broun of the 46th:
A Bill to amend an Act known as the "Georgia Highway Authority Act", as amended, so as to redefine the words and terms "rural road", "urban road", and "urban county"; to provide an effective date; 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 235. By Senators Bateman of the 27th, Lester of the 23rd, Holloway of the 12th and others:
A Bill to be entitled an Act to amend Section 100-101 of the Code of Georgia of 1933, as amended, so as to provide that the State Depository Board may name and appoint any building and loan association or federal savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation; and for other purposes.
Referred to the Committee on Banks and Banking.

SB 349. By Senator Hamilton of the 26th:
A Bill to be entitled an Act to make it unlawful for any person to operate any vehicle on any public road, street, or highway, while transporting any type of material which may. spill from, fall from,

2064

JOURNAL OF THE HOUSE,

be blown from, or otherwise be dislodged from such vehicle, unless same has a protective covering; and for other purposes.
Referred to the Committee on Highways.

SB 459. By Senators Kidd of the 25th and Scott of the 17th:
A Bill to be entitled an Act to amend an Act creating within the De partment of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State; and for other purposes.
Referred to the Committee on Welfare.

SB 484. By Senators Fincher of the 54th, Cox of the 21st, Summers of the 53rd and others:
A Bill to be entitled an Act to provide that persons holding deposits shall be required to accrue interest on such deposits on behalf of the persons who made such deposits; and for other purposes.
Referred to the Committee on State of Republic.

SB 490. By Senators Holloway of the 12th, Carter of the 14th and Walling of the 42nd:
A Bill to be entitled an Act to amend the "Georgia Surface Mining Act of 1968", so as to provide a new definition for "surface mining"; and for other purposes.
Referred to the Committee on Natural Resources.

SB 517. By Senators Holloway of the 12th and Carter of the 14th:
A Bill to be entitled an Act to amend an Act relating to game and fish, as amended, so as to provide to the public access to and freedom to fish in any of the salt water creeks, streams, estuaries, sounds, rivers or bays of this State; and for other purposes.
Referred to the Committee on Game and Fish.

SB 534. By Senator Eldridge of the 7th:
A Bill to be entitled an Act to repeal an Act providing that the State of Georgia shall be a party to "The Vehicle Equipment Safety Com pact" and enacting said compact into law; to provide that the State of Georgia shall no longer be a party to said compact; and for other purposes.
Referred to the Committee on Motor Vehicles.

FRIDAY, FEBRUARY 25, 1972

2065

SB 548. By Senators Hudgins of the 15th, Scott of the 17th, Kidd of the 25th and others:
A Bill to be entitled an Act to declare false, misleading or deceptive acts or practices in the conduct of any trade or commerce to be unlaw ful; and for other purposes.
Referred to the Committee on Industry.

SB 569. By Senators Hudgins of the 15th and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act entitled the "State Toll Bridge Authority Act", so as to change the name of the State Toll Bridge Authority to the State Tollway Authority; and for other pur poses.
Referred to the Committee on Highways.

SB 576. By Senator Coggin of the 35th:
A Bill to be entitled an Act to amend an Act providing for the estab lishment, maintenance, and administration of common trust funds by trust institutions, so as to define the term "affiliate"; and for other purposes.
Referred to the Committee on Judiciary.

SB 591. By Senator Eldridge of the 7th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Equine Act", so as to authorize the Commissioner of Agriculture to prohibit or regulate the use of drugs, tranquilizers, or medications which may conceal defects, falsely enhance the appearance of quality or otherwise result in misrepresentation in the sale of equines; and for other purposes.
Referred to the Committee on Agriculture.

SR 212. By Senator Smalley of the 28th:
A Resolution proposing an amendment to the Constitution so as to provide certain requirements in connection with law's pertaining to re tirement and pension systems expending public funds; and for other purposes.
Referred to the Committee on Retirement.

SR 234. By Senators Holloway of the 12th, Carter of the 14th and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to

2066

JOURNAL OF THE HOUSE,

change the provisions relative to amendments to the Constitution; and for other purposes.
Referred to the Committee on Judiciary.

SR 289. By Senator Coggin of the 3'5th:
A Resolution urging an amendment to the Health Insurance for the Aged Act (Medicare) so as to provide coverage for State, county, mu nicipal and other political subdivision employees under the primary hospital insurance benefits; and for other purposes.
Referred to the Committee on Insurance.

SB 603. By Senator Bateman of the 27th:
A Bill to be entitled an Act to amend an Act known as "The Municipal Home Rule Act of 1965", so as to provide for the legislative intent of said Act and a certain other Act granting certain basic powers to in corporated municipalities; and for other purposes.
Referred to the Committee on Judiciary.

SB 627. By Senator Adams of the 5th:
A Bill to be entitled an Act to abolish the present mode of compen sating the Clerk of the Superior Court and the Ordinary of Glynn County, known as the fee system; to provide in lieu thereof an annual salary for such officers; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 630. By Senator Adams of the 5th:
A Bill to be entitled an Act to abolish the present mode of compensating the Tax Commissioner of Glynn County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 645. By Senators Broun of the 46th and Reynolds of the 48th:
A Bill to be entitled an Act to amend an Act known as the "Georgia Highway Authority Act", so as to redefine the words and terms "rural road", "urban road", and "urban county"; and for other purposes.
Referred to the Committee on Highways.

FRIDAY, FEBRUARY 25, 1972

2067

By unanimous consent, the following Bill of the Senate was withdrawn from the Committee on Health and Ecology and referred to the Committee on Special Judiciary:

SB 416. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend Code Title 79A, relating to phar macists, pharmacies, and drugs, as amended, so as to provide that the possession of certain devices used for unlawfully injecting or smoking certain drugs and narcotics shall be unlawful; and for other purposes.

By unanimous consent, the following Bill of the House was withdrawn from the Committee on Special Judiciary and referred to the Committee on Judiciary:

HB 1832. By Messrs. Russell of the 77th, Davis of the 75th, Vaughn of the 74th, Geisinger of the 72nd and others:
A Bill to be entitled an Act to provide for two additional judges of the superior courts of the Stone Mountain Judicial Circuit, so as to increase the number of judges in said circuit to seven; and for other purposes.

Mr. Groover of the 27th moved that the House reconsider its action in giving the requisite constitutional majority to the following Bill of the House:

HB 1155. By Messrs. Thomason of the 77th, Isenberg of the 67th, Bennett of the 81st, Leggett of the 67th, Carr of the 35th, Hudson of the 28th, Brown of the 81st and others:
A Bill to be entitled an Act to amend Code Title 30, relating to divorce and alimony, so as to completely and exhaustively revise, amend and supersede the laws of this State relating to divorce, alimony and sup porting of minors; 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., Jr. Adams, Marvin Alexander, W. M. Alien Barfield Bennett, J. T., Jr. Berry Black

Bohannon Brantley, H. L. Bray Chappell Cole Collins, M. Conger Davis, E. T.

Dean, J. E. Dorminy Fraser Gary Granade Grantham Griffin Groover

2068
Gunter Ham Harrington Harris Hill, G. Howell Hudson, C. M. Hudson, Ted Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Knowles Lambert Lane, Dick Larsen, W. W. Lee, W. J. (Bill)

JOURNAL OF THE HOUSE,

Lee, W. S. Leggett Logan Longino Lowrey Mauldin Maxwell
Miles Milford Moore Nessmith Northcutt Odom Patterson Peters Phillips, L. L. Poole Reaves Roach

Rush Russell, H. P. Salem Savage Sims Smith, J. R. Smith, V. T. Stephens Strickland Toles Triplett Tripp Turner Vaughn Wheeler, J. A. Whitmire Williams Wood, J. T.

Those voting in the negative were Messrs.

Alexander, W. H. Atherton Bell Bennett, Tom Bond Brown, C. Brown, S. P. Burruss Chance Cheeks Clements Collins, S. Coney, G. D. Coney, J. L. Connell Davis, W. Dean, N. Evans

Parrar Ployd, L. R. Geisinger Greer Hamilton Hays Horton Hutchinson Isenberg Larsen, G. K. Le vitas Marcus Melton Miller Moyer Mulherin Mullinax Noble

Nunn Pearce Phillips, G. S. Pinkston Ross Russell, A. B. Russell, W. B. Scarborough Sherman Smith, H. R. Snow Sorrells Thomason Thompson Townsend Wilson Wood, R. E.

Those not voting were Messrs.:

Adams, John Battle Blackshear Bostick Bowen Brantley, H. H. Brown, B. D. Buck Busbee

Carr Carter Chandler Collier Colwell Cook Dailey Daugherty Dean, Gib

Dent Dixon Drury Edwards Egan Ezzard Pelton Floyd, J. H. Gaynor

Gignilliat Grahl Harrison Hawes Hill, B. L. Hood Housley Howard King Knight Kreeger Lane, W. J.

FRIDAY, FEBRUARY 25, 1972

2069

Lewis Mason Matthews, C. Matthews, D. R. McCracken McDaniell McDonald Merritt Morgan Murphy Oxford Patten

Phillips, W. R. Pickard Potts Rainey Shanahan Shepherd Sweat Wamble Ware Wheeler, Bobby Mr. Speaker

On the motion, the ayes were 80, nays 53.

The motion prevailed and the House reconsidered its action in giving the requisite constitutional majority to HB 1155.

Under the general order of business, established by the Committee on Rules, the following Bills and Resolution of the House were taken up for consideration and read the third time:

HB 1434. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend an Act providing how motorcycles shall be operated and providing that certain equipment and devices must be on certain motorcycles, so as to require persons operating or riding upon motorcycles to wear some type of footwear; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Atherton Barfield Battle

Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond

Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, S. P.

2070
Buck Burruss Carter Chance Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Edwards Evans Ezzard Felton Floyd, J. H. Floyd, L. E. Fraser Gary Geisinger Gignilliat Granade Grantham Greer Griffin Groover Gunter Ham Hamilton Harrington Harris

JOURNAL OF THE HOUSE,

Harrison Hawes Hays Horton Housley Hudson, C. M. Hudson, Ted Hutchinson
Jeasup 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 Matthews, C. Mauldin Maxwell McDaniell McDonald
Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax

Nessmith Noble Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Pinkston Potts Reaves Roach Russell, A. B. Russell, H. P. Salem Savage Scarborough Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens Strickland Thompson Toles Triplett Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Alien Blackshear Brown, C. Busbee Carr Chandler Chappell

Dean, Gib Dixon Dorminy Drury Egan Farrar Gaynor Grahl

Hill, B. L. Hill, G. Hood Howard Howell Isenberg Larsen, W. W. Levitas

Marcus Mason Matthews, D. R. McCracken Melton Merritt Murphy Northcutt

FRIDAY, FEBRUARY 25, 1972

2071

Phillips, W. R. Pickard Poole Rainey Ross Rush Russell, W. B. Shanahan

Shepherd Sorrells Sweat Thomason Townsend Wamble, B. M. Mr. Speaker

On the passage of the Bill, the ayes were 148, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1435. By Mr. Johnson of the 29th:
A Bill to be entitled an Act to amend the "Uniform Act Regulating Traffic on Highways" so as to require every motorcycle to be equipped with at least one brake for each wheel; and for other purposes.

The following amendment was read and adopted:

Mr. Johnson of the 29th moves to amend HB 1435 as follows:
By striking in their entirety lines 13 through 21 of page 2 and substituting in lieu thereof the following:
"e. A steering axis which will provide that Point B will be forward of Point A by more than 4 inches or to the rear of Point A by more than 1 inch. Point A is that point at which a line per pendicular to the ground which passes through the center of the front wheel will intersect the ground. Point B is that point at which a line extended through the steering axis when measured through the center of the steering head of the vehicle will intersect the ground.
d. Fenders missing from any wheel."

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:

2072

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 Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D.
Brown, C. Burruss
Busbee Carr Carter
Chance Chappell
Cheeks Clements Cole
Coney, J. L. Conger Connell Cook
Dailey Daugherty Davis, E. T. Dean, J. E.
Dean, N. Dent Dixon Edwards Egan
Ezzard
Floyd, J. H. Floyd, L. R.
Fraser Gary Gignilliat
Granade

Grantham Greer Griffin Groover Ham Hamilton Harris Harrison Hawes Hays 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
Longino Lowrey Marcus Mauldin McDaniell
McDonald Melton Merritt Miles

Milford Morgan Moyer Mulherin Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Poole
Potts Reaves
Roach Rush
Russell, H. P.
Salem Savage Shanahan Sherman
Sims
Smith, H. R. Smith, J. R. Smith, V. T. Snow Stephens
Strickland
Sweat Thompson
Toles Triplett Tripp
Turner Vaughn Wamble Wheeler, Bobby Whitmire
Williams Wilson
Wood, J. T. Wood, R. E.

FRIDAY, FEBRUARY 25, 1972

2073

Those voting in the negative were Messrs.:

Bell Bennett, Tom Brown, S. P. Coney, G. D.

Evans Miller Noble Pinkston

Scarborough Sorrells Thomason Wheeler, J. A.

Those not voting were Messrs.:

Barfield Battle Bennett, J. T.
Brantley, H. H. Buck
Chandler Collier
Collins, M. Collins, S. Colwell
Davis, W. Dean, Gib
Dorminy Drury Farrar

Felton Gaynor Geisinger
Grahl Gunter
Harrington Hill, B. L.
Hill, G. Hood Jones, J. R.
Knight Mason
Matthews, C. Matthews, D. R. Maxwell

McCracken Moore Mullinax
Murphy Phillips, W. R.
Pickard Rainey
Ross Russell, A. B. Russell, W. B.
Shepherd Townsend
Ware Mr. Speaker

On the passage of the Bill, as amended, the ayes were 139, nays 12.

The Bill, having received the requisite constitutional majority, was passed, as amended.

HB 1845. By Messrs. Wood of the llth, Oxford of the 46th, Fraser of the 59th, Milford and Mauldin of the 12th, Smith of the 39th and others:
A Bill to be entitled an Act to amend Code Title 56, relating to insur ance, so as to authorize the Secretary of State to forfeit the charter of hospital service non-profit corporations and non-profit medical service corporations if the Insurance Commissioners finds and certifies that certain conditions exist; and for other purposes.

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:

2074

JOURNAL OF THE HOUSE,

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. Adams, Marvin Alexander, W. H. Alien Atherton Battle Bennett, Tom Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook
Dailey
Daugherty
Davis, E. T.
Davis, W.
Dean, N.
Dent
Dixon
Edwards
Egan
Evans
Ezzard
Floyd, J. H.
Floyd, L. R.

Fraser Gary Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton 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
McDaniell
McDonald
Melton

Miles Milford Miller Moore Morgan Moyer Mulherin Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens
Strickland
Sweat
Triplett
Tripp
Turner
Wamble
Wheeler, Bobby
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

FRIDAY, FEBRUARY 25, 1972

2075

Those not voting were Messrs.:

Adams, John Alexander, W. M. Barfield Bell Bennett, J. T., Jr. Carr Colwell Dean, Gib Dean, J. E. Dorminy Drury Farrar Felton Gaynor Hill, B. L.

Hood Howell Hudson, C. M. King Knight Longino Lowrey Mason Matthews, D. R. McCracken Merritt Mullinax Murphy Noble

Phillips, G. S. Pickard Rainey Ross Rush Sims Thomason Thompson Toles Townsend Vaughn Ware Wheeler, J. A. Mr. Speaker

On the passage of the Bill, the ayes were 152, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HR 737-1712. By Messrs. Egan of the 116th and Wilson 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 educational scholar ships and to establish the terms and conditions of educational scholar ships.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section I, Paragraph II (7) of the Consti tution of the State of Georgia is hereby amended by striking from the first sentence thereof the following words:
"graduate or postgraduate"
and by changing the second sentence to read as follows:
"but shall include the condition that personnel to whom the scholarships are extended must, as a prerequisite thereto agree to work for the department or agency granting the scholarships for at least one year for each year spent in study or refund the money received for such scholarships pro rata."

2076

JOURNAL OF THE HOUSE,

so that when amended said subparagraph shall read as follows:

"State departments and agencies of the State government of Georgia shall have the authority to disburse State funds to match federal funds in order to provide qualified employees with educa tional scholarships and for use in other federal education programs but shall include the condition that personnel to whom the scholar ships are extended must, as a prerequisite thereto agree to work for the department or agency granting the scholarships for at least one year for each year spent in study or refund the money received for such scholarships pro rata. The terms and conditions thereof shall be prescribed and regulated by the various departments and agencies granting the scholarships. Provided further that no addi tional appropriation shall be made by the General Assembly to fi nance such scholarships, but the same shall be financed from the regular appropriations to the various State departments and State agencies. It shall be the duty of the various State departments and State agencies to receive and pass upon, allow or disallow all ap plications for scholarships in accordance with rules and regula tions prescribed by them; to contract, increase, decrease, terminate and otherwise regulate all grants for scholarships; and to manage, operate and to control all funds used for this purpose."

Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds of members elected to each of the two branches of the General Assembly and when the same has been entered on their journal with the "Ayes" and "Nays" taken there on, the Governor is authorized and instructed to cause such proposed amendment to be published as provided in Article XIII, Section I, Para graph I, of the Constitution of the State of Georgia of 1945, as amended. Such proposed amendment shall be submitted as provided in said para graph. The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"For ratification of amendment to authorize State departments and State agencies to disburse State funds to match federal funds in order to provide qualified employees with subprofessional, techni cal and professional educational scholarships and to establish the terms and Conditions of educational scholarships."

"Against ratification of amendment to authorize State depart ments and State agencies to disburse State funds to match federal funds in order to provide qualified employees with subprofessional, technical and professional educational scholarships and to establish the terms and conditions of educational scholarships."

If such amendment shall be ratified as provided in said paragraph of the Constitution, it shall become a part of the Constitution of this state. The returns of the election shall be made in like manner as re turns for elections for members of the General Assembly and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor who shall, if such amendment be ratified, make proclamation thereof.

FRIDAY, FEBRUARY 25, 1972

2077

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 was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Berry Black Blackshear Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Buck Burruss Busbee Carter Chance Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dorminy Egan Ezzard Pelton

Floyd, J. H. Floyd, L. R. Fraser Gaynor Gei singer Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Hamilton Harrington Harris Harrison Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. S. Leggett Le vitas Lewis

Logan Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Miles Milford Miller Moore Morgan Moyer Mulherin Murphy Nes smith Noble Nunn Odom Oxford Patterson Patten Pearce Peters 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 Scarborough Shanahan Shepherd Sherman Sims

2078
Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland

JOURNAL OF THE HOUSE,

Thomason Townsend Triplett Tripp Turner Vaughn Wamble

Ware Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, John Adams, Marvin Barfield Bennett, J. T., Jr. Bennett, Tom Bray Brown, S. P. Carr Chandler Chappell Colwell Coney, G. D. Dean, J. E. Dixon

Drury Edwards Evans Farrar Gary Ham Hawes Hill, B. L. Hood Knight Larsen, W. W. Lee, W. J. (Bill) Longino Lowrey

Marcus McCracken Merritt Mullinax Northcutt Pickard Pinkston Rainey Rush Sweat Thompson Toles Wheeler, J. A. Mr. Speaker

On the adoption of the Resolution, the ayes were 153, nays 0.

The Resolution, having received the requisite two-thirds constitutional major ity, was adopted.

Mr. Ham of the 33rd stated that he had been called from the floor of the House when the roll was called on HR 737-1713, but had he been present would have voted "aye".

HB 1778. By Mr. Lee of the 21st:
A Bill to be entitled an Act to amend Code Section 114-709, relating to review of award or settlement, so as to change the provisions which state that a new award shall not affect any compensation actually paid to any employee; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill,. was agreed to.

FRIDAY, FEBRUARY 25, 1972

2079

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., Jr. 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. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Edwards

Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Groover Gunter Ham Hamilton Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan

Longino Lowrey Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Miles Milford Miller Moore Morgan Mulherin Murphy Nessmith Noble Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Poole Potts Reaves Roach Rush Russell, A. B. Russell, H. P. Russell, W. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Sorrells Stephens

2080
Strickland Toles Triplett Trip

JOURNAL OF THE HOUSE,

Turner Wamble Wheeler, Bobby Whitmire

Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Bennett, J. T. Blackshear Brown, S. P. Chandler Cook Dixon Drury Egan Parrar Greer Harrington

Hill, B. L. Hood King Knight Lewis Marcus McCracken Merritt Moyer Mullinax Pickard Pinkston

Rainey Ross Salem Snow Sweat Thomason Thompson Townsend Vaughn Ware Wheeler, J. A. 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 1672. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act providing an additional method for the exercise of the power of eminent domain before a special master, as amended, so as to change the compensation of the special master; and for other purposes.

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., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien

Atherton Barfield Battle Bell Bennett, J. T., Jr. 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
Dailey
Daugherty
Davis, E. T.
Davis, W.
Dean, Gib
Dean, N.
Dent
Dorminy
Edwards
Egan
Evans Ezzard
Felton
Floyd, J. H.
Floyd, L. R.
Gary
Gaynor
Geisinger
Gignilliat
Grahl
Granade
Grantham
Greer
Griffin

FRIDAY, FEBRUARY 25, 1972

2081

Groover Gunter Ham Harrington Harris Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King
Knowles
Kreeger
Lambert
Lane, Dick
Lane, W. J.
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S.
Leggett
Logan
Longino
Lowrey
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McDaniell
McDonald
Melton
Miles
Milford
Miller
Moore
Moyer
Mulherin

Mullinax Murphy Nessmith ' Nunn Odom Oxford Patterson 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.
Savage
Scarborough
Shanahan
Shepherd
Sherman
Sims
Smith, H. R.
Smith, J. R.
Smith, V. T.
Snow
Sorrells
Stephens
Strickland
Thomason
Toles
Triplett
Tripp
Turner
Vaughn
Wamble
Ware
Wheeler, Bobby
Whitmire Williams
Wilson
Wood, J. T.
Wood, R. E.

2082

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Cook Dean, J. E. Dixon Drury Farrar Fraser Hamilton Harrison Hill, B. L. Hood

Hutchinson Knight Levitas Lewis Marcus McCracken Merritt Morgan Noble Northcutt

Patten Pickard Rainey Salem Sweat Thompson Townsend 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.

The Speaker Pro Tern assumed the Chair.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:
HB 1474. By Mr. Levitas of the 77th: A Bill to be entitled an Act to authorize counties to levy a tax for public health and sanitation purposes, including water pollution con trol projects, sewage treatment facilities, storm and sanitary sewer facilities, and water facilities; and for other purposes.
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., Jr. Adams, John Adams, Marvin

Alexander, W. H. Alexander, W. M. Atherton

Barfield Battle Bennett, J. T., Jr.

Bennett, Tom Bohannon Bond Bostick Bowen Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Busbee Carr Carter Chance Cheeks Clements Cole Collier Colwell Coney, G. D.
Coney, J. L.
Conger
Connell
Daugherty
Davis, E. T.
Davis, W.
Dean, Gib
Dean, N.
Dent
Dorminy
Drury
Edwards
Evans
Ezzard
Floyd, J. H.
Eraser
Gary
Geisinger
Gignilliat
Granade
Grantham
Griffin
Groover Gunter

FRIDAY, FEBRUARY 25, 1972

2083

Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg 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.
Leggett
Levitas
Logan
Lowrey
Marcus
Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McDaniell
McDonald
Melton
Miles
Milford

Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Odom Oxford Patterson Phillips, G. S. Phillips, W. R. Poole Potts Roach Russell, A. B. Russell, H. P. Russell, W. B.
Savage
Scarborough
Shanahan
Sherman
Sims
Smith, H. R.
Smith, J. R.
Smith, V. T..
Snow
Sorrells
Stephens
Strickland
Thomason
Thompson
Toles
Tripp
Turner
Ware
Wheeler, Bobby
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

Those voting in the negative were Messrs.:

Chappell

Collins, S.

Rush

2084

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Alien Bell Berry Black Blackshear Brantley, H. H. Burruss Chandler Collins, M. Cook Dailey
Dean, J. E. Dixon Egan Farrar Felton

Floyd, L. R. Gaynor Grahl Greer Hill, B. L. Hood Howell Johnson Jones, Herb Lewis Longino
McCracken Merritt Murphy Patten Pearce

Peters Phillips, L. L. Pickard Pinkston Rainey Reaves Ross Salem Shepherd Sweat Townsend
Triplett Vaughn Wamble Wheeler, J. A. 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 1223. By Messrs. Jordan of the 74th, Bell of the 73rd, Smith of the 3rd, Brown of the 32nd, Larsen of the 113th, Noble of the 73rd, Gary of the 21st, Berry of the 85th, Coney of the 118th and others:
A Bill to be entitled an Act to provide a procedure for the review of certain applications for rezoning by certain State departments and for the submission of certain reports in connection therewith; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to provide a procedure for the review of cer tain applications for rezoning by certain State departments and boards of education and for the submission of certain reports in connection therewith; to provide for all procedures, requirements and other mat ters relative to the foregoing; to provide for the applicability of this Act; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. (a) Subject to the provisions of Section 3 of this Act, whenever any application for rezoning involves 5 or more acres, it shall fee the duty of the local planning commission having jurisdiction

FRIDAY, FEBRUARY 25, 1972

2085

over the land to be considered for rezoning, within 5 days after sucb application is submitted to it, to notify, in writing, the Georgia Depart ment of Public Health, the State Water Quality Control Board, or the State environmental regulatory agency concerned, the local board of education affected and the State Highway Department that such appli cation is pending. Such notification shall include a description of the land to be considered for rezoning, its location, its present zoning, the use to which the land would be put if the application for rezoning were approved, and, if available, the conclusions of the local planning com mission's impact study relative to such rezoning.

(b) Within 30 days after receiving the notification provided for in subsection (a) of this Section, it shall be the duty of each of the local boards of education affected and the State departments or agencies named in said subsection to submit a report to the local planning com mission which submitted the notification and to the governing authority of the local government or governments having jurisdiction of the land being considered for rezoning. The purpose of such reports shall be to provide guidance for the local planning commission and the local gov erning authority relative to the results that could reasonably be ex pected if the application for rezoning were approved and shall include the following information:
(1) The report of the Department of Public Health shall show expected results relative to air pollution, noise pollution, adequacy of water supplies, adequacy of health care facilities and adequacy of solid waste disposal facilities in the area or areas that would be affected by the rezoning.
(2) The report of the State Water Quality Control Board, or other environmental regulatory agency concerned, shall show ex pected results relative to the adequacy of sewers, sewage treatment facilities, surface water runoff sewer facilities and water quality generally in the area or areas that would be affected by the rezoning.
(3) The report of the local board of education shall show ex pected results relative to the adequacy of public schools in the area or areas that would be affected by the rezoning.

(4) The report of the State Highway Department shall show

expected results relative to plans of the Department that would af

fect the area being considered for rezoning and the adequacy of

streets and highways in the area or areas that would be affected

by the rezoning.

:

(c) The reports provided for in subsection (b) of this Section may show such additional information as the local board of education, the department or agency preparing same may deem to be useful to the local planning commission and local government in reaching the decisioii on the application for rezoning.

(d) The reports provided for in subsection (b) of this Section shall be public records and shall be made available for inspection by the

2086

JOURNAL OF THE HOUSE,

public in the office of local planning commissions and in the offices of county and municipal governing authorities at all times during normal working hours.

Section 2. Nothing in this Act shall be construed so as to deny local governments the authority to approve or disapprove applications for rezoning, but the procedure required by this Act shall be completed before an application for rezoning is finally approved by a local govern
ing authority, unless the reports provided for in subsection (b) of Sec tion 1 are not submitted within the time limitation provided by said subsection, in which event the application for rezoning may be acted upon without such reports.

Section 3. This Act shall be applicable only in those areas of this State comprising Standard Metropolitan Statistical Areas as defined by the U. S. Executive Office of the President, Standard Metropolitan Statistical Areas 1967, Part I Criteria, Office of Management and Budget.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. McDaniell of the 117th moved that HB 1223, having been previously re ported out of the Committee on Health and Ecology, by Committee substitute, be withdrawn from further consideration and referred 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., Jr. Adams, John Alexander, W. H.
Atherton Barfield Battle Bennett, J. T., Jr. Bennett, Tom Black Bond
Brantley, H. H. Brantley, H. L. Bray Brown, B. D.
Brown, S. P. Buck Burruss
Busbee Carr

Carter Cheeks Clements
Cole Collins, M. Colwell Coney, G. D. Conger Connell Cook
Dailey Daugherty Davis, E. T. Dean, J. E.
Dent Dixon Dorminy
Edwards Evans

Ezzard Felton Floyd, J. H.
Floyd, L. R. Fraser Gary Grahl Griffin Groover Gunter
Hamilton Harrington Harris Harrison
Hays Horton Housley
Howard Howell

FRIDAY, FEBRUARY 25, 1972

2087

Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson
Keyton King
Knight Knowles Kreeger
Lane, Dick Lane, W. J. Lee, W. J. (Bill) Levitas Lewis Logan Longino
Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell

Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Rainey

Reaves Roach Russell, H. P. Salem Scarborough Shanahan Sherman Smith, H. R. Smith, V. T. Snow Sorrells Sweat Thomason Thompson
Toles Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T.

Those voting in the negative were Messrs.

Adams, Marvin Alexander, W. M. Bell Bo wen Brown, C.
Chance Collins, S. Coney, J. L.
Davis, W. Dean, N. Drury Egan

Geisinger Greer Ham Hawes Hill, G. Jessup Jones, J. R. Jordan
Larsen, G. K. Lee, W. S. Leggett Melton

Noble Russell, A. B.
Russell, W. B. Sims Smith, J. R, Stephens Strickland
Tripp Vaughn Wood, R. E.

Those not voting were Messrs.:

Alien Berry Blackshear Bohannon Bostick Chandler Chappell Collier Dean, Gib Farrar Gaynor

Gignilliat Granade Grantham Hill, B. L. Hood Jones, Herb Lambert Larsen, W. W. Mason McCracken McDonald

Murphy Phillips, L. L. Pickard Ross Rush Savage Shepherd Townsend Triplett Mr. Speaker

2088

JOURNAL OF THE HOUSE,

On the motion, the ayes were 129, nays 34.

The motion prevailed.

Mr. Brantley of the 114th arose to a point of personal privilege and ad dressed the House.

Mr. Logan of the 16th arose to a point of personal privilege and addressed the House.

Under the general order of business, established by the Committee on Rules, the following Resolution of the House was again taken up for consideration:
HR 552-1264. By Mr. Rush of the 51st: A Resolution authorizing and directing the State Highway Department to designate a bridge in Long County as the Ivy Melvin Hendrix, Jr., Bridge; and for other purposes.
The Committee amendment was read and withdrawn by unanimous consent.
The following amendment was read and adopted:
Mr. Rush of the 51st moves to amend HR 552-1264 as follows: By striking the language beginning on line 23 of page 1, which
reads as follows: "and upon being furnished an appropriate plaque the State
Highway Department shall erect same on said bridge", and by inserting in lieu thereof the following:
"and inscribing an appropriate plaque on said bridge for said purpose".
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to, as amended.
On the adoption of the Resolution, as amended, the roll call was ordered and the vote was as follows:

FRIDAY, FEBRUARY 25, 1972

2089

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 Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Burruss Busbee Carter Chance Chandler Chappell Cheeks Clements Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Drury Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser

Gary Gaynor Gignilliat Grahl Granade Grantham Greer Griffin Gunter Harrington Harris Harrison Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan 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 McDaniell McDonald Melton Merritt Miles Milford

Miller Moore Morgan Mulherin Mullinax Nessmith Noble Northcutt Odom Oxford Patterson Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Toles Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

2090

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Alexander, W. M. Berry Blackshear Buck Carr Collier Colwell Cook Dean, J. E. Dorminy Egan Geisinger

Groover Ham Hamilton Hawes Hill, B. L. Hood Keyton King Levitas McCracken Moyer Murphy

Nunn Patten Pearce Phillips, G. S. Pickard Russell, H. P. Russell, W. B. Thompson Townsend Mr. Speaker

On the adoption of the Resolution, as amended, the ayes were 161, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, as amended.

Mr. Nunn of the 41st stated that he had been called from the floor of the House when the roll was called on HR 552-1264, as amended, but had he been present would have voted "aye".

The Speaker assumed the Chair.

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 1639. By Messrs. Atherton, Burruss, Housley, Wilson, McDaniell and Kreeger of the 117th:
A Bill to be entitled an Act to amend the Act of the General Assembly known as the "Georgia Health Code", as amended, so as to provide a new definition for "Hospital Authority" and inserting a new section between Sections 88-1803 and 88-1804 to be designated Section 88-1803.1 creating an additional Hospital Authority in certain counties; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

FRIDAY, FEBRUARY 25, 1972

2091

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T., Jr. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee Carter Chance Chandler Chappell Cheeks Clements Cole Collier 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 Drury Edwards

Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Granade Grantham Greer Griffin Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. 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 Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford Miller Morgan Moyer Mulherin Mullinax Murphy Noble Northeutt Nunn Oxford Patterson Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Russell, A. B. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thompson

2092
Toles Triplett Turner Vaughn Wamble

JOURNAL OP THE HOUSE,

Ware Wheeler, Bobby Wheeler, J. A. Whitmire

Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Adams, S. D., Jr. Blackshear Brown, S. P. Buck Carr Collins, M. Colwell Dorminy Gaynor Grahl Groover Gunter

Hill, B. L. Hill, G. Hood Jordan Keyton Lane, W. J. Levitas Matthews, C. Matthews, D. R. McCracken Moore Nessmith

Odom Patten Phillips, G. S.
Pickard Rainey
Rush Russell, H. P. Thomason Townsend
Tripp Mr. Speaker

On the passage of the Bill, the ayes were 160, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1769. By Messrs. Miles and Mulherin of the 78th, Dent and Connell of the 79th and Sherman of the 80th:
A Bill to be entitled an Act to amend Code Section 68-205, relating to the registration of motor vehicles and applications therefor, as amended, particularly by an Act approved March 4, 1955, so as to remove there from the requirement that such applications must be sworn to; and for other purposes.

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., Jr. Adams, John Adams, Marvin

Alexander, W. H. Alexander, W. M. Alien

Atherton Barfield Battle

FRIDAY, FEBRUARY 25, 1972

2093

Bell Bennett, J. T., Jr. 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
Dailey
Daugherty
Davis, E. T. Davis, W.
Dean, Gib.
Dean, J. E.
Dean, N.
Dent
Dorminy
Drury Edwards Egan
Evans Ezzard
Farrar Felton
Floyd, J. H.
Floyd, L. R.

Fraser Gary Geisinger Gignilliat Granade Grantham Greer Griffin Ham Hamilton Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted
Hutchinson Isenberg
Johnson
Jones, Herb
Jones, J. R.
King
Knight
Knowles
Kreeger
Lambert
Lane, Dick
Larsen, G. K.
Larsen, W. W.
Lee, W. J. (Bill)
Lee, W. S. Leggett
Lewis
Longino
Lowrey
Marcus
Mason
Matthews, C. Matthews, D. R.
Mauldin McDaniell
McDonald Melton
Merritt Miles

Milford Miller Morgan Moyer Mulherin Mullinax Murphy Noble Nunn Oxford Patterson Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Reaves Roach Ross Russell, A. B.
Russell, W. B. Salem
Savage
Scarborough
Shanahan
Shepherd
Sherman
Sims
- Smith, H. R.
Smith, V. T.
Snow
Sorrells
Stephens
Strickland
Thompson
Toles
Triplett
Turner
Vaughn
Wamble
Ware Wheeler, Bobby
Wheeler, J. A. Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

2094

JOURNAL OF THE HOUSE,

Those not voting were Messrs.:

Berry Blackshear Buck Colwell Dixon Gaynor Grahl Groover Gunter Hill, B. L. Hill, G. Hood
Jessup

Jordan Keyton Lane, W. J. Levitas Logan Maxwell McCracken Moore Nessmith Northcutt Odom Patten

Pearce Phillips, G. S. Pickard Rainey Rush Russell, H. P. Smith, J. R. Sweat Thomason Townsend Tripp Mr. Speaker

On the passage of the Bill, the ayes were 158, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1704. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to comprehensively and exhaustively revise, supersede, and modernize procedure for review of assessments made by county boards of tax assessors; to provide for county boards of equaliza tion; and for other purposes.

The following committee substitute was read and adopted:
A BILL
To be entitled an Act comprehensively and exhaustively to revise, supersede, and modernize procedure for review of assessments made by county boards of tax assessors; to provide for county boards of equaliza tion; to provide for qualifications of members and alternate members of the boards of equalization; to provide for the manner in which members and alternate members of the boards of equalization shall be selected; to provide for terms of the members and alternate members of boards of equalization; to provide for the duties of the boards of equalization; to provide for appeals to the boards of equalization from assessments made by the board of tax assessors; to provide for appeals to the su perior courts from decisions of boards of equalization; to provide for the duties of alternate members of boards of equalization; to provide for disqualification of members of the boards of equalization for favor or interest with respect to appeal; to provide for compensation; to repeal Code Section 92-6912 relating to arbitration; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:

FRIDAY, FEBRUARY 25, 1972

2095

Section 1. There is hereby established in each of the several coun ties of the State a county board of equalization which shall consist of three members and three alternate members who shall be appointed in the manner and for the term set forth hereinafter. In those counties having more than 25,000 parcels of real estate, the governing authority may by appropriate resolution adopted on or before November 1 each year elect to have selected one additional county board of equalization for each 25,000 parcels of real estate or any part thereof exceeding 25,000 parcels.

Section 2. Qualifications. (A) No person shall serve as a mem ber of the county board of equalization unless he shall meet the qualifi cations under Subsection (B).

(B) Qualifications. Each person qualified, competent and compellable to serve as grand jurors who is an owner of real property and who is a high school graduate or more shall be qualified, competent and compellable to serve as members or alternate members of the county board of equalization. No person shall be competent to serve as a member or alternate member of the county board of equalization who is exempt from jury duty under Section 59-112 of the Georgia Code of 1933.

Section 3. Appointment. (A) Members and alternate members of the county board of equalization shall be appointed for the term of the calendar year next succeeding the date of their selection.

(B) On or before November 1st of each year the board of jury com missioners in each county shall, from the jury list then current, de termine the names of the citizens of the county who meet the qualifi cations herein prescribed. From the list of qualified persons, there shall be selected by the commissioners not less than 25 nor more than 50 names for each local board of equalization to be selected; and the jury com missioners shall place each name on a separate ticket. The tickets con taining the names of the persons so selected shall be placed in a box to be provided at public expense. The box shall be sealed and delivered to the clerk of the superior court.

(C) On or before November 20th of each year, the judge of the su perior court in open court shall break the seal of the box and shall draw from the box the names of six persons for each board of equalization to be chosen. The first three names of each six drawn from the box shall serve as members of that county board of equalization for the term of (1) calendar year beginning January 1st following the date of selection. The remaining three shall serve as alternate members of that county board of equalization for the term of one (1) calendar year beginning January 1st following the date of selection.

(D) Within five days after the names of the members and alternate members of the county board or boards of equalization shall have been drawn by the judge of the superior court, the clerk of the superior court shall issue and deliver to the sheriff, or his deputy, a precept containing the names of the persons so drawn. Upon receipt of the precept and within ten days thereof, the sheriff, or his deputy, shall cause the persons whose names are herein written to be served per-

2096

JOURNAL OF THE HOUSE,

sonally or by leaving the summons at their most notorious place of residence. The summons shall direct the persons so named to appear before the clerk of the superior court on a date specified therein, which date shall not be later than December 15th.

(E) Members and alternate members of the county board of equali zation, on the date prescribed for appearance before the clerk of the superior court and before entering on the discharge of their duties, shall take and subscribe before the clerk of the superior court the following oath: "You shall faithfully and impartially discharge the duty of mem bers and alternate members of the board of equalization for the county of-_--___-____-, in accordance with the Constitution and laws of this State, to the best of your skill and knowledge. So help you God."

Section 4. Duties and Powers. (A) The county board of equaliza tion shall hear and determine appeals from assessments as provided in Section 5.
(B) If, in the course of determining an appeal, whether or not the appellant has raised such issue, the county board of equalization finds reason to believe that the property involved in the appeal or the class of property in which is included the property involved in the appeal is not uniformly assessed with other property included in the digest, the county board of equalization shall request the respective parties to the appeal to present relevant information with respect to that question. If the board determines that uniformity is not present, the board shall have the power to order the county board of tax assessors to take such action as is necessary to obtain uniformity.
Section 5. Appeal. (A) Any taxpayer may appeal from an assess ment by the board of tax assessors to the county board of equalization as to matters of taxability, uniformity of assessment, and value in the manner herein provided.
(B) An Appeal shall be effected by filing with the local board of tax assessors a notice of appeal within the time provided. The notice of appeal shall specifically state the grounds for appeal. The local board of assessors shall review the valuation or valuations in question; and if any changes or corrections are made in the valuation or valuations in question, the board shall send a notice to the taxpayer of such changes or corrections pursuant to Code Section 92-6911 of the Georgia Code of 1933. If no changes or corrections are made in the valuation, the board of tax assessors shall certify the notice for appeal and all necessary papers to the county board of equalization.

(C) A notice of appeal, in the case of residents of the county, shall be filed with the local board of tax assessors within ten (10) days from the date of giving the notice pursuant to said Code Section 92-6911 or subsection (B) above. A notice of appeal, in the case of a non-resident of the county, shall be filed with the board of tax assessors within twenty (20) days from the giving of such notice, as provided in Code Section 92-6911 or subsection (B) above.
(D) The determination of the local board of tax assessors as to

FRIDAY, FEBRUARY 25, 1972

2097

questions of fact shall be deemed prima facie correct in any appeal to the county board of equalization.

(E) (1) The board shall determine all questions presented to them on the basis of the best information available to them.

(2) The State Revenue Commissioner may by regulation adopt uni form procedures and standards which, when approved by the State Board of Equalization, shall be followed by county boards of equaliza tion in determining an appeal.

(F) (1) Within ten (10) days of the receipt of the notice of ap peal, the county board of equalization shall set a date for a hearing on the questions presented and shall so notify the taxpayer and the board of tax assessors in writing.
(2) Within thirty (30) days of the date of notification to the taxpayer of the hearing required herein, but not earlier than twenty (20) days from the date of such notification to the taxpayer of the hearing required herein, the county board of equalization shall hold such hearing to determine the questions presented.

(3) The decision of the board shall be in writing signed by each member of the county board of equalization, shall specifically decide each question presented by the appeal, shall state that with respect to the appeal no member of the board is disqualified from acting by virtue of the provisions of Section 8 hereof and shall certify the date on which notice of the decision is given to the parties. Notice of the decision shall be given to each party by sending copy of the decision by registered mail to the appellant and by filing the original copy of the decision with the county board of tax assessors. All three members must be present and participate in the deliberations on any appeal. A majority vote shall be required in any matter. All three must sign the decision indicating their vote.

(G) The board of tax assessors shall furnish the necessary facili ties and clerical help, and the secretary of the board of tax assessors shall serve as secretary of the county board of equalization and shall see that the records and information of the board of tax assessors and the staff are transmitted to the county board of equalization. Said board of equalization must consider the information furnished in the perform ance of their duties.
Section 6. Appeals to the Superior Court. (A) The taxpayer or the county board of tax assessors may appeal to the superior court of the county in which the land lies from the decisions of the county board of equalization.
(B) An appeal by the taxpayer shall be effected by filing with the county board of tax assessors a written notice of appeal. An appeal by the county assessors shall be effected by giving notice to the tax payer in the same manner as provided in Code Section 92-6911. The notice in either case shall be filed within ten (10) days from the date on which the decision of the local board of equalization is mailed pur-

2098

JOURNAL OF THE HOUSE,

suant to Section 5 (f) (2) hereof. The notice of appeal shall specifically State the grounds for appeal. The county board of tax assessors shall certify the notice of appeal, all other necessary papers, including the staff information from the file used by either the board of tax assessors or the board of equalization, all of which papers and information shall become a part of the record on appeal to the superior court, to the clerk of the superior court.
(C) The appeal shall constitute a de novo action. The decision of the local board of equalization as to all questions of fact shall be deemed prima facie correct.

(D) (1) The appeal shall be heard before a jury at the first term following the filing of the appeal. If an appeal presents solely questions of law, it shall be heard before the court sitting without a jury as soon as practicable but not later than forty (40) days following the date on which the appeal is filed with the clerk of the superior court.
(2) The board of tax assessors shall use the valuation of the county board of equalization in compiling the tax digest for the county. How ever, if the final determination of value by appeal is less than the valua tion set by the board of equalization, the taxpayer shall receive a deduc tion in his taxes for the year in question. If the final determination of value on appeal is greater than the valuation set by the board of equaliza tion, the taxpayer shall be liable for the increase in taxes for the year in question as a result of the increased valuation fixed on appeal.
Section 7. Alternate Members. (A) Alternate members of the board of equalization shall, in the order in which selected, serve as mem bers of the board of equalization in the event there is a permanent va cancy on the board created by the death, removal from the county, in capacitating illness of a member or other circumstances. An alternate member who fills a permanent vacancy shall for the remainder of the term be considered a member.
(B) Alternate members of the board of equalization, in the order in which selected, shall serve in any appeal with respect to which a mem ber of the board is disqualified. With respect to such appeal, the alter nate member shall be considered a member.

Section 8. Disqualification. (A) No member of the board shall serve with respect to any appeal as to which he would be subject to a challenge for cause if he were a member of a panel of jurors in a civil case involving the same subject matter.

(B) The parties to an appeal to the board of equalization shall file in writing with the appeal, in the case of appellant, or with the certifi cate transmitting the appeal, in the case of the board of tax assessors, questions which may be answered by an affirmative or negative re sponse relating to the disqualification of members of the board of equalization. The members of the board of equalization shall answer such questions, and any question which may be adopted pursuant to Section 5 (E) (2), in writing under oath within two (2) days of their receipt of the appeal and such answers shall be part of the decision of

FRIDAY, FEBRUARY 25, 1972

2099

the board and shall be served on each party by first class mail. De termination of disqualification shall be made by the judge of the superior court on the request of any party made within two (2) days of the response of the board to such questions. The time prescribed under Section 5 (F) (1) shall be tolled pending the determination of the judge of the superior court.

Section 9. Compensation. Members of the board of equalization shall be compensated by the county per diem for time expended in con sidering appeals at a rate of not less than $10 per day, to be determined by the governing authority of the county and paid from the county treasury upon certification by the member of the days expended in con sideration of appeals.

Section 10. Section 92-6912 of the Georgia Code of 1933 relating to arbitration of determinations by the county board of tax assessors is hereby repealed, and this Act is substituted thereof as Section 92-6912 of said Code; provided, however, the procedures in Code Section 92-6912, as they existed prior to the adoption of this Act, shall apply to all assess ments made prior to January 1, 1973.

Section 11. This Act shall become effective upon its approval or its otherwise becoming law and shall apply to all assessments made after December 31, 1972.

Section 12. All laws or parts of laws in conflict herewith are here by 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. Atherton Battle Bell Bennett, Tom Berry Black Blackshear Bohannon

Bostick Bowen Brantley, H. H. Bray Brown, C. Brown, S. P. Burruss Busbee Carter Chance Chandler Chappell Cheeks

Clements Cole Collier Collins, S. Coney, G. D. Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dent

2100
Dixon Edwards Egan Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Geisinger Gignilliat Grahl Granade Greer Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jones, Herb Jones, J. R. Jordan Keyton King Knight

JOURNAL OF THE HOUSE,

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, D. R. McDaniell McDonald Melton Merritt
Miles Morgan
Moyer Mulherin Nessmith
Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, L. L.

Phillips, W. R. Poole
Potts Rainey Roach
Ross Rush Russell, A. B.
Russell, W. B.
Salem Scarborough Shanahan Shepherd Sherman
Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat
Toles Townsend Turner Vaughn
Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire
Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Carr Conger Dean, N. Dorminy

Fraser Grantham Ham Johnson

Mauldin Milford Murphy

Those not voting were Messrs.:

Alien
Barfield Bennett, J. T. Bond Brantley, H. L. Brown, B. D. Buck Collins, M.

Col well
Coney, J. L. Dean, J. E. Drury Farrar Gary
Gaynor Griffin

Groover Gunter Hill, B. L.
Hood Jessup Logan Longino Matthews, C.

Maxwell McCracken
Miller Moore Mullinax Patten Phillips, G. S.

FRIDAY, FEBRUARY 25, 1972

2101

Pickard Pinkston
Reaves Russell, H. P. Savage Sims

Stephens Thomason
Thompson Triplett Tripp Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 141, nays 11.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1705. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to amend Code Section 92-5703, relating to the levy of ad valorem taxes, so as to provide that all tangible property subject to taxation by any municipality shall be returned by the tax payers as provided by law at its fair market value; and for other purposes.
Mr. Williams of the llth asked unanimous consent that HB 1705 be post poned until Monday, February 28, 1972, immediately after the period of unan imous consents.

The consent was granted.
HR 725-1684. By Messrs. Bowen and Rainey of the 47th: A Resolution authorizing the conveyance of a certain tract or parcel of land located in Dooly County to E. Max Conner and Heard F. George; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin

Alexander, W. H. Alexander, W. M. Alien

Atherton Barfield Battle

2102
Bell Berry Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Grahl Granade Grantham Greer

JOURNAL OF THE HOUSE,

Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Johnson Jones, Herb Jones, J. R. Jordan King Knowles Lambert Lane, Dick Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Melton Merritt Miles Milford Miller

Moore Morgan Moyer Mulherin Murphy Nes smith Noble Northcutt Nunn Odom Oxford Patterson Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Rush Salem Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Stephens Strickland Sweat Toles Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs. :

Bennett, J. T. Bennett, Tom Blackshear

Bond Brown, B. D. Buck

Burruss Colwell Coney, G. D.

Cook Dean, Gib Egan Evans Gaynor Gignilliat Groover Hill, B. L. Jessup Keyton Knight

FRIDAY, FEBRUARY 25, 1972

2103

Kreeger Levitas Logan Maxwell McCracken Mullinax Patten Phillips, G. S. Pickard Ross Russell, A. B.

Russell, H. P. Russell, W. B. Scarborough Smith, J. R. Sorrells Thomason Thompson Townsend Ware Mr. Speaker

On the adoption of the Resolution, the ayes were 154, nays 0.
The Resolution, having received the requisite constitutional majority, was adopted.

HR 742-1719. By Mr. Toles of the 9th: A Resolution authorizing the conveyance of certain real property located in Floyd County; and for other purposes.
The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield
Battle Bennett, Tom Black Blackshear Bohannon Bond Bostick Bowen

Brantely, 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. Colwell Coney, G. D. Conger Connell Dailey Daugherty
Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy

2104
Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Granade Grantham Greer Griffin Gunter Ham Hamilton Harrington Harris Harrison Hawes Hays Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb

JOURNAL OP THE HOUSE,

Jones, J. R. Keyton King Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Longino Lowrey Marcus Matthews, C. Matthews, D. R. Mauldin McDaniell McDonald Melton Merritt Miles Milford Miller Moore Morgan Mulherin Murphy Nessmith Northcutt Nunn Odom Oxford Patterson

Patten Peters Phillips, L. L. Phillips, W. R. Pinkston
Poole Potts Reaves Roach Rush Russell, A. B. Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Stephens Strickland Sweat Toles Townsend Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Bell Bennett, J. T. Berry Buck Chandler Coney, J. L. Cook Drury Gaynor
Grahl
Groover
Hill, B. L.
Hill, G.
Jordan

Knight Larsen, W. W. Levitas Lewis Logan Mason Maxwell McCracken Moyer
Mullinax
Noble
Pearce
Phillips, G. S.
Pickard

Rainey Ross Russell, H. P. Russell, W. B. Salem Smith, J. R. Sorrells Thomason Thompson
Triplett
Tripp
Wamble
Mr. Speaker

FRIDAY, FEBRUARY 25, 1972

2105

On the adoption of the Resolution, the ayes were 154, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

By unanimous consent, HR 742-1719 was ordered immediately transmitted to the Senate.

Under the general order of business, established by the Committee on Rules, the following Bill of the House was taken up for consideration and read the third
time:

HB 1706. By Messrs. Wamble of the 69th and Melton of the 32nd:
A Bill to be entitled an Act to amend Code Chapter 92-40, relating to municipal tax assessors, as amended, so as to provide that the board of tax assessors or other authorities shall use as a fair market value of property subject to both municipal and county ad valorem taxation that value which is finally determined by the county for county taxation purposes; and for other purposes.

Mr. Williams of the llth moved that HB 1706 be postponed until Monday, February 28, 1972, immediately after the period of unanimous consents.

The motion prevailed.

The following Bill of the House was taken up for the purpose of considering the report of the Committee of Conference thereon:

HB 1204. By Messrs. Smith of the 43rd, Floyd of the 7th, Murphy of the 19th, Busbee of the 61st, Edwards of the 45th, Lambert of the 25th and others:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Ap propriations Act", so as to change the appropriations of certain agen cies of the State for the remainder of the fiscal year ending June 30, 1972; and for other purposes.

The following report of the Committee of Conference was read:
CONFERENCE COMMITTEE REPORT ON HB 1204
The Conference Committee on HB 1204 recommends that both the Senate and the House of Representatives recede from their positions,

2106

JOURNAL OF THE HOUSE,

and that the attached Conference Committee Substitute to HB 1204 be adopted.

FOR THE SENATE:
/s/ Hugh M. Gillis, Sr. Senator, 20th District
/s/ R. Eugene Holley Senator, 22nd District
/s/ Stanley E. Smith, Jr. Senator, 18th District

Respectfully submitted,
FOR THE HOUSE:
/s/ George D. Busbee Representative, 61st District
/s/ James H. Floyd Representative, 7th District
/s/ Thomas B. Murphy Representative, 19th District

CONFERENCE COMMITTEE SUBSTITUTE TO HB 1204

A BILL

To be entitled an Act to amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Ap propriations Act", approved March 19, 1971 (Ga. Laws 1971, p. Ill), so as to change the appropriations of certain agencies of the State for the remainder of the fiscal year ending June 30, 1972; to provide for other 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:

ARTICLE I.

This Article relates only to changes in the appropriations and pro visions relative to the fiscal year 1971-72.

Section 1. An Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Appropriations Act", ap

proved March 19, 1971 (Ga. Laws 1971, p. Ill) is hereby amended by striking from the first paragraph after the enacting clause the fol lowing :

"$1,189,600,000.00"

and inserting in lieu thereof the figure:

"$1,150,000.00".

Section 1A. Said Act is further amended by striking subsection B. of Section 1 in its entirety and inserting in lieu thereof a new sub section B. to read as follows:

FRIDAY, FEBRUARY 25, 1972

2107

"B. (a) For election blanks and other election expenses, in cluding publishing constitutional amendments.
F. Y. 1972 .--_.__.__..........__._.-._______--------_--_---_--$225,000

(b) Only for the purpose of implementing the provisions of

House Bill No. 1488 providing for assistance to certain counties

relative to reapportionment.

F. Y. 1972

._----._----_.--,,__--........$250,000."

Section 2. Said Act is further amended by striking from Section 5.A., relating to Superior Courts, the figure "$2,445,159" and inserting in lieu thereof the figure "$2,723,134".
Section 3. Said Act is further amended by striking from Section 5.B., relating to District Attorneys, the figure "$1,403,775" and inserting in lieu thereof the figure "$1,452,775".
Section 4. Said Act is further amended by striking from Section 6. relating to the reports of the Supreme Court and Court of Appeals, the figure "$53,000", and inserting in lieu thereof the figure "$32,000".
Section 5. (a) Said Act is further amended by striking from Sec tion 7.A., relating to the State Board of Education and the Department of Education, the figure "$412,526,841" and inserting in lieu thereof the figure "$410,910,141".
(b) Said Act is further amended by adding after the appropriation for operations in Section 7.A., the following:

"Changed Objects:
Personal Services ...-.......-..............-.....-.-......-..............$ 24,700,068 Operating Expenses --------______--------_------_....._.$ 20,584,699 Grants for Instruction and Service
to the Handicapped .......__............-.-.-.-....-.._..,,$ 953,818 Teachers Salaries--Section 11 -.-..-..-......................$219,957,954 Teachers Salaries--Section 12 ,,._________._,,___.._.$ 38,579,382 Teachers Salaries--Section 20 --_______._-----__$ 13,670,205 Maintenance, Operation and Sick Leave ----_--.--..$ 42,450,446 Mid-Term Adjustment --_...._------_---------- ,,_.____$ --0-- High School Program _________________________________,,,,__.,,,,_$ 10,442,219 Area Vocational Technical Schools ----_--._._________..$ 17,858,212 Grants to Fernbank Science Center ..-.-..-.-.........--_$ 100,000 Early Childhood Development Services ....._----_._..$ 500,000. Grants to Nephrology Centers ______________--,,_._........$ 250,000 Capital Outlay ,,._._,,.__.__.__._______._____.__.______________$ 710,976."

(c) Said Act is further amended by striking from Section 7.A., the next to the last proviso and inserting in lieu thereof the following:

"Provided that of the above appropriated amount relative to Operating Expenses, $60,000.00 is designated and committed for use at the LeGrange Area Sheltered Workshop."

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JOURNAL OF THE HOUSE,

(d) Said Act is further amended by adding at the end of Section 7.A., the following provisos:

"Provided that the above appropriated amount, relative to Capital Outlay, the sum of $35,000 is designated and committed for land clearing and construction at the Atlanta Area School for the Deaf."

"Provided that of the above appropriated State funds, $45,000 is designated and committed for the purpose of improving and en larging the electrical distribution system at the Georgia School for the Deaf at Cave Springs, Georgia."

"Provided that of the above appropriation $5,000 is designated and committed for the purpose of purchasing a casette tape copying machine for the Library for the Blind in Atlanta."

"Provided that of the above appropriated amount, relative to Operating Expenses, an additional $286,218 is designated and com mitted for use in Vocational Rehabilitation case services."

"Provided that of the above appropriated amount, relative to Grants for Instruction and Services to Handicapped, the sum of $50,000 is designated and committed solely for the purpose of pro viding funds to the Houston County Board of Education for equal payment to the Houston County Speech and Hearing School and the Happy Hour School for Exceptional Children."

"Provided that of the above appropriated amount, relative to Grants for Instruction and Services to the Handicapped, the sum of $50,000 is designated and committed solely for the purpose of providing funds to the Pulton County Board of Education for pay ment to the Elaine Clark School for Exceptional Children, for the Foundation for Children with Acute Multiple Handicaps, Inc."

"Provided that of the above appropriated amount, the sum of $50,000 is designated and committed for the purpose of providing funds to local Boards of Education for payment to non-profit schools qualified to provide education for children with learning disabilities when such facilities are not available in the public school system."

"Provided that of the above appropriated amount, relative to early Childhood Development Services, the entire appropriation shall be utilized to ascertain those children who are mentally and physically deficient and to provide treatment for such children
during preschool years, and for the purpose of funding a kinder garten or preschool program for those children in areas that quali fy under Title IV funds provided the program has been approved by the General Assembly.

Any such program shall be approved and monitored by the State Department of Education, in coordination with the State

FRIDAY, FEBRUARY 25, 1972

2109

Department of Health and the Department of Family and Children Services. It is expressly provided that none of these funds shall be used in connection with a child care services program by any exist ing or subsequently organized day care center, unless otherwise hereafter approved by the General Assembly.

Provided, however, that any child may be eligible to participate in this program at the request of his parents and payment of suit able fees."

Section 6. Said Act is further amended by striking from Section 7.B., relating to Grants Direct to School Systems for Capital Outlay pur poses, the figure "$2,291,613", and inserting in lieu thereof the figure "$2,191,613".

Section 7. (a) Said Act is further amended by striking from Sec tion 8.A., relating to the State Board of Regents, the figure "$162,953003", and inserting in lieu thereof the figure "$158,273,241".

(b) Said Act is further amended by adding after the appropriation for operations in Section 8 the following:

"Changed Objects:
Grants to Junior Colleges ___________________$ 2,131,600.00 Operating expenses--Education
and General __________________..$48,002,125.00."

Section 7A. Said Act is further amended by striking from Sec tion 8(b) the figure "$1,000,000" and inserting in lieu thereof the figure "$2,616,000", and by adding thereafter the following:

"Changed Objects: Capital Outlay ____--__.._________.___________$7,616,000.00"

Section 8. Said Act is further amended by striking from Section 8.B., relating to Authority Lease Rentals, the figure "$18,198,790", and inserting in lieu thereof the figure "$17,853,552".

Section 9. Said Act is further amended by striking from Section 9, relating to the Education Improvement Council, the figure "$136,400" and inserting in lieu thereof the figure "$130,400".

Section 10. Said Act is further amended by striking from Section 10, relating to the Higher Education Assistance Corporation, the figure "$706,258", and inserting in lieu thereof the figure "$614,039".

Section 11. Said Act is further amended by striking from Section 10 relating to the Georgia Higher Education Assistance Authority the figure "$235,461", and inserting in lieu thereof the figure "$201,461".
Section 12. Said Act is further amended by striking from Section

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JOURNAL OF THE HOUSE,

11. relating to the State Scholarship Commission, the figure "$1,199,192", and inserting in lieu thereof the figure "$1,165,192".

Section 13. Said Act is further amended by striking from Section 12. relating to the Medical Education Board, the figure "$251,000", and inserting in lieu thereof the figure "$241,000".

Section 14. Said Act is further amended by striking from Section 13. relating to the Georgia Commission on the Arts, the figure "$107,292", and inserting in lieu thereof the figure "$99,292".

Section 15. (a) Said Act is further amended by striking from Sec tion 14, relating to the Georgia Historical Commission-Operations, the figure "$485,000", and inserting in lieu thereof the figure "$473,500".

(b) Said Act is further amended by adding at the end of Section 14 the following:

"Changed Object: Operating Expenses ______.___________-_____-_____-_.....__-__--_--$127,670",

and by adding the following proviso:

"Provided that of the above appropriation, $10,000 is desig nated and committed for the activities of the Georgia Commission for the Bicentennial Celebration."

Section 16. (a) Said Act is further amended by striking from Section 14, relating to the Georgia Historical Commission--Capital Out lay, the figure "$50,000" and inserting in lieu thereof the figure "$81,500".

(b) Said Act is further amended by adding at the send of Section 14 the following:

'"Changed Object: Capital Outlay __,,__________,,___________._..._....__......,,...____^_$81,500.",

and by adding the following proviso:

"Provided from the above appropriation for Capital Outlay, $50,000.00 is designated and committed for the restoration of the Lapham Patterson house."
Section 17. Said Act is further amended by striking from Section 15. relating to the Teachers Retirement System, the figure "$1,500,000", and inserting in lieu thereof the figure "$1,100,000".

Section 18. Said Act is further amended by striking from Section 16. relating to Public School Employees' Retirement System, the figure "$2,451,217", and inserting in lieu thereof the figure "$2,438,717".

FRIDAY, FEBRUARY 25, 1972

2111

Section 19. (a) Said Act is further amended by striking from Sec tion 17.A., relating to the Health Department--Medical Care Administra tion, the figure "$50,343,635", and inserting in lieu thereof the figure "$45,237,820".

(b) Said Act is further amended by adding at the end of Section 17.A., the following provisos:

"Provided, that on April 1, 1972, the maximum Medicaid pay ment rate for skilled nursing homes shall be raised to $330 per month and the maximum Medicaid payment rate for intermediate care facilities shall be raised to $280 per month."

"Provided, the Department shall allow 75% of the regular Medicaid payment for nursing home beds held vacant up to and in cluding ten days for Medicaid patients who are hospitalized during a stay in a nursing home, if Federal participation is at the same rate relative to such payments as it is for all other vendor pay ments, subject to such additional regulations the Department may require."

"Provided, that $45,000 of the above appropriation is desig nated and committed for the Georgia Medical Care Foundation contract for the last six months of fiscal 1972."

"Provided, that of the above appropriation $25,000, which shall be administered through the Crippled Children's Program, is desig nated and committed for treatment of cystic fibrosis."

Section 20. Said Act is further amended by striking from Section 17.B., relating to the Health Department--Health Surveillance and Dis ease Control, the figure "$7,101,895", and inserting in lieu thereof the figure $6,920,627".

Section 21. (a) Said Act is further amended by striking from Sec tion 17.C., relating to the Health Department--Community Health Serv ices and Facilities, the figure "$10,891,700", and inserting in lieu thereof the figure "$9,716,545".

(b) Said Act is further amended by adding at the end of Section 17.C., the following proviso:

"Provided, that of the above appropriation, $885,000 in State funds is designated and committed for mental retardation grants to counties for day care centers."

Section 22. Said Act is further amended by striking from Section 17.D., relating to the Health Department--Environmental Health--Water Quality Control, the figure "$9,587,400", and inserting in lieu thereof the figure "$650,200".

Section 23. Said Act is further amended by striking from Section 17.D., relating to the Health Department--Environmental Health--Water

2112

JOURNAL OP THE HOUSE,

Quality Control, the figure "$1,905,845", and inserting in lieu thereof the figure "$1,850,355".

Section 24. Said Act is further amended by striking from Section 17.E., relating to the Health Department--Mental Health, the figure "$79,859,740", and inserting in lieu thereof the figure "$77,301,678", and by adding at the end of said Section the following:

"Provided that from the above appropriated amount, $600,000 is designated and committed to pay rentals to the Georgia Building Authority (Hospitals) to permit the issuance of bonds to finance a general medical and surgical facility located in the vicinity of the Central State Hospital, Baldwin County, Georgia. Said annual ap propriations of $600,000 and the lease dated June 1, 1969, between the Department of Public Health and said Authority were originally authorized by the 'General Appropriations Act amended' dated March 8, 1968 (Ga. Laws 1968, p. 146). All actions heretofore taken in connection with said project are hereby ratified and reaffirmed."

Section 25. (a) Said Act is further amended by striking from Section 17.P., relating to the Health Department--General Administra tion the figure "$3,931,735", and inserting in lieu thereof the figure "$4,280,493".

(b) Said Act is further amended by adding at the end of Section P., the following:
"Changed Objects:
Personal Services .-..__________.__......-.-..-......____.__......_...$ 84,480,678 Operating Expenses __.,,....,,...._-....._.-___._._..._...._.$ 26,811,879 Grants-Benefit Payments ...._......--___-__._..__._...$141,405,415 Grants to Diagnostic and Evaluation Centers ,,_._...$ 65,000 Grants to Counties-Health Services _.....___._.__..$ 12,552,900."

Section 26. Said Act is further amended by striking from Section 18. relating to the Department of Labor, the figure "$420,800", and in serting in lieu thereof the figure "$400,799".

Section 27. Said Act is further amended by striking from Section 19.A., relating to the Highway Department, the figure "$156,943,454", and inserting in lieu thereof the figure "$144,120,652.16".

Section 28. (a) Said Act is further amended by striking from Sec tion 19.E., relating to the Highway Department--Airport Development, the figure "$976,347", and inserting in lieu thereof the figure "$890,347".

(b) Said Act is further amended by adding at the end of Section 19.E., the following:
"Changed Object: Capital Outlay ___________________________.___,,__$890,347."

FRIDAY, FEBRUARY 25, 1972

2113

Section 29. Said Act is further amended by striking from Section 20. relating to the Public Service Commission, the figure "$882,643", and inserting in lieu thereof the figure "$844,458".

Section 30. Said Act is further amended by striking from Section 21. relating to the Commission on Aging, the figure "$66,539", and in serting in lieu thereof the figure "$62,539".

Section 31. (a) Said Act is further amended by striking from Sec tion 22, relating to the Department of Family and Children Services, the figure "$86,146,538", and inserting in lieu thereof the figure "$76,679,473".

(b) Said Act is further amended by adding at the end of Section 22 the following:

"Changed Objects:
Grants to county-owned detention centers ___.$ 1,000,000 Grants to individuals for support _._.______ $213,820,000 Grants to counties for administration _____.,,$ 35,000,000 Personal Services _______.___________..$ 13,685,100."

Section 32. Said Act is further amended by striking from Section 24. relating to the Department of Veterans Service, the figure "$3,454,014", and inserting in lieu thereof the figure "$3,218,197".

Section 33. Said Act is further amended by striking from Section 25.A., relating to the Department of Labor--Employment Security Agen cy, the figure "$115,000", and inserting in lieu thereof the figure "$105,000".

Section 34. Said Act is further amended by striking- from Section 25.B., relating to the Department of Labor--Employment Security Agen cy--Work Incentive Activity, the figure "$362,739", and inserting in lieu thereof the figure "$322,729".

Section 35. Said Act is further amended by adding at the end of Section 25, relating to the Department of Labor--Employmenjt Security Agency, the following:

"C. Unemployment Compensation Reserve Fund F. Y. 1972 _____________________._____----$689,000",

and by adding the following:
"Changed Object: State Unemployment Compensation Reserve Fund ----$689,000."

Section 36. (a) Said Act is further amended by striking from Sec tion 26, relating to the Department of Industry and Trade, the figure "$3,199,459.81", and inserting in lieu thereof the figure "$3,142,257".

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JOURNAL OF THE HOUSE,

(b) Said Act is further amended by adding at the end of Section 26 the following:
"Changed Object: Operating Expenses ___...._-_._.._._______.______.-_.$1,086,453",

and by adding the following:
"Provided that of the above appropriation $100,000 is desig nated and committed for payment to the Georgia Ports Authority dredging and related activities."
Section 37. Said Act is further amended by striking from Section 27. relating to the Science and Technology Commission, the figure "$105,000", and inserting in lieu thereof the figure "$100,000".
Section 38. (a) Said Act is further amended by striking from Sec tion 28, relating to the Department of Agriculture--Operations, the fig ure "$8,891,530", and inserting in lieu thereof the figure "$8,534,530".
(b) Said Act is further amended by adding at the end of Section 28. the following:

"Changed Object: Operating Expense -____...._.._.___.__.__..__--$3,186,240",

and by adding the following:
"Provided, that of the above appropriation, $25,000 is desig nated and committed for a contract with the University of Georgia School of Veterinary Medicine, in Athens, Georgia, for animal dis ease diagnostic services."

Section 38A. Said Act is further amended by striking from Section 28, relating to the Department of Agriculture--Capital Outlay, the fig ure "$160,000", and inserting in lieu thereof the figure "$205,000", and by adding immediately thereafter the following:

"Provided, that from the above appropriation $150,000 is desig nated and committed for construction at the Albany Farmers Mar ket."

(b) Said Act it further amended by adding at the end of Section 28 the following:
"Changed Objects:
Capital Outlay -____________________.__$ 216,000 Fire ant eradication ___________________$ --0-- Indemnities -_______~_~______________$ --0-- Indemnities and fire ant eradication .________.$1,458,600."

FRIDAY, FEBRUARY 25, 1972

2115,

Section 39. Said Act is further amended by striking from Section 28, relating to the Department of Agriculture--Fire Ant Eradication Program, the figure "$1,500,000", and inserting in lieu thereof the figure "$1,340,000".

Section 40. Said Act is further amended by striking from Section 28, relating to the Department of Agriculture--Indemnities, the figure $236,600", and inserting in lieu thereof the figure "$118,600".

Section 41. Said Act is further amended by striking from Section 28. relating to the Department of Agriculture, the last paragraph and inserting in lieu thereof the following:

"Provided, that from the above appropriated amount for Au thority 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."

Section 42. Said Act is further amended by striking from Section 29. relating to the Department of Mines, Mining and Geology--Opera tions, the figure "$414,100", and inserting in lieu thereof the figure "$411,006".

Section 43. Said Act is further amended by striking from Section 29, relating to the Department of Mines, Mining and Geology--Water Resources Research, the figure "$150,000", and inserting in lieu thereof the figure "$140,000".

Section 44. Said Act is further amended by striking from Section 29. relating to the Department of Mines, Mining and Geology--Typo graphic Information, the figure "$35,000", and inserting in lieu thereof the figure "$27,000".

Section 45. Said Act is further amended by striking from Section 30. relating to the Ocean Science Center of the Atlantic, the figure "$490,000", and inserting in lieu thereof the figure "$390,000".

Section 46. Said Act is further amended by striking from Section 31. relating to the Altamaha River Basin Development Commission, the figure "$43,800", and inserting in lieu thereof the figure "$40,800".

Section 47. Said Act is further amended by striking from Section 32. relating to Georgia Commission for the Development of the Chattahoochee River Basin, the figure "$6,920", and inserting in lieu thereof the figure "$5,920".

Section 48. Said Act is further amended by striking from Section 33. relating to the Department of Public Safety--Operations, the figure "$17,252,508", and inserting in lieu thereof the figure "$16,504,127".

Section 49. (a) Said Act is further amended by striking from Sec tion 33, relating to the Department of Public Safety--Capital Outlay, the figure "--0--", and inserting in lieu thereof the figure "$123,000".

2116

JOURNAL OF THE HOUSE,

i;

(b) Said Act is further amended by adding at the end of Section

33. the following:

"Changed Object: Capital Outlay .,,,,.._-__..._.._.__-____-__$123,000",

and by adding the following:

,, j: i

"Provided, that the above appropriation $100,000 is designated

!,

and committed for the construction of a State Patrol Barracks in

Clarke County."

i',

Section 50. Said Act is further amended by striking from Section

34. relating to the Pharmacy Board, the figure "$239,842", and inserting

,;; in lieu thereof the figure "$234,842".

Section 51. Said Act is further amended by striking from Section 35. relating to the State Board of Probation, the figure "$2,168,400", and inserting in lieu thereof the figure "$2,067,949".

Section 52. Said Act is further amended by striking from Section 36. relating to the State Board of Pardons and Paroles, the figure "$1,360,500", and inserting in lieu thereof the figure "$1,305,500".

Section 53. Said Act is further amended by striking from Section 37. relating to the State Board of Corrections--Operations, the figure "$16,789,693", and inserting in lieu thereof the figure "$16,733,979".

Section 54. (a) Said Act is further amended by striking from Sec tion 37, relating to the State Board of Corrections--Capital Outlay, the figure "$440,000", and inserting in lieu thereof the figure "$270,000".

(b) Said Act is further amended by adding at the end of Section

:

37 the following:

"Changed Object: Capital Outlay ___-___________________$270,000",

and by adding the following:
"Provided, that $20,000 of the above appropriation is desig nated and committed for the construction of a fire station at the Georgia Industrial Institute at Alto, Georgia."

Section 55. Said Act is further amended by striking from Section 37, relating to the State Board of Corrections--Authority Lease Rentals, the figure "$1,273,000", and inserting in lieu thereof the figure "$840,000", and by adding at the end thereof the following:
"Changed Object:
Authority Lease Rentals _________________$840,000."

FRIDAY, FEBRUARY 25, 1972

2117

Section 56. Said Act is further amended by striking from Section 38. relating to the Coordinator of Highway Safety, the figure "$103,450", and inserting in lieu thereof the figure "$100,450".

Section 57. Said Act is further amended by striking from Section 39. relating to the Department of Defense, the figure "$1,134,775", and inserting in lieu thereof the figure "$1,063,947".

Section 58. Said Act is further amended by striking from Section 40. relating to the Comptroller General, the figure "$1,837,600", and in serting in lieu thereof the figure "$1,775,100", and by adding at the end thereof the following:

"Changed Objects:
Personal Services ____.....___._....__-_____$1,394,7&1 Operating Expenses ______._..__._________$ 418,842."

Section 59. Said Act is further amended by striking from Section 41. relating to the Department of Banking, the figure "$890,803", and inserting in lieu thereof the figure "$804,803".

Section 60. Said Act is further amended by striking from Section 42. relating to the Literature Commission, the figure "$18,400", and in serting in lieu thereof the figure "$16,400".

Section 61. Said Act is further amended by striking from Section 43. relating to the Game and Fish Commission--Operations, the figure "$5,400,872", and inserting in lieu thereof the figure "$5,324,461".

Section 62. Said Act is further amended by striking from. Section 43, relating to the Game and Fish Commission--Capital Outlay, the fig ure "$682,000", and inserting in lieu thereof the figure "$404,500".

Section 63. Said Act is further amended by striking from Section 43.A., relating to the Groveland Lake Development Commission, the fig ure "$100,000", and inserting in lieu thereof the figure "$92,000".

Section 64. Said Act is further amended by striking from Section 44. relating to the Recreation Commission, the figure "$121,385", and in serting in lieu thereof the figure "$117,585".

Section 65. Said Act is further amended by striking from Section 46. relating to the Jekyll Island Committee, the figure "$200,000", and inserting in lieu thereof the figure "$190,000".

Section 66. Said Act is further amended by striking from Section 47. relating to the North Georgia Mountains Commission, the figure "$295,697", and inserting in lieu thereof the figure "$268,697".

Section 67. Said Act is further amended by striking from Section 48. relating to the Lake Lanier Island Development Commission, the figure "$839,000", and inserting in lieu thereof the figure "$759,000".

2118

JOURNAL OF THE HOUSE,

Section 68. (a) Said Act is further amended by striking from Sec tion 49, relating to the Department of Parks--Operations, the figure "$2,479,450", and inserting in lieu thereof the figure "$2,453,603".

(b) Said Act is further amended by adding at the end of Section 49 the following:

"Changed Objects:
Personal Services ___~~__.___..._________.$2,218,061 Operating Expenses ____,,__,,____..________$1,620,207 Grants for Land Acquisition __________........._____$ 200,000",

and by adding the following:

"Provided, that of the above appropriation, $6,500 is designated and committed for the study of potential park sites in Paulding County and for purchasing options thereon."

(c) Said Act is further amended by striking from Section 49 the second paragraph following "Changed Objects" which reads as follows:

"Provided, that from the above FY 1972 appropriation for op erations, $100,000 is designated and committed to provide no more than 25% matching of Federal and local funds for land acquisition for Tired Creek Park B.O.R. #10-00060",

and substituting in lieu thereof the following language:
"Provided, that from the above FY 1972 appropriation for operations, $200,00 is designated and committed to provide no more than 25% matching of Federal and local funds for land acquisition for Tired Creek Park B.O.R. #10-00060."

(d) Said Act is further amended by striking from Section 49, under Authority Lease Rentals, the figure "$2,346,000" and inserting in lieu thereof the figure "$2,546,000", and by striking the third paragraph after the listing of "Changed Objects" and inserting in lieu thereof the following:

"Provided, that from the above appropriated amount for Au thority Lease Rentals, $400,000 is designated and committed to pay rentals to Jekyll Island--State Parks Authority to permit the issu ance of bonds to finance new projects at Jekyll Island."

Section 69. Said Act is further amended by striking from Section 49. relating to the Department of Parks--Capital Outlay, the figure "$924,892", and inserting in lieu thereof the figure "$874,892".

Section 70. Said Act is further amended by striking from Section 50. relating to the Soil and Water Conservation Committee, the figure "$506,700", and inserting in lieu thereof the figure "$469,500".

FRIDAY, FEBRUARY 25, 1972

2119

Section 71. Said Act is further amended by ^striking from Section 51. relating to the Forest Research Council, the figure "$520,200", and inserting in lieu thereof the figure "$502,600", and by adding at the end of Section 51 the following:

"Provided, that of the above appropriations, not less than $75,000 is designated and committed to the Herty Foundation for wood use research.",

and by adding at the end of said Section the following:

"Changed Objects: Operating Expenses _...._________-_____$463,035."

Section 72. Said Act is further amended by striking from Section 52. relating to the Forestry Commission, the figure "$7,055,371", and inserting in lieu thereof the figure "$6,706,123".

Section 73. Said Act is further amended by striking from Section 53. relating to the Mineral Leasing Commission, the figure "$5,000", and inserting in lieu thereof the figure "$2,000".

Section 74. Said Act is further amended by striking from Section 54. relating to the Department of Mines, Mining and Geology, Surface Mined Land Use Board, the figure "$160,271" and inserting in lieu thereof the figure "$150,271".

Section 75. Said Act is further amended by striking from Section 55. relating to the State Treasury, the figure "$168,200", and inserting in lieu thereof the figure "$163,200".

Section 76. Said Act is further amended by striking from Section 56. relating to the Budget Bureau, the figure "$579,190", and inserting in lieu thereof the figure "$546,260".

Section 77. Said Act is further amended by striking from Section 57. relating to the Department of Revenue, the figure "$14,431,300", and inserting in lieu thereof the figure "$14,236,185", and by adding the following:

"Changed Objects:
Personal Services ....______________________..____....$10,627,285 Operating Expenses -_.._________._..._.____.........._._._$ 3,608,900".

Section 78. Said Act is further amended by striking from Section 58. relating to the Employees' Retirement System, the figure "$715,000", and inserting in lieu thereof the figure "$115,000".

Section 79. Said Act is further amended by striking from Section 61, relating to the Secretary of State -- Operations, the figure "$3,808,490", and inserting in lieu thereof the figure "$3,010,610".

2120 ; .. .:
.

JOURNAL OF THE HOUSE,
Section 80. Said Act is further amended by striking from Section 61. relating to the Secretary of State--Special Repairs, the figure "$100,000", and inserting in lieu thereof the figure "$--0--".
Section 81. Said Act is further amended by striking from Section 62. relating to the State Library, the figure "$140,162", and inserting in lieu thereof the figure "$130,564".
Section 82. Said Act is further amended by striking from Section 63. relating to the State Computer Service Center, the figure "$400,000", and inserting in lieu thereof the figure "$422,528".
Section 83. Said Act is further amended by striking from Section 64. relating to the Supervisor of Purchases, the figure "$1,144,504", and inserting in lieu thereof the figure "$1,075,100"; and by adding at the end thereof the following:
"Changed Objects: Personal Services --___-____._._______--$567,351 Operating Expenses _._-__.._.._.____._-____--$117,500",
and by adding the following:
"Provided, that of the above appropriation, $54,500 is designated for the purpose of hiring new contract specialists and for renting space to permit installation of a General Services Admin istration facility in the Capitol Hill area."
Section 84. Said Act is further amended by striking from Section 65. relating to the Capitol Square Improvement Committee, the figure "$150,000", and inserting in lieu thereof the figure "$772,880".
Section 85. Said Act is further amended by adding immediately before the word "Construction" in Section 65, relating to the Capitol Square Improvement Committee, the following:
"Special Repairs F. Y. 1972 ____..._________.__--
Section 86. (a) Said Act is further amended by striking from Sec tion 66, relating to the State Properties Control Commission, the figure "$50,000", and inserting in lieu thereof the figure "$96,588".
(b) Said Act is further amended by adding at the end of Section 66 the following:
"Changed Object: Operating Expenses ________________________$63,797",
and by adding the following:
"Provided, that of the above appropriation $45,000 is desig-

FRIDAY, FEBRUARY 25, 1972

2121

nated and committed for use at the Old State Capitol in Milledgeville."

Section 87. Said Act is further amended by striking from Section 67. relating to the Department of Air Transportation, the figure "$314,756", and inserting in lieu thereof the figure "$310,317".

Section 88. Said Act is further amended by striking from Section 68. relating to the Executive Department--Office of the Governor, the figure "$638,200", and inserting in lieu thereof the figure "$621,200".

Section 89. Said Act is further amended by striking from Section 69. relating to the Executive Department--Governor's Emergency Fund, the figure "$2,000,000", and inserting in lieu thereof the figure "$1,800,000".

Section 90. (a) Said Act is further amended by striking from Sec tion 71, relating to the Bureau of State Planning and Community Af fairs--Operations, the figure "$894,085", and inserting in lieu thereof the figure "$1,062,217".

(b) Said Act is further amended by adding at the end of Section 71 the following:

"Changed Object: Operating Expenses ---_____-_______..-.-...._._._$725,404",

and by adding the following:

"Provided, that from the above appropriation $173,000 is desig nated and committed for continuing the methadone maintenance contract with the Narcotics Treatment Center."

Section 91. (a) Said Act is further amended by striking from Sec tion 71, relating to the Bureau of State Planning and Community Af
fairs--Grants, the figure "$1,189,031", and inserting in lieu thereof the figure "$1,173,899".

(b) Said Act is further amended by adding at the end of Section 71 the following:

"Changed Object:
Grants to Area Planning and Development Commissions ____.___..___.$1,173,899."

Section 92. Said Act is further amended by adding a new Section to be known as Section 72A to read as follows:

"Section 72A. Department of Administrative Services. Operations F. Y. 1972 ...___.______________$155,000."

2122

JOURNAL OF THE HOUSE,

Section 93. Said Act is further amended by adding a new Section to be known as Section 72B to read as follows:

"Section 72B. In addition to all other appropriations for the fiscal year ending June 30, 1972, there is hereby appropriated to the budget units designated hereinafter the amounts listed for each such budget unit for personal services:

Budget Unit

Amount

Department of Agriculture --..,,.--__________-------_$ 4,268 Georgia Regional Hospital at Augusta _--__.._---_,, 269 Department of Banking __.___________--.--------- 1,056 Battey State Hospital _._..._.__..____...----______ 4,029 Central State Hospital _---..._.,,----..._______.__..-..... 46,810 Office of Comptroller General ._,,_.......__..__,,--__-_--_- 600 State Board of Corrections .__....__._________--_ 1,263 Department of Defense _.____..._____________ 1,200 State Board of Education ___.__________.___._ 47,569 Department of Family and Children Services __.----_._ 8,000 Georgia Forestry Commission __.______.___-__ 321 State Game and Fish Commission ...___.___--_._--_,, 1,290 Gracewood State Hospital ___._._.__-__.._____._ 5,398 Department of Public Health ______________.__ 22,000 Office of Coordinator of Highway Safety ___.__._ 307 Department of Industry and Trade ..____.______ 486 Department of Labor ..____.___.___.___-__.._____ 190 State Library _.___..--...______._______._....__..._ 145 Georgia Mental Health Institute --_________.__ 1,056 Georgia Mental Retardation Center __--________ 338 Department of Mines, Mining and Geology _____.__. 369 Ocean Science Center of the Atlantic ______.__._ 155 State Board of Pardons and Paroles ____..___.__ 1,152 Department of State Parks .__._____________. 824 State Board of Pharmacy _____._____________ 97 State Board of Probation _____..._______.___ 145 Department of Public Safety __________.______ 3,733 Georgia Public Service Commission ____________ 1,853 Georgia Recreation Commission __.____________ 255 State Purchasing Department ___._.___________ 445 State Revenue Department -_...__._____________ 18,808 Department of Secretary of State ___________._._._ 3,309 Department of Veterans Service --_.___________ 769 State Board of Workmen's Compensation __.__.___ 880 Youth Development Center _.,,._._.____________ 4,071

The appropriations in this Section are designated and commit ted for the specific purpose of funding Act No. 76 of the 1971 Regu lar Session of the Georgia General Assembly, effective April 1, 1972."

Section 94. Said Act is further amended by striking from the end of Section 76 the figure "$1,224,342,003.71", which was the total ap
propriations for F. Y. 1972, and inserting in lieu thereof the figure "$1,175,542,951.06".

FRIDAY, FEBRUARY 25, 1972

2123

ARTICLE II.

Section 95. All expenditures and appropriations made and autho rized under this Act shall be according to the Governor's recommenda tions contained in the Budget Report relating to changes for the fiscal year ending June 30, 1972, which report was presented to the General Assembly at the regular 1972 session, except as otherwise specified in this Act. 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 aforesaid Budget Report.

Section 96. This Act shall become effective upon its approval by the Governor or upon its becoming law without his approval.

Section 97. 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.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Bell Bennett, J. T., Jr. Bennett, Tom Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Burruss Busbee Carr Carter

Chance Chandler Chappell Cheeks Clements Cole 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 Drury Edwards Egan Evans

Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Grantham Greer Griffin Gunter Ham Hamilton Harrington Harris Harrison Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted

2124

JOURNAL OF THE HOUSE,

Hutchinson Isenberg Jessup Johnson Jones, J. R. Jordan
Keyton King Knight Knowles Kreeger Lambert Lane, Dick
Lane, W. J. Larsen, G. K. Larsen, W. W. Lee, W. J. (Bill)
Lee, W. S. Leggett
Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell

McDonald Melton Merritt Miles Milford
Miller Moore Morgan Moyer Mulherin
Murphy Nessmith
Noble
Northcutt Nunn
Odom Oxford Patterson Patten Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush

Russell, A. B. Russell, H. P. Salem Scarborough Shanahan
Sherman Sims Smith, H. R.
Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland
Sweat Thompson Toles Tripp Turner
Vaughn Wamble
Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson
Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Blackshear Conger

Hawes Russell, W. B.

Thomason

Those not voting were Messrs.:

Battle Berry Brown, S. P. Buck Collier Dean, J. E. Dorminy Gignilliat Grahl

Granade Groover Hill, B. L. Hill, G. Hood Jones, Herb McCracken McDaniell Mullinax

On the motion, the ayes were 164, nays 5.

Pearce Phillips, G. S. Pickard Savage Shepherd Townsend Triplett Mr. Speaker

FRIDAY, FEBRUARY 25, 1972

2125

The motion prevailed and the report of the Committee of Conference on HB 1204 was adopted.

Messrs. Battle of the 90th, Jones of the 87th, Brown of the 81st and Gignilliat of the 89th stated that they had been called from the floor of the House when the roll was called on the adoption of the report of the Committee of Conference on HB 1204, but had they been present would have voted "aye".

Pursuant to the provisions of SR 302, adopted by the House and Senate, the Speaker announced the House adjourned until 10:00 o'clock A.M., Monday, Feb ruary 28, 1972.

2126

JOURNAL OF THE HOUSE,
Representative Hall, Atlanta, Georgia Monday, February 28, 1972

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. Fred Glover, Pastor, Tyson Memorial United Methodist Church, Moultrie, Georgia.
By unanimous consent, the call of the roll was dispensed with.

Mr. Black of the 45th, Chairman of the Committee on Auditing, Enrolling, Engrossing and Journals, reported that the Journal of the previous legislative day had been read and found to be correct.

By unanimous consent, the reading of the Journal was dispensed with.

The Journal was confirmed.

By unanimous consent, the following was established as the order of business during the first part of the period of unanimous consents:
1. Introduction of Bills and Resolutions. 2. First reading and reference of House Bills and Resolutions. 3. Second reading of Bills and Resolutions. 4. Reports of Standing Committees. 5. Third reading and passage of local uncontested Bills. 6. First reading and reference of Senate Bills and Resolutions.

The following report of the Committee on Rules was read and adopted:

Mr. Speaker:

Your Committee on Rules met and fixed the calendar for today's business, Monday, February 28, 1972, and submits the following:

HB

165. Teachers' Retirement, Service

HB

370. Ambulance Services, licensing

MONDAY, FEBRUARY 28, 1972

2127

HB

814. Pub. Accountants, Exp. in Dept. of Audits

HB 1043. Vending Facilities, State Property

HB 1105. Mobile Homes, County permits

HB 1125. Bank Charters, applications

HB 1128. Department of Public Safety, Director Comp.

HB 1213. Beverage Tax, municipalities

HB 1237. Prison Inmates, money in possession

HB 1245. Dev. Auth. for Housing Finance, Create

HB 1313. Emp. Awards Board, Compensation

HB 1315. Printing and Copying Board, Create

HB 1320. Certain State Officials, Compensation

HB 1366. Federal & State Income Tax Returns, Confidential

HB 1388. Burial of Paupers, County Expense

HB 1394. Franchise, petroleum and gas dealers

HB 1400. Veterans' Day, Date of Observance

HR 599-1401. Disabled Veterans, Ad Val. Tax on Vehicle

HR 608-1425. Merger of counties, petition of voters

HB 1450. Criminal Cases, State Right to Appeal

HB 1451. Criminal Trials, Unsworn Statement

HB 1466. Commission on Compensation, reports

HR 633-1485. Private Companies, Corp. Powers & Privileges

HB 1491. Civil Practice Act, insurance agreement

HB 1492. Pleading and practices, grant continuance

HB 1591. Physician's Assts., License

HB 1592. Physician's Assts., Provide

HB 1593. Highway funds, expended for roads

HR 710-1647. Counties & Cities, Gov. Auth. Duties (Without Com. Rec.)
HB 1666. Foreign Corporations, Tax, License

HB 1680. Illegitimate child, support of

HB 1681. Self Insurance Program, schools

HB 1683. Milk and Milk Products, permits

HB 1689. Budget Bureau, Appropriated Funds

HB 1691. Exec. Reorganization Plan, Banking

HR 735-1693. Henry Grady Hotel, lease

2128

JOURNAL OF THE HOUSE,

HB 1699. Mtr. Fuel Tax, Agents' powers HB 1700. Mtr. Carriers' Tax, Agents' powers HB 1705. City Property Tax, reforms HB 1706. County Property Tax, fair market HB 1707. Unif. Tax of Property HB 1708. County Tax Assessories, Standards HB 1709. Property Tax, Jurisdictions HB 1710. St. Board of Equalization, appeals HB 1711. Arbitration Procedure; repeal HB 1712. Check Payee, lien on mdse. HB 1720. Mtr. Veh. Sales Tax, casual sales HB 1730. Hwy. Traffic Speed Limits HB 1739. Dep. Director, Highway Department HB 1762. Eminent Domain, Appeal HB 1768. City of Atlanta, Corporate Limits
(Reconsidered) HR 765-1802. Voc. Ed. Study Comm. HB 1837. Dept. of Transportation, Modes of Transp. HR 776-1840. Corr. Loop Study Committee HR 777-1843. Southern R. R. Company, Lease Land HB 1862. Congressional Reapportionment; provide HB 1926. State Fire Marshal, Arrest Powers

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, I si Busbee of 61st
Chairman
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:

MONDAY, FEBRUARY 28, 1972

2129

HB 2049. By Messrs. Tripp and Jessup of the 49th:
A Bill to be entitled an Act to change the number of members of the Telfair County Board of Education from five to seven; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2050. By Mr. Jordan of the 74th:
A Bill to be entitled an Act to provide that neither DeKalb County nor any incorporated municipality located within DeKalb County shall require any person employed by the county or any such municipality in the capacity of a fireman to be on duty as such for more than 56 hours during any seven consecutive day period; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2051. By Mr. Colwell of the 5th:
A Bill to be entitled an Act to amend an Act completely and exhaustive ly revising, superseding and consolidating the laws of this State relative to the State Game and Fish Commission, so as to change the provisions relating to the unlawful sale of alligator products; and for other pur poses.
Referred to the Committee on Game and Fish.

HR 865-2051. By Messrs. Lee, Gary and Northcutt of the 21st: A Resolution creating the Clayton County Intergovernmental Services Study Commission; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 2052. By Mr. Lambert of the 25th: A Bill to be entitled an Act to create the Veazy Water and Sewer Au thority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.
HB 2053. 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, so as to change the compensation of the com missioners of the City of Brunswick; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

2130

JOURNAL OF THE HOUSE,

HB 2054. By Messrs. Conger and Griffin of the 68th:
A Bill to be entitled an Act to amend an Act creating the Board of Commissioners of Decatur County, so as to change the compensation of the chairman and members of said Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HR 866-2054. By Messrs. Toles, Lowrey and Adams of the 9th:
A Resolution authorizing the lease of a certain tract of State owned property, said property being a part of the Battey State Hospital lo cated in Rome, Floyd County, Georgia; and for other purposes.
Referred to the Committee on State Institutions & Property.

HB 2055. By Mr. Jones of the 87th:
A Bill to be entitled an Act to amend Code Chapter 32-1, relating to the Board of Regents, and the University System, so as to provide for the Board of Regents to promulgate necessary rules and regulations to assure that students qualified to practice teach shall be permitted to practice teach under the supervision of any institution within the sys tem; and for other purposes.
Referred to the Committee on University System of Georgia.
HB 2056. By Messrs. Busbee of the 61st, Murphy of the 19th and Harris of the 10th:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Ap propriations Act"; and for other purposes.
Referred to the Committee on Appropriations.

HB 2057. By Messrs. Busbee of the 61st, Murphy of the 19th, Floyd of the 7th and Harris of the 10th:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Ap propriations Act"; and for other purposes.
Referred to the Committee on Appropriations.

HB 2058. By Messrs. Busbee of the 61st, Murphy of the 19th, Floyd of the 7th and Harris of the 10th:
A Bill to be entitled an Act to amend an Act providing appropriations for the fiscal years 1971-72 and 1972-73, known as the "General Ap propriations Act"; and for other purposes.
Referred to the Committee on Appropriations.

MONDAY, FEBRUARY 28, 1972

2131

HB 2059. By Mr. Drury of the 66th:
A Bill to be entitled an Act to provide for the filling of vacancies on the hospital authority of the City of St. Marys; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2060. By Mr. Drury of the 66th:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Camden County, so as to change the number of members of the Board; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2061. By Mr. Drury of the 66th:
A Bill to be entitled an Act to amend an Act incorporating the City of Nahunta, so as to change the date of the municipal general election; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2062. By Mr. Drury of the 66th:
A Bill to be entitled an Act to amend an Act creating the office of Tax Commissioner of Camden County, so as to change the compensation of the tax commissioner; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2063. By Mr. Drury of the 66th:
A Bill to be entitled an Act to provide for a three-member Board of Education of Camden County; to provide for education districts; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2064. By Mr. Drury of the 66th:
A Bill to be entitled an Act to provide for the appointment of the Board of Tax Assessors in certain counties; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

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JOURNAL OF THE HOUSE,

HB 2065. By Mr. Drury of the 66th:
A Bill to be entitled an Act to add two members to the Board of Com missioners of certain counties; to provide for their election and terms of office; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2066. By Mr. Drury of the 66th:
A Bill to be entitled an Act to amend an Act placing certain county officials of Camden County upon an annual salary, so as to change the compensation of the sheriff, ordinary and clerk of the superior court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2067. By Messrs. Cole and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act relating to the Civil Service Commission of Dalton, so as to change the provisions relating to appointments of firemen and policemen; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2068. By Mr. Grahl of the 40th:
A Bill to be entitled an Act to create the Powersville Water Authority; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

HB 2069. By Messrs. Floyd of the 7th, Murphy of the 19th and Busbee of the 61st:
A Bill to be entitled an Act to amend Code Chapter 40-4, relating to the Budget Bureau, so as to provide conformity in procedures for bud get and appropriations preparations and presentation with a Resolution amending the Constitution which changes the general provisions rela tive to General Appropriations and Bills; and for other purposes.
Referred to the Committee on Rules.

By unanimous consent, the following Bills and Resolutions of the House and Senate were read the second time:

MONDAY, FEBRUARY 28, 1972

2133

HB 2044. By Messrs. Peters of the 2nd, Hays of the 1st, Rainey of the 47th, Adams of the 100th, Grantham of the 55th, Snow and Clements of the 1st, Lee of the 61st, Smith of the 39th and others:
A Bill to be entitled an Act to amend Code Chapter 56-24, relating to the insurance contract in general, so as to provide for the continuation of coverage for mentally retarded and physically handicapped depen dents under health insurance policies and non-profit hospital and medical service plan contracts; and for other purposes.

HB 2045. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to create and establish for and in the County of Gwinnett a court to be known as the Recorder's Court of Gwinnett County; and for other purposes.

HR 864-2045. By Messrs. Floyd of the 7th, Murphy of the 19th and Busbee of the 61st:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to preparation, submission and enactment of General Appropriations Bills and duration and control of appropria tions; and for other purposes.

HB 2046. By Mr. Larsen of the 42nd:
A Bill to be entitled an Act to amend an Act incorporating the Town of Rentz, so as to change the terms of office of the mayor and aldermen; and for other purposes.

HB 2047. By Messrs. Chappell and Larsen of the 42nd:
A Bill to be entitled an Act to provide the circumstances under which certain vacancies shall occur in the office of members of the Board of Education of Laurens County; and for other purposes.

HB 2048. By Mr. 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 increase the maximum millage which may be levied by the City for school purposes; and for other purposes.

SB 235. By Senators Bateman of the 27th, Lester of the 23rd, Holloway of the 12th and others:
A Bill to be entitled an Act to amend Section 100-101 of the Code of Georgia of 1933, as amended, so as to provide that the State Depository Board may name and appoint any bulding and loan association or

2134

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federal savings and loan association which has its deposits insured by the Federal Savings and Loan Insurance Corporation; and for other purposes.

SB 349. By Senator Hamilton of the 26th:
A Bill to be entitled an Act to make it unlawful for any person to operate any vehicle on any public road, street, or highway, while trans porting any type of material which may spill from, fall from, be blown from, or otherwise be dislodged from such vehicle, unless same has a protective covering; and for other purposes.

SB 459. By Senators Kidd of the 25th and Scott of the 17th:
A Bill to be entitled an Act to amend an Act creating within the De partment of Family and Children Services an autonomous Division for Children and Youth, and a State Board for Children and Youth, for the protection, care, training and supervision of certain children and youth of the State; and for other purposes.

SB 484. By Senators Fincher of the 54th, Cox of the 21st, Summers of the 53rd and others:
A Bill to be entitled an Act to provide that persons holding deposits shall be required to accrue interest on such deposits on behalf of the persons who made such deposits; and for other purposes.

SB 490. By Senators Holloway of the 12th, Carter of the 14th and Walling of the 42nd:
A Bill to be entitled an Act to amend the "Georgia Surface Mining Act of 1968", so as to provide a new definition for "surface mining"; and for other purposes.

SB 517. By Senators Holloway of the 12th and Carter of the 14th:
A Bill to be entitled an Act to amend an Act relating to game and fish, as amended, so as to provide to the public access to and freedom to fish in any of the salt water creeks, streams, estuaries, sounds, rivers or bays of this State; and for other purposes.

SB 534. By Senator Eldridge of the 7th:
A Bill to be entitled an Act to repeal an Act providing that the State of Georgia shall be a party to "The Vehicle Equipment Safety Compact" and enacting said compact into law; to provide that the State of Geor gia shall no longer be a party to said compact; and for other purposes.

MONDAY, FEBRUARY 28, 1972

2135

SB 548. By Senators Hudgins of the 15th, Scott of the 17th, Kidd of the 25th and others:
A Bill to be entitled an Act to declare false, misleading or deceptive acts or practices in the conduct of any trade or commerce to be unlaw ful; and for other purposes.

SB 569. By Senators Hudgins of the 15th and Jackson of the 16th:
A Bill to be entitled an Act to amend an Act entitled the "State Toll Bridge Authority Act", so as to change the name of the State Toll Bridge Authority to the State Tollway Authority; and for other pur poses.

SB 576. By Senator Coggin of the 35th: A Bill to be entitled an Act to amend an Act providing for the estab lishment, maintenance, and administration of common trust funds by trust institutions, so as to define the term "affiliate"; and for other purposes.
SB 591. By Senator Eldridge of the 7th: A Bill to be entitled an Act to amend an Act known as the "Georgia Equine Act", so as to authorize the Commissioner of Agriculture to prohibit or regulate the use of drugs, tranquilizers, or medications which may conceal defects, falsely enhance the appearance of quality or otherwise result in misrepresentation in the sale of equines; and for other purposes.
SR 212. By Senator Smalley of the 28th: A Resolution proposing an amendment to the constitution so as to pro vide certain requirements in connection with laws pertaining to retire ment and pension systems expending public funds; and for other pur poses.
SR 234. By Senators Holloway of the 12th, Carter of the 14th and Webb of the llth:
A Resolution proposing an amendment to the Constitution so as to change the provisions relative to amendments to the Constitution; and other purposes.
SR 289. By Senator Coggin of the 35th:
A Resolution urging an amendment to the Health Insurance for the Aged Act (Medicare) so as to provide coverage for State, county, mu nicipal and other political subdivision employees under the primary hospital insurance benefits; and for other purposes.

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JOURNAL OF THE HOUSE,

SB 603. By Senator Bateman of the 27th:
A Bill to be entitled an Act to amend an Act known as "The Municipal Home Rule Act of 1965". so as to provide for the legislative intent of said Act and a certain other Act granting certain basic powers to in corporated municipalities; and for other purposes.

SB 627. By Senator Adams of the 5th: A Bill to be entitled an Act to abolish the present mode of compensat ing the Clerk of the Superior Court and the Ordinary of Glynn County, known as the fee system; to provide in lieu thereof an annual salary for such officers; and for other purposes.
SB 630. By Senator Adams of the 5th: A Bill to be entitled an Act to abolish the present mode of compensat ing the Tax Commissioner of Glynn County, known as the fee system; to provide in lieu thereof an annual salary for such officer; and for other purposes.
SB 645. By Senators Broun of the 46th and Reynolds of the 48th: A Bill to be entitled an Act to amend an Act known as the "Georgia Highway Authority Act", so as to redefine the words and terms "rural road", "urban road", and "urban county"; and for other purposes.
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 Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 411. Do Pass, by Substitute.
Respectfully submitted, Northcutt of the 21st, Secretary.
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

MONDAY, FEBRUARY 28, 1972

2137

following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 442. Do Pass, by Substitute.

Respectfully submitted, Smith of the 3rd, Chairman.

Mr. Vaughn of the 74th District, Chairman of the Committee on Highways, submitted the following report:
Mr. Speaker:
Your Committee on Highways has had under consideration the following Bill of the Senate and has instructed me to report the same back to the House with the following recommendation:
SB 569. Do Pass.
Respectfully submitted, Vaughn of the 74th, Chairman.

Mr. Lee of the 21st District, Chairman of the Committee on Industrial Rela tions, submitted the following report:
Mr. Speaker:
Your Committee on Industrial Relations has had under consideration the following Bills of the House and has instructed me to report the same back to the House with the following recommendations:
HB 1796. Do Pass, by Substitute. HB 1979. Do Pass.
Respectfully submitted, Lee of the 21st, 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 undef

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JOURNAL OF THE HOUSE,

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 rec ommendations :

HR 803-1953. Do Pass.

HR 804-1953. Do Pass.

HR 807-1961. Do Pass.

HR 808-1961. Do Pass.

HR 813-1974. Do Pass.

HR 820-2023. Do Pass.

HR 824-2028. Do Pass.

HR 857-2043. Do Pass.

SB

13. Do Pass.

SB

44. Do Pass.

HB 1222. Do Pass.

HB 1265. Do Pass.

HB 1266. Do Pass.

HB 1267. Do Pass.

HB 1268. Do Pass.

HB 1269. Do Pass.

HB 1270. Do Pass.

HB 1351. Do Pass.

HB 1352. Do Pass.

HB 1353. Do Pass.

HB 1849. Do Pass.

HB 1855. Do Pass.

HB 1945. Do Pass.

HB 1947. Do Pass.

HB 1951. Do Pass.

HB 1952. Do Pass.

HB 1953. Do Pass.

HB 1955. Do Pass.

HB 1956. Do Pass.

HB 1957. Do Pass.

HB 1958. Do Pass.

HB 1959. Do Pass.

MONDAY, FEBRUARY 28, 1972

2139

HB 1961. Do Pass. HB 1965. Do Pass. HB 1969. Do Pass. HB 1970. Do Pass. HB 1975. Do Pass. HB 1978. Do Pass. HB 1992. Do Pass. HB 1993. Do Pass. HB 2012. Do Pass. HB 2013. Do Pass. HB 2014. Do Pass. HB 2015. Do Pass. HB 2021. Do Pass. HB 2022. Do Pass. HB 2023. Do Pass. HB 2024. Do Pass by Substitute. HB 2025. Do Pass. HB 2027. Do Pass. HB 2028. Do Pass. HB 2037. Do Pass. HB 2041. Do Pass. HB 2042. Do Pass. HB 2043'. Do Pass.

Respectfully submitted, Levitas of the 77th, Chairman.

By unanimous consent, the following Bills and Resolutions of the House and Senate were taken up for consideration and read the third time:

HB 1222. By Messrs. Adams of the 100th, Stephens of the 103rd, Shepherd of the 107th, Hill of the 97th and others:
A Bill to be entitled an Act to provide for the protection of pension rights of certain employees of certain counties and cities; and for other purposes.

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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 1265. By Messrs. Greer of the 95th, Bond of the lllth, Longino of the 98th and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Pulton County a system for pension and retirement pay to teachers and employees of the Board of Education, as amended; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1266. By Messrs. Greer of the 95th, Felton of the 98th, Daugherty of the 109th and others:
A Bill to be entitled an Act to amend an Act providing in Fulton County a system for pension and retirement pay to teachers and em ployees of the Board of Education of Fulton County, so as to provide for an increase of retirement or pension benefits for certain retired persons under certain conditions; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 28, 1972

2141

HB 1267. By Messrs. Greer of the 95th, Hill of the 97th, Alexander of the 96th, Stephens of the 103rd and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system for pension and retirement pay to teach ers and employees of the Board of Education, as amended, so as to de fine further the pension benefits which may be preserved by postpone ment of the date for commencement of such benefits; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1268. By Messrs. Greer of the 95th, Hill of the 97th, Alexander of the 96th, Stephens of the 103rd and others:
A Bill to be entitled an Act to amend an Act providing for pension benefits and retirement pay to teachers and employees of the Board of Education of Fulton County, so as to provide a teacher may be entitled to prior service credit; and for other purposes.

The report 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 1269. By Messrs. Greer of the 95th, Hill of the 97th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act providing in Fulton Coun ty a system for pension and retirement pay to teachers and employees of the Board of Education, so as to provide that the designation of an employee's beneficiary may be made any time during the teacher's or employee's active service; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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JOURNAL OF THE HOUSE,

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1270. By Messrs. Greer of the 95th, Hill of the 97th, Alexander of the 96th, Stephens of the 103rd, Lane of the 101st and others:
A Bill to be entitled an Act to amend an Act entitled "An Act to pro vide in Fulton County a system of pension and retirement pay ta teachers and employees of the Board of Education, as amended, so as to provide that a teacher may be entitled to prior service credit for teaching; and for other purposes.

The report 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 1351. By Messrs. Adams of the 100th, Hawes of the 95th, Bond of the lllth, Brown of the 110th and others: A Bill to be entitled an Act to amend the Act providing that certain cities shall furnish pensions to officers and employees of such cities; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1352. By Messrs. Adams of the 100th, Hawes of the 95th, Brown of the 110th, Bond of the lllth, Lane of the 101st and others:
A Bill to be entitled an Act to amend an Act relating to pensions for members of the police department in certain cities providing a new system of pensions for members providing a system of pensions and other benefits for such members; and for other purposes.

MONDAY, FEBRUARY 28, 1972

2143

The report 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 1353. By Messrs. Adams of the 100th, Hawes of the 95th, Brown of the 110th, Bond of the lllth, Lane of the 101st and others:
A Bill to be entitled an Act to amend an Act providing a system of pensions and other benefits for members of paid Fire Departments in certain cities, so as to change the definition of "monthly earnings"; and for other purposes.

The report 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 1849. By Messrs. Levitas of the 77th, Davis of the 75th, Bell of the 73rd, Vaughn of the 74th and others:
A Bill to be entitled an Act to amend an Act establishing a new charter for the City of Atlanta, so as to change the corporate limits of the City; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1855. By Messrs. Savage of the 104th, Alexander of the 96th, Greer of the 95th and others:
A Bill to be entitled an Act to create in all counties of this State having

2144

JOURNAL OF THE HOUSE,

a certain population, a City-County Pension Fund Study 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 1945. By Mr. Ham of the 33rd:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Monroe County; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1947. By Messrs. Smith and Adams of the 39th:
A Bill to be entitled an Act to amend an Act providing for the election of the members of the Pike 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 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1951. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act incorporating the City of

MONDAY, FEBRUARY 28, 1972

2145

Social Circle; so as to increase the corporate limits thereof; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1952. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to create the Walnut Grove-Youth Water Authority; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

.

The Bill, having received the requisite constitutional majority, was passed.

HB 1953. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to amend an Act incorporating and provid ing a new charter for the City of Social Circle; so as to provide addi tional powers of the city council; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1955. By Messrs. Tripp and Jessup of the 49th: A Bill to be entitled an Act to amend an Act creating a new charter

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JOURNAL OP THE HOUSE,



for the City of Eastman, as amended, so as to abolish the office of city

manager; and for other purposes.

: The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1956. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Hawkinsville, as amended, so as to provide that the city may provide by ordinance for the punishment of persons convicted of driving under the influence of alcoholic beverages or drugs; and for other purposes.

The report 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 1957. By Messrs. Jessup and Tripp of the 49th:

A Bill to be entitled an Act to amend an Act placing the tax receiver

!

of Bleckley County upon an annual salary so as to change the com

pensation of the clerk of the tax receiver; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 28, 1972

2147

HB 1958. By Messrs. Jessup and Tripp of the 49th:

''''

A Bill to be entitled an Act to create a three-member Board of Com missioners of Pulaski 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 1959. By Messrs. Jessup and Tripp of the 49th:
A Bill to be entitled an Act to create and establish a Small Claims Court in and for Bleckley 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 1961. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A Bill to be entitled an Act to create the Albany Dougherty County Governmental Study 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.

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JOURNAL OP THE HOUSE,

HB 1965. By Messrs. Kreeger, Wilson, Howard, Housley, Atherton, McDaniell and Burruss of the 117th:
A Bill to be entitled an Act to create and establish an Airport Authority for Paulding 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 1969. By Messrs. Moyer and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act creating the Houston Judicial Circuit, as amended, so as to provide for an investigator for the District Attorney of said 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 115, nays 0.

The Bill, having- received the requisite constitutional majority, was passed.

HB 1970. By Messrs. Moyer and Nunn of the 41st:
A Bill to be entitled an Act to amend an Act creating the Houston Judicial Circuit, as amended, so as to change the terms of Grand Juries; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

MONDAY, FEBRUARY 28, 1972

2149

HB 1975. By Messrs. Cole and Smith of the 3rd:
A Bill to be entitled an Act to amend an Act placing the sheriff, clerk of the superior court and ordinary of Whitfield County on a salary system of compensation, as amended, so as to change the provisions relative to the compensation of said sheriff, clerk of the superior court and 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 1978. By Messrs. Bennett, Barfield and Reaves of the 71st:

!'

A Bill to be entitled an Act to amend an Act establishing a system of public schools in the City of Valdosta, as amended, so as to change the method of election and the terms of office of the members of the Board; and for other purposes.

The report of the Committee, which was favorable to the passage of the 'Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1992. By Messrs. Mason and Dean of the 13th:
A Bill to be entitled an Act to amend an Act creating a new Board 1 of Commissioners of Gwinnett County, as amended, so as to refine Com missioner Districts; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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JOURNAL OP THE HOUSE,

HB 1993. By Messrs. Lee, Odom, Hutchinson and Busbee of the 61st:
A Bill to be entitled an Act to amend an Act creating a Board of Com missioners of Roads and Revenues for Dougherty County, so as to pro vide for a purchasing agent and to define his duties; 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, Jiaving received the requisite constitutional majority, was passed.
HB 2012. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th and others:
: A Bill to be entitled an Act establishing a new charter for the City : ; : of College Park, as amended, so as to amend the city limit boundary;
and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.
On the passage of the Bill, the ayes were 115, nays 0.
The Bill, having received the requisite constitutional majority, was passed.
HB 2013. By Messrs; Greer of the 95th, Adams of the 100th, Alexander of the 96th 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 provide for qualifica tions for candidates 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.

MONDAY, FEBRUARY 28, 1972

2151-

The Bill, having received the requisite constitutional majority, was passed..

HB 2014. By Messrs. Greer of the 95th, Egan of the 116th, Felton of the 95th and others:
A Bill to be entitled an Act to amend an Act providing for the Boards of Elections in certain counties, as amended, so as to create the position 1 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.

HB 2015. By Messrs. Adams of the 100th, Sims of the 106th, Alexander of the 96th and others:
A Bill to be entitled an Act to amend an Act creating a Civil Service Board of Fulton County, so as to abolish the Civil Service Board of Fulton County and recreate the same as the Personnel Board 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 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 2021. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the

96th 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 amend-,the City Limit Boundary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill,

was agreed to.

/:

.

2152

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 2022. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th 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 amend the city limit boundary; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 2023. By Messrs. Davis of the 75th, Bell of the 73rd, Levitas of the 77th and others:
A Bill to be entitled an Act to amend an Act creating the City of Atlanta Charter Commission, so as to change the provisions relative to membership of the Commission; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed,

HB 2025. By Mr. Sorrells of the 24th: A Bill to be entitled an Act to amend an Act incorporating the Town of Between, so as to appoint a mayor and four councilmen; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

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On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 2027. 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 office of tax commissioner of Taylor 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 2028. By Messrs. Edwards and Black of the 45th:
A Bill to be entitled an Act to reincorporate the City of Butler in the County of Taylor; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 2037. By Messrs. Griffin and Conger of the 68th:
A Bill to be entitled an Act to amend an Act abolishing the offices of tax receiver and tax collector of Decatur County and creating in lieu thereof the 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.

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On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 2041. By Messrs. Cole, Smith and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, as amended, so as to change the provisions relating to the number of votes required for election to office; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 2042. By Messrs. Cole, Smith and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act incorporating the City of Dalton, as amended, so as to divide the City into election wards; and for other purposes.

The report 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 2043. By Messrs. Cole, Smith and Turner of the 3rd:
A Bill to be entitled an Act to amend an Act consolidating, amending and codifying the various Acts incorporating the City of Dalton, as amended, so as to incorporate certain parts of Land Lot 10 in the 13th District and 3rd Section of Whitfield County; and for other purposes,
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

MONDAY, FEBRUARY 28, 1972

2155

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 2024. By Mr. Sorrells of the 24th:
A Bill to be entitled an Act to reincorporate the City of Loganville in the County of Walton; to create a new charter for said city; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to reincorporate the City of Loganville in the Counties of Walton and Gwinnett; to create a new charter for said city; to prescribe the corporate limits of said city; to provide for the govern ment of said city; to enumerate the corporate powers of the city; to provide for the preservation of ordinances, bylaws, rules and regula tions; to provide for the officials of said city and their selection, oath, compensation, powers, duties and terms of office; to provide for filling vacancies; to provide for the fiscal administration of the city govern ment; to provide for the levy and collection of ad valorem taxes; to provide for elections; to provide for the qualifications of candidates and electors; to provide for the registration of voters; to provide for the method of conducting elections; to provide for authority to acquire, hold, extend, equip, maintain and operate various desired utility systems; to provide for the sale, lease, or transfer of said systems; to provide for the establishment of a recorder's court; to provide for the appointment of the recorder; to provide for the qualifications and compensation of the recorder; to provide for the jurisdiction of the recorder's court; to provide for appeals from the recorder's court; to provide for the pay ment of court costs; to provide for rules for the recorder's court; to provide for issuance of warrants in the absence of the recorder; to provide for authority to establish, abolish and reestablish a Board of Police Commissioners; to provide for authority to establish regulations and procedures relating to zoning; to provide for a retirement and dis ability benefits system; to provide for severability; to repeal specific laws; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
ARTICLE I
CHARTER, CITY LIMITS AND CORPORATE POWERS
Section 1.01. This Act shall constitute the whole charter of the City of Loganville, Georgia, repealing and replacing the charter as

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provided by Georgia Laws of 1914, p. 969; Georgia Laws 1921, p. 997; Georgia Laws 1960, p. 2933 and Georgia Laws 1970, p. 2480, as amended. The City of Loganville, Georgia, in the Counties of Walton and Gwinnett and the inhabitants thereof, shall continue to be a body politic and corporate under the name and style of the City of Loganville, Georgia, and by that name shall have perpetual succession, may contract and be contracted with, may sue and be sued, plead and be impleaded, in all the courts of law and equity, and in all actions whatsoever, and may have and use a common seal and change it at pleasure.

Section 1.02. City Boundaries. Be it further enacted, that the corporate limits of the City of Loganville shall include all that territory and the inhabitants thereof embraced within the limits of one mile in every direction from a point in said City of Loganville known as the "public well", located near the City Hall of the City of Loganville.

Section 1.03. Corporate Powers. Be it further enacted, that the corporate powers of the city, to be exercised by the City Council, may include the following:

(a) To levy and to provide for the assessment, valuation, reevalution, and collection of taxes on all property subject to taxation.

(b) To levy and to provide for the collection of license fees and taxes on privileges, occupations, trades and professions.

(c) To appropriate and borrow money to provide for payment of the debts of the city, and to authorize the expenditure of money for any municipal purpose, or for matters of national or State interest, and to issue bonds for the purpose of raising revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding authority shall be exercised in accordance with the laws governing bond issues by municipalities in effect at the time said issue is undertaken.

(d) To acquire, dispose of, and hold in trust or otherwise, any real, personal or mixed property in fee simple or lesser interest, inside or outside the city.

(e) To condemn property, inside or outside the city, for present or future use, and for any corporate purpose deemed necessary by the city council, under Section 36-202 of the Code of Georgia 1933, or under other applicable public acts.

(f) To acquire, construct, operate, distribute, sell and dispose of public utilities, but only in the manner described in Article VI of this charter, including but not limited to a waterworks system, sewerage system, a natural gas system, an electrical power system, both inside and outside the corporate limits subject to the provisions of applicable law, and to prescribe the charges, rates, fares, fees, regulations and standards and conditions of service to be provided, and shall have a lien against any property of the persons served, said lien to be en-

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forceable in the same manner and with the same remedies as a lien for city property taxes.

(g) To grant franchises or make contracts for public utilities and public services including but not limited to those stated above, not to exceed periods of twenty years. The council may prescribe the rates, fares, regulations, and standards and conditions of service applicable to the service to be provided by the franchise grantee or contractor, insofar as not in conflict with such regulations by the Public Service Commission.

(h) To provide for the acquisition, construction, building, operation and maintenance of public ways, parks, public grounds, cemeteries, markets and market houses, public buildings, libraries, sewers, drains, sewerage treatment, airports, hospitals, and charitable, cultural, educa tional, recreational, conservation, sport, curative, corrective, detentional, penal and medical institutions, agencies and facilities; and any other public improvements, inside or outside the city; and to regulate the use thereof, and for such purposes, property may be acquired by condemna tion under Section 36-202 of the Code of Georgia of 1933, or other ap plicable public acts.

(i) To define a nuisance in the city and to provide for its abate ment. The recorder of the city shall have jurisdiction of all nuisance abatement proceedings in the city. The city may provide by ordinance for any building, structure, or condition maintained in violation of any valid law of this State or any valid ordinance of the city, to be adjudged a nuisance and for its abatement at the owner's expense upon his failure or refusal to abate the same within ten days after written notice from the city to do so.

(j) To provide that persons given jail sentences in the recorder's court shall work out such sentences in any public works or on the public streets of the city as provided by ordinance; or the council may provide for the commitment of city prisoners to any county work camps, or jail, by agreement with the appropriate county officers.

(k) To regulate and license or prohibit, the keeping or running at large of animals and fowl and to provide for the impoundment of same which are in violation of any ordinance of lawful orders; also to provide for their disposition by sale, gift, or humane destruction, when not redeemed as provided by ordinance; to provide punishment for violation of ordinances enacted hereunder.

(1) To provide for a plan or plans for the districting or zoning of the city for the purpose of regulating the use of land therein; to pro vide for a city retirement and disability benefits system; to provide for any boards or commissions deemed necessary or appropriate for effective functioning of any aspect of city government.

(m) To regulate and license vehicles operated for hire in the city; to limit the number of such vehicles; to require the operators thereof to be licensed; to require public liability insurance on such vehicles in

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amounts prescribed by ordinance; and to regulate and rent parkingspaces in public ways for the use of such vehicles.

(n) To levy and provide for the collection of special assessments to cover the costs for any public improvements.

(o) To provide that upon the conviction of the violation of any ordinance, rule, regulation or order, the offender may be punished with in limitations prescribed by the mayor and council in such ordinance, rules, regulations, or order but not exceeding the limitations prescribed by this charter.

(p) To exercise and enjoy all other powers, functions, rights, privileges and immunities necessary or desirable to promote or protect the safety, health, peace, security, good order, comfort, convenience, morals, or general welfare of the city and its inhabitants; and to exer cise all implied powers necessary to carry into execution all powers granted in this charter as fully and completely as if such powers were fully enumerated herein; and to exercise all powers now or in the future authorized to be exercised by other municipal governments under the Constitution or general laws of the State of Georgia. No enumera tion of particular powers in this Act shall be held to be exclusive of otners, nor restrictive of general words and phrases granting powers; but shall be held to be in addition to such powers unless expressly pro hibited to cities under the Constitution or applicable public acts of the State.

(q) To levy taxes and to make appropriations for the purpose of advertising said city and its advantages and resources so as to bring new capital and commercial and manufacturing and other enterprises into the city, and also to levy taxes and to make payment from the general revenues and funds of the city for the support of public hos pitals and libraries.

(r) To regulate and control public streets, public alleys and ways; and in the discretion of the mayor and council by ordinance to alter,, open or close public streets and public alleys and ways without notifica tion.

(s) To exercise the power of arrest through duly appointed police men.

(t) To acquire, construct, operate, distribute, sell and dispose of a community antenna television system.

Section 1.04. Ordinances. Be it further enacted, that all ordinances, bylaws, rules and regulations, now in force in said city, not inconsistent with this Act, are hereby declared valid and of force until amended or repealed by the council of said city.

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ARTICLE II

CITY GOVERNMENT

Section 2.01. Establishment of City Government. Be it further enacted, that all corporate, legislative, and other governmental powers of the City of Loganville shall be vested in a City Council to be com posed of a mayor and six councilmen. The mayor and councilmen shall be elected at large by the qualified voters of the city and shall exercise their powers in such manner as prescribed by this charter, the Consti tution and applicable general laws of the State of Georgia, or if not prescribed, in such manner as prescribed by the duly established ordi nances of the City of Loganville.

Section 2.02. Qualifications for Mayor and Councilmen. Be it further enacted, that to be eligible for the office of mayor or councilman, elected or appointed, a person must be at least twenty-one years of age, must meet the requirements of a qualified elector for members of the General Assembly, as prescribed by State law, must be a regis tered voter of the City of Loganville, and must be a bona fide resident of the City of Loganville for at least one year next preceding the elec tion in which he offers as a candidate.

Section 2.03. Election of Mayor and Councilmen. Be it further enacted, that those persons presently elected to office shall continue to serve until their successors are duly elected and qualified as provided by law.

On the first Thursday in December 1971, and on said date every two years thereafter, a general election shall be held for mayor and the two councilmen whose terms of office are expiring. The candidate for mayor who receives a majority of votes cast in said election and the two candidates for councilmen who receive a majority of votes cast in their respective elections shall be elected for terms of office of two years each and until their successors are duly elected and qualified. The two councilmen to be elected in December of odd-numbered years shall be for the seat from Ward 1 and for the Post 1 at-large seat. All the territory embraced in the City of Loganville, lying South of Washing ton Street (if extended) to Wilkins Street (if extended) to Foster Street (if extended) to city limits and East of Midland Avenue and Georgia Railroad Main Track shall be known as Ward 1.

On the first Thursday in December 1972, and on said date every two years thereafter, a general election shall be held for the four coun cilmen whose terms of office are expiring. The four candidates for councilmen in said election who receive a majority of votes cast in their respective election shall be elected for terms of office of two years each and until their successors are duly elected and qualified. The four coun cilmen to be elected in December of even-numbered years shall be for the seat from Ward 2, the seat from Ward 3, the seat from Ward 4, and for the Post 2 at-large seat. All the territory South of Washington Street and McDaniel Street and West of Georgia Railroad Main Track shall be known as Ward 2. All the territory North of McDaniel Street and West of Broad Street including the block enclosed by Church Street,

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Midland Avenue, Washington Street, and Broad Street shall be known as Ward 3. All the territory East of Broad Street and North of Wash ington Street (if extended) to Foster Street (if extended) to the city limits shall be known as Ward 4.

Candidates for ward seats must live in the ward which they seek to represent but all elections shall be at large.

In instances where no candidate for mayor or for any council seat receives a majority of the votes cast at the election held on the first Thursday in December, a runoff election shall be held between the two candidates receiving the highest number of votes in such election. Said runoff election shall be held on the second Thursday in December. The candidate for mayor or for any council seat receiving a majority of the votes cast in such runoff election shall be declared the winner.

Section 2.04. Terms of Office. Be it further enacted, that the terms of office of mayor and councilmen shall begin on the first day of Jan uary next succeeding the election, shall continue for two years and until their successors are elected and qualified.

Section 2.05. City Council. Be it further enacted, that (a) the city council shall hold regular public meetings at a stated time and place, as provided by ordinance. The council shall meet in special session on call of the mayor or on call of the vice-mayor and two councilmen. Notice of such special meetings shall be served on all other members personal ly, or by telephone personally, or shall be left at their residence at least twelve hours in advance of the meeting. Such notice shall not be re quired if the mayor and all councilmen shall be present when the special meeting is called. The requirement shall be considered waived if the mayor and all councilmen are present when the special meeting is con vened. Only the business stated in the call may be transacted at a special meeting, except by unanimous consent of all members present.

(b) The council shall exercise its powers only in public meetings. Four members of the council and the mayor, or in his absence the vicemayor, shall constitute a quorum authorized to transact city business. Voting on adoption of ordinances shall be taken by voice vote and the ayes and nays shall be recorded in the minutes, but any member shall have the right to request a roll call vote. The affirmative vote of a majority of the city council shall be required for the adoption of an ordinance or resolution except as otherwise provided in this charter.

(c) The council may by ordinance adopt rules and bylaws to govern the conduct of its business, including procedures for compelling the at tendance of absent members, and punishment for contemptuous be havior conducted by any person in the presence of the council.

Section 2.06. Mayor as Presiding Officer. Be it further enacted, that the mayor shall preside at meetings of the council, shall have a vote only in the case of a tie vote by councilmen, but shall have veto power, to be exercised in the following manner: the mayor shall have five days after the meetings of the council in which to file with the city clerk his dissent in a written memorandum, and the council may

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at any time within thirty (30) days of such filing pass any ordinance, order, or resolution, notwithstanding the veto, by a vote of two-thirds of the total number of councilmen, to be taken by ayes and nays, and entered upon the minutes. The mayor shall also be the ceremonial head of the city; shall as a matter of course sign ordinances and resolutions upon their final passage, provided that his refusal to sign shall in no way impair the effect or validity of ordinances, orders, or resolutions duly passed by the council; shall obtain short term loans in the name of the city when authorized by the council to do so; shall sign, when authorized by the council to do so, deeds, bonds, contracts and other instruments executed by the city which are required by law to be in writing; and shall perform such other duties as are or shall be im posed by this charter and duly adopted ordinances.

Section 2.07. Vice-Mayor. Be it further enacted, that at the first regular meeting in January or at the earliest convenient opportunity thereafter, and after the newly elected councilmen have taken office following each regular election, the council shall elect from its member ship a vice-mayor for a term of one year.

Section 2.08. Vacancy in Office of Mayor or Councilmen. Be it further enacted, that a vacancy shall exist if the mayor or a councilman resigns, dies, moves his residence from the city, or is absent from four consecutive regular meetings of the governing authority, except if granted a leave of absence by the council, which leave shall be entered upon the minute books; or if he is adjudged incompetent or is convicted of malfeasance in office, or,of a felony, or any violation of election laws.

If a vacancy occurs on the council, a special election shall be held within a period of forty-five (45) days after the office becomes vacant pursuant to a call of a special election as provided by this charter; in the event such a special election is called, the existing vacancy shall be filled for the unexpired term. Provided, however, if a regular election for the city shall be held within three (3) months after the vacancy oc curs, the vacancy shall be filled for the unexpired term at such regular election.

In the event a vacancy should occur in the office of the mayor, a special election shall be called and held in the manner prescribed by the Georgia Municipal Election Code (Title 34A, Code of Georgia of 1933) as it now exists or may hereafter be amended.

Section 2.09. Compensation and Expenses. Be it further enacted, that the council may determine the salary of the mayor and councilmen by ordinance and in accordance with State law. Each councilman and the mayor, when authorized by the council and upon presentation of itemized vouchers shall receive their actual and necessary expenses in curred in the performance of their duties of office.

Section 2.10. City Administrator, (a) Be it further enacted, that the council may appoint a city administrator, who shall serve at the pleasure of the council. For so long as there is a city administrator in office all references in this charter to city clerk shall be read to refer to the city administrator. The city administrator shall be vested with

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such power and authority as may be granted to him by ordinance, which may include generally, but shall not be limited to, those duties of city clerk, purchasing agent for all departments, chief code inspector, co ordinator of commissions and departments, and the general manage ment of city business, under the direction and guidance of the mayor and council.
(b) In the event that the council elects to exercise its discretion in not appointing a city administrator, or decides to abolish such an office, then it shall have full authority to appoint a city clerk and to vest him with all powers and duties which, in the judgment of the city council, are necessary or proper for efficient and effective government administration.
Section 2.11. Requirement of Bond. The council shall require the city administrator or the city clerk, as the case may be, before entering upon discharge of his duties to give good and sufficient bond in an amount to be decided by the council, but not less than $50,000.00, payable to the City of Loganville, for the faithful performance of his duties and to secure against corruption, malfeasance, misappropriations or unlawful expenditures. Said surety bond shall be obtained from a surety company licensed to do business in the State of Georgia and approved by council, and the premium thereon shall be paid by the city.
For so long as there is a city administrator in office, whenever any act or function is required to be done by the city clerk, the city administrator of the City of Loganville shall perform said act or func tion.
Section 2.12. City Legislation. Be it further enacted, that any ac tion of the council, having a regulatory or penal effect or required to be done by ordinance under this Act, shall be done only by ordinance. Each ordinance shall be in written form, and read at a minimum of two meetings of the mayor and councilmen before being voted upon except in an emergency situation. The affirmative vote of at least a majority of the city council shall be required to pass any ordinance. After adop tion of ordinances, the city clerk shall number ordinances consecutive ly, in the order of their final adoption, and shall copy them into a permanent record book used solely for this purpose; and shall do like wise for resolutions, using a separate series of numbers and a separate record book. The original copies of all ordinances, resolutions, and mo tions shall be filed and preserved by the city clerk.

ARTICLE III
ORGANIZATION AND PERSONNEL
Section 3.01. Organization. Be it further enacted, that the city government shall continue as presently organized unless and until otherwise provided by ordinance. The council, by such ordinances, may establish, abolish, merge or consolidate offices, positions of employment, departments and agencies of the city; may provide that the same per-

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son shall fill a number of offices and positions of employment; may transfer or change the functions and duties of offices, positions of em ployment, departments and agencies of the city; and may prescribe the duties and compensation of any office or positions of employment.

Section 3.02. Administrative Duties of Mayor. Be it further en acted, that the mayor shall be the executive head of the city govern ment, responsible for the efficient and orderly administration of the city's affairs. He shall be responsible for the enforcement of laws, rules and regulations, ordinances and franchises in the city; and the city at torney shall take such legal action as the mayor may direct for such purposes. He may conduct inquiries and investigations into the conduct of the city's affairs and shall have such powers and duties as may be provided by ordinance not inconsistent with this charter. The mayor shall also have the authority to appoint committees of council members for the purpose of overseeing the operation of any office or department in the city government.

Section 3.03. City Attorney. Be it further enacted, that the coun cil shall appoint a city attorney, together with such associate city at torneys as may be authorized by ordinance, and shall provide for the payment of such attorney or attorneys for services rendered to the city. The city attorney and associate city attorneys shall be responsible for representing and defending the city in all litigation in which the city is a part; may each be the prosecuting officer in the recorder's court; shall attend the meetings of the council as directed; shall advise the council, mayor and other officers and employees of the city, con cerning legal aspects of the city's affairs.

Section 3.04. Oath of Office. Be it further enacted, that before a person takes any office in the city government, he shall take before an officer of the State, authorized to administer oaths, the following such oath or affirmation:

"I solemnly swear (or affirm) that I will support the Consti tution of the United States and of the State of Georgia; that I will in all respects, observe the provisions of the charter and ordi nances of the City of Loganville, and I will faithfully discharge the duties of ....__._,,-_____..._________. So help me God."

Said oaths, with the officer's jurat attached, shall be written or printed, and when executed, filed with the city clerk.

Section 3.05. Political Activity Prohibited. Be it further enacted, that no officer or employee of the city, other than the mayor and councilmen shall continue in the employment of the city after becoming a candidate for nomination or election to any city office. No councilman or mayor may run for any city office except the one presently held without first resigning from such office.
Section 3.06. Personal Financial Interest. Be it further enacted, that any city officer or employee who has a financial interest, direct or indirect or by reason of ownership of stock in any corporation, in any contract with the city or in the sale of any land, material, supplies or

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services to the city or to a contractor supplying the city shall make known that interest by announcement at a council meeting or in writ ing to the city clerk and shall refrain from voting upon or otherwise participating in this capacity as a city officer or employee in the mak ing of such sale or in the making or performance of such contract. Any city officer or employee who willfully conceals such financial interest or willfully violates the requirements of this Section shall upon con viction be found guilty of malpractice or malfeasance in office or posi tion and shall forfeit his office or position. Violation of this Section with the knowledge express or implied of the person or corporation involved in such a contract or sale shall render the contract or sale voidable by the mayor and council.
Section 3.08. City Planning and Renewal. Be it further enacted, that the council may create and establish a planning commission pur suant to the provisions of general law as they now exist or as they may hereinafter be amended.

ARTICLE IV
FISCAL ADMINISTRATION
Section 4.01. Property Taxes. Be it further enacted, that all prop erty subject to taxation for State or county purposes, assessed as of January 1 of each year, shall be subject to the property tax levied by the City of Loganville. The council by ordinance may elect to use the county assessment for the year in which the city taxes are to be levied, or may provide for an independent city evaluation or assessment as provided by Georgia Code Section 92-4001 or by any other Georgia law.
Section 4.02. Listing, Assessing and Collecting Taxes. Be it further enacted, that the council shall be authorized to prescribe by ordinance the manner in which ad valorem taxes on real and personal property within the corporate limits of the city shall be listed, assessed and col lected.
Section 4.03. Tax Levy. Be it further enacted, that the council shall be authorized to levy an ad valorem tax on all real and personal property within the corporate limits of the city for the purposes of raising revenues to defray the costs of operating the city government, providing governmental services, and for other public purposes as deter mined by the council in its discretion. The council is also authorized to provide for sufficient levy to pay principal and interest on general obligations. The City of Loganville is hereby exempted from the provi sions of Georgia Code Sections 92-4101 through 92-4104. inclusive.
Section 4.04. Tax Due Dates and Tax Bills. Be it further enacted, that the council shall provide by ordinance when the taxes of the city shall fall due and in what length of time said taxes may be paid, and shall provide by ordinance for the payment of taxes due to the city either in installments or in one lump sum, in its discretion. The council shall also provide for how and upon what terms such taxes shall be

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due and payable, and may authorize voluntary payment of taxes prior to the time when due.

Section 4.05. Collection of Delinquent Taxes. Be it further enacted, that the council may provide by ordinance for the collection of delin quent taxes by fi. fa. issued by the city clerk and executed by any police officer of the city or other person appointed by the council, under the same procedure provided by the laws governing execution of such process from the superior courts of Georgia, or by the use of any other legal processes and remedies provided by Georgia law. City property taxes shall constitute a lien against all property upon which city prop erty taxes are levied, as of the assessment date of January 1 of each year, which shall be superior to all other liens except that it shall have equal dignity with those of Federal, State or county taxes. In cases of hardship, the council shall have discretionary authority to waive any and all penalties imposed by this charter on delinquent taxes, fees, as sessments or other amounts due to the city.

Section 4.08. Special Assessments. Be it further enacted, that the council shall have the power and authority to assess all or part of the cost of constructing, reconstructing, widening or improving any public way, street, sidewalk, curbing, gutters, sewers or other utility mains or appurtenances against the abutting property owners, under such terms and conditions as provided by ordinance. Such special assessments shall become delinquent thirty days after their due dates and shall thereupon be subject to a penalty of ten percent of the amount due in addition to fi. fa. charges or shall thereafter be subject to interest at the rate of nine percent per annum from due date until paid. A lien for such amount plus fi. fa. charges, interest and penalties shall exist against the abutting property superior to all other liens, except that it shall be of equal dignity with county and city property taxes, and said lien shall be enforceable by the same procedures and under the same remedies as provided in this article for city property taxes.

Section 4.07. Licenses and Occupational Taxes. Be it further enacted, that the council may provide by ordinance for the levy of such license and occupation taxes upon the residents of the City of Loganville, both individual and corporate, and upon all those who transact or offer to transact business therein, or who practice or offer to practice any profession or calling therein, as the council may deem expedient for the public health, safety, benefit, convenience or advantage of the city. The council shall have the power to classify businesses, occupations, professions, or callings for the purpose of taxation in any way which may be lawful; to require such persons to procure appropriate licenses; to compel payment for such licenses; and to provide by ordinance rules and regulations necessary or proper to carry out the powers herein con ferred, and to prescribe penalties for the violation thereof.

Section 4.08. Garbage Collection Service Charges. Be it further enacted, that the council may provide by ordinance for the assessment and collection of fees, charges or tolls for garbage collection services rendered within or without the corporate limits of the City of Loganville, in order to defray the cost of collection and disposal of garbage through the garbage facilities of said city. If unpaid, the garbage col lection service charge shall constitute a lien against any property of

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persons served, which lien shall be superior to all other liens, except that it shall be of equal dignity with liens for county and city property taxes, and shall be enforceable in the same manner and under the same remedies as a lien for city property taxes.

Section 4.09. Transfer of Executions. Be it further enacted, that the city clerk of the City of Loganville shall be authorized to transfer or assign any fi. fa. or execution issued for any tax or for any street, sewer, or other assessment in the same manner and to the same extent as provided by Georgia law regarding sales and transfers of tax fi. fas. Such transfer or assignment, when made, shall vest the purchaser or transferee with all right, title, and interest as provided by Georgia law governing sales and transfers of tax fi. fas. Provided that, upon levy of execution and sale of property pursuant to such tax fi. fa., whether assigned, transferred or executed by the city, the owner of such prop erty in fee simple or lesser interest, shall not lose his right to redeem the property in accord with the requirements of redemption of property sold under State or county ad valorem tax fi. fas., as said requirements now exist or as may be provided by law from time to time.

Section 4.10. General Obligation Bonds. Be it further enacted, that the council shall have the power to issue bonds for the purpose of rais ing revenue to carry out any project, program or venture authorized under this charter or the general laws of the State. Such bonding au thority shall be exercised in accordance with the laws governing bond issuances by municipalities in effect at the time said issue is under taken.

Section 4.11. Revenue Bonds. Be it further enacted, that revenue bonds may be issued by the council as now or hereafter provided by an Act of the General Assembly of Georgia, approved March 31, 1937, known as the Revenue Bond Law (Ga. Laws 1937, p. 761) as now or hereafter amended.

Section 4.12. Budget. Be it further enacted, that the city govern ment of Loganville shall be operated on a budget. The council shall, by ordinance, set the fiscal year and set the procedures to be followed in adopting, changing, and following the budget. Provided, however, that the budget shall be published in a newspaper of general circulation in Loganville for at least two consecutive issues after the budget is adopted each year.

ARTICLE V
ELECTIONS
Section 5.01. Regular Elections; Time for Holding and Taking Of fice. Be it further enacted, that the regular election for mayor and councilmen, or for councilmen as the case may be, shall be held on the first Thursday in December of each year. Runoff elections, if required, shall be held on the second Thursday in December. Officials elected at any regular election shall take office on the first day of January next following such election.

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Section 5.02. Notice of Candidacy. Be it further enacted, that any person desiring to become a candidate in any regular election shall file written notice of his candidacy with the municipal superintendent not less than fifteen (15) nor more than forty-five (45) days, as prescribed by ordinance, prior to the date fixed for the holding of any such elec tion. Any person desiring to become a candidate in any special election shall file written notice of his candidacy with the municipal superin tendent not less than ten (10) days nor more than thirty (30) days, as prescribed by ordinance, prior to the date fixed for the holding of any such election.

Section 5.03. Qualification of Electors. Be it further enacted, that any person meeting the qualifications of an elector for members of the General Assembly under State law who has been a bona fide resident of the City of Loganville for at least ninety days next preceding the election in which he desires to vote or such period as may otherwise be provided by the Georgia Municipal Election Code, shall be qualified to register as an elector in any city election held under this charter.

Section 5.04. Applicability of General Laws. Be it further enacted, that except as otherwise provided by this charter, the election of all officials of the City of Loganville where provision is made for elec tion by the qualified voters thereof, shall be conducted as to special or general elections in conformity so far as applicable with the provisions of the Georgia Municipal Election Code (Title 34A of the Code of Geor gia of 1933), as it now exists or may hereafter be amended. Whenever any time period established by the Election Code is altered so as to change or supersede any time period provided herein, it shall be con sidered that the time periods provided herein will be correspondingly changed so as to avoid any conflict between this charter and the general law of the State.

Section 5.05. Time of Election. Be it further enacted, that the polls shall be open from 7 o'clock a.m. local time to 7 o'clock p.m. local time.
Section 5.06. Place of Elections. Be it further enacted, that the polling place or places for holding election shall be prescribed by the council and shall be published in the election notice as required by law; provided, however, any change in a polling place shall be effected as provided by Section 34A-604 of the Code of Georgia of 1933 as it now exists or may hereafter be amended.
Section 5.07. Voter Registration. Be it further enacted, that in all elections held in the City of Loganville, whether special or general elec tions, the voters, in addition to the qualifications already prescribed shall be registered as may be prescribed by ordinance.
Section 5.08. Rules. Be it further enacted, that the council is here by authorized to enact by ordinance such additional rules consistent with this charter and general laws as are deemed necessary for the conduct of elections.
Section 5.09. Absentee Ballots. Be it further enacted, that the council in its discretion is authorized to provide by ordinance for ab sentee ballots.

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ARTICLE VI

MUNICIPAL UTILITIES

Section 6.01. Powers of the Cpuncil. Be it further enacted, that the council shall have authority and power to acquire, hold, build, ex tend, equip, maintain and operate waterworks, electric light and power, sewerage, and natural gas distribution for municipal purposes, and to establish rates and charge fees for services rendered in any of said systems; to finance any of said systems through appropriate bond is sues in accordance with the laws of Georgia; to exercise the power of eminent domain in regard to any of said systems, both within and with out the corporate limits; and to contract to furnish any of the services of said systems to consumers outside the corporate limits of the City of
Loganville.

Section 6.02. Power to Obtain Land and Use of Land. Be it further enacted, that the City of Loganville shall have the right, easement, and franchise of laying the necessary mains, pipes, conduits, drains, and other reasonable or necessary appurtenances for the purpose of extend ing any of the above systems across any land inside or outside the corporate limits of said city by exercise of the power of eminent do main, and along the highways in the County of Walton without cost.

Section 6.03. Protection. Be it further enacted, that the council may provide by ordinance for the protection of water basin and water shed from which the water supply is taken, to prevent contamination thereof, and to protect any of the systems provided for in this article, including the mains, pipes, conduits and appurtenances thereto, whether situated within or without the corporate limits of the City of Loganville.

Section 6.04. Offices, Commissions Generally; Creation. Be it further enacted, that the council shall have authority to create by ordi nance such offices and commissions in addition to the commissions and boards created by this charter as are deemed necessary to carry out the provisions of this article, and shall appoint members of such com missions and holders of such offices as are thus created by them, and such appointees shall serve at the pleasure of the council.

Section 6.05. Water, Light and Gas Commission; Creation. Be it further enacted, that the council shall elect from the qualified voters of the city, who are otherwise entitled to hold office in the city, three persons to be known as the "Water, Light and Gas Commission"; pro vided that the mayor of the city may appoint one of the commissioners from the city council.

The terms of office of the persons so elected shall expire respec tively at the first regular meeting of the council in the month of Sep tember, 1971, 1972 and 1973, or when their successors are duly elected as hereinafter provided. At the expiration of the terms of any of the commissioners, the council shall elect a commissioner for a term of three years; provided that vacancies untimely caused by death, resignation, removal or other cause, shall be filled by the council for the unexpired
term.

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The commissioners comprising said Water, Light and Gas Commis sion shall be amenable to the council and subject to removal from office only after notice and an administrative hearing being offered them be fore the mayor and council and only after such individual is found guilty of malpractice, misfeasance, misconduct or neglect of duties in office.

Section 6.06. Water, Light and Gas Commission; Employees. Be it further enacted, that the Water, Light and Gas Commission is here by authorized to employ a clerk for such commission and such assistants as may be deemed necessary by the commission, and to prescribe the salaries of all such employees. The office of clerk of the Water, Light and Gas Commission shall be separate from the office of city clerk, and the clerk of the Water, Light and Gas Commission shall give bond in the sum of ten thousand dollars ($10,000.00) payable to the city, and assistant clerks of said commission shall give bond payable to the city in such amounts as may be determined by the commission, but in any event not less than three thousand dollars ($3,000.00).

Section 6.07. Water, Light and Gas Commission; Powers. Be it further enacted, that the Water, Light and Gas Commission shall have power and authority to carry out any contract made by the city for all services of Section 6.01 if authorized by the council with and out of the proceeds arising from the sale of bonds for this purpose. They shall have the management and control of the operation of such systems and shall have power and authority to maintain, repair and extend such systems, as in their judgment may seem proper, or as the mayor and council may direct. They are hereby empowered to charge the citizens of the city and all persons such sums as they may deem just and proper for the use of such systems of the city, and shall have power to en force such rules and regulations; and they may further enforce pay ment of any amount due the city for such systems by having their clerk to report delinquent accounts to the city clerk, who shall issue execu tion to be levied and collected as other executions. The commissioners shall elect annually from time to time a superintendent and engineer, and shall appoint such other agents and servants as may be necessary to operate the plant. All salary schedules will be presented to the city council for their approval.

A certain percentage of the gross revenues derived from the opera tion of said systems shall be set aside each year as a capital improve ment fund, as authorized by the council.

Section 6.08. Water, Light and Gas Commission; Rules and Reg ulations. Be it further enacted, that the water, light and gas commission may make such rules and regulations as they deem proper regarding the operation of such systems, but shall not make any contracts for such systems for a period longer than one year, nor shall they by con tract limit or restrain their own power nor that of their successors to make contracts with other persons, or modify or discontinue such as they make whenever in their judgment it is best to do so.

The Commissioners may pass such rules and regulations for the protection of the systems as they may deem proper, and when adopted

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by the council of the city they shall have the force and effect of ordi nances of the city.

Section 6.09. Water, Light and Gas Commission; Budgets, Reports. Be it further enacted, that the water, light and gas commission shall present to the council at least 30 days before the beginning of each year a proposed budget for the following year; the council may amend such budget as it sees fit, and upon approval of said budget, shall al locate the appropriate funds for operation thereunder. Said commission shall also make a quarterly report for all receipts and disbursements and such other items as they see fit or as the council may require. All checks for all disbursements by said commission must be countersigned by the mayor. All checks for all disbursements by the City of Loganville must be countersigned by the mayor.

Section 6.10. Water, Light and Gas Commission; Expansion Fund. Be it further enacted, that seven percent of the gross revenue received per month from the operation of any utility systems operating under the authority of the water, light and gas commission shall be placed in a reserve fund separate from all other funds. The money in this fund shall be used for expansion or major maintenance and repair ex pense of any of the city's utility systems. Provided that, the aggregate amount in this fund for any given year shall not exceed forty percent (40%) of the gross receipts for the previous year.

Section 6.11. Alienation of Utility Systems; Limits. Be it further enacted, that the systems provided for in this article shall not be sold, leased, or otherwise transferred or disposed of unless authorized by a vote of two-thirds of the registered voters of the City of Loganville voting at an election for such purpose, to be held in accordance with Georgia law; provided that said two-thirds so voting shall not be less than a majority of all of the registered voters of said city. Provided further that the council shall be free to authorize disposal of equipment deemed obsolete or no longer usable.

ARTICLE VII
RECORDER'S COURT
Section 7.01. Creation. Be it further enacted, that there is hereby established a court to be known as the "Recorder's Court, City of Logan ville", which shall have jurisdiction and authority to try offenses against ordinances of said city and to punish for a violation of the same. Such court shall have the power to enforce its judgments by the imposition of such penalties as may be provided by law; to punish witnesses for nonattendance, and to punish also any person who may counsel or advise, aid, encourage, or to persuade another whose testimony is desired or material in any proceeding before said court, to go or move beyond the reach of the process of the court; to try all offenses within the territor ial limits of the City of Loganville constituting traffic cases which tinder the laws of Georgia are placed within the jurisdiction of municipal or police courts to the extent of and in accordance with the provisions of such laws and all laws subsequently enacted amendatory thereof; to

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establish bail and recognizances to insure the presence of those charged with violations and may prescribe the conditions of forfeiture of the same; and to administer oaths and to perform all other acts necessary and proper to the conduct of said court. The presiding officer of such court shall be known as the recorder. Said court shall be convened at such times as designated by ordinance or at such times as deemed necessary to keep current the dockets thereof. The court shall sit at a place designated by the council.

Section 7.02. Recorder. Be it further enacted that (a) No person shall be qualified or eligible to serve as recorder unless he shall have attained the age of 21 years, and shall be qualified to vote in Loganville and Walton or Gwinnett County. The recorder shall be appointed by the council, and shall serve at the discretion of the council. The com pensation of the recorder shall be fixed by the council.

(b) The mayor shall serve in the absence of the recorder and shall have the same qualifications as the recorder.

(c) Before entering on duties of his office, the recorder shall take an oath before an officer duly authorized to administer oaths in this State, that he will truly, honestly and faithfully discharge the duties of his office to the best of his ability without fear, favor or partiality. This oath shall be entered upon the minutes of the meeting of the coun cil.

Section 7.03. Jurisdiction. Be it further enacted, that the recorder shall have power to impose fines, costs and forfeitures for the violation of any ordinance of the City of Loganville passed in accordance with this charter, to an amount not to exceed five hundred dollars ($500.00), to imprison offenders for a period of not more than sixty (60) days, or at labor on the roads and streets or other public works of said city for not more than sixty (60) days; and the said recorder shall have the power and authority to impose any one or more of these punishments when he shall find that the facts of the case so justify. Said recorder shall not have the authority to inflict a greater punishment for contempt than to impose a fine of one hundred dollars ($100.00) or imprison ment not exceeding twenty (20) days, or any combination of the two. He shall be to all intents and purposes a justice of the peace, so far as to enable him to issue warrants for offenses committed within the limits of the City of Loganville which warrants may be executed by any officer of said city, and to commit the offenders to jail or admit them to bail in bailable cases for their appearance at the next term of court of competent jurisdiction to be held in said city. The recorder's court shall also have concurrent jurisdiction with that of the justice of the peace over offenses against the criminal laws of the State committed within the corporate limits. Except as may herein otherwise be specified, the recorder is vested with all of the jurisdiction and powers as to the entire area within the corporate limits of the City of Loganville. The recorder's court is specifically invested with all jurisdiction and powers throughout the entire area within the corporate limits granted by State laws generally to mayors and recorders, and police courts, and particu larly such laws as authorize the abatement of nuisances. Said recorder is hereby authorized to administer oaths.

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Section 7.04. Right of Appeal. Be it further enacted, that the right of appeal and any bond as may be required to secure the costs on appeal to the Superior Court from the recorder's court shall lie in the same manner and under the same procedure as generally prescribed for appeals and appeal bonds from the court of ordinary. Provided, however, any person convicted of an offense shall have ten (10) days to file his appeal. An appeal to the superior court shall be a de novo proceeding.
Section 7.05. Court Costs. Be it further enacted, that in all cases in the recorder's court of the City of Loganville, the costs incurred and allowable herein may be computed under the provisions of the laws of the State of Georgia fixing costs in the justice of the peace courts of said State, or the city council may establish a schedule of fees to de fray the costs of operation. The city shall be entitled to reimburse ment of the costs, meals, transportation, and caretaking of prisoners bound over to the superior court for violations of State law. The council also may provide a uniform scale of costs of the clerk and police of ficers of said city for all services in the arrest and prosecution of of fenders in the recorder's court and in the issuance and collection of tax and other executions; and for their collections and payment into the city treasury. The recorder, or the city clerk in the recorder's name, is hereby authorized to issue subpoenas to compel the attendance of wit nesses to said recorder's courts, and to issue such other processes as may be necessary to the proper administration of said court.

Section 7.06. Rules for Court. Be it further enacted that, the council may adopt in part or in toto the rules and regulations relative to the procedures of the operation of the superior courts under the general laws of the State of Georgia. The rules and regulations made or adopted for said court shall be filed with the city clerk and shall be available for public inspection.

Section 7.07. Warrants. Be it further enacted, that in the absence of the recorder, the mayor and each councilman shall be ex-officio jus tice of the peace in said city for the purpose of issuing warrants for offenses against the penal laws of the State committed within the corporate limits of said city and shall have authority to issue warrants for offenses against the ordinances of said city.

ARTICLE VIII
OTHER BOARDS: ORGANIZATION AND PROCEDURES
Section 8.01. Board of Police Commissioners. Be it further enacted, that the city council of the City of Loganville is authorized to establish^ abolish, modify and reestablish in its discretion a Board of Police Com missioners, and to provide for the appointment, removal with or without cause, compensation, duties, powers and qualifications of the members thereof; provided that any member selected to serve as commissioner on said board shall be a qualified voter of said city. The terms of office of the commissioners shall be for three years and until their successors are elected and qualified. At the expiration of the terms of any of the

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2173

commissioners or upon the occurrence of any untimely vacancy due to death, resignation, removal, or other cause, the council shall elect a new commissioner (and may in its discretion, elect the same commis sioner for successive terms) to serve the new or the unexpired term. The commissioners, when so appointed, shall have authority to appoint a chief of police and such policemen as they deem necessary, and to supervise them generally, fix their compensation, and remove each or all of them with or without cause.

Section 8.02. Budget Required; Fiscal and Other Reports. Be it further enacted, that if a Board of Police Commissioners is established, then a proposed annual budget for each year shall be presented to the council by the Board at least 30 days before the beginning of each fiscal year, and upon approval and if necessary, modification, of said budget by the council, the funds allocated therein for the operation of said commission shall be paid to the Board by the council. Said Board shall make quarterly reports to the council of all receipts and disburse ments and of such other matters as they deem proper, or as the council may require.

Section 8.03. Powers of the Chief of Police. Be it further enacted, that (a) In the event the mayor or council elect to exercise the author ity granted herein to elect a Board of Police Commissioners, the Chief of Police of said city shall be appointed by said Board.

(b) In the event the mayor and council elect not to exercise the authority to appoint a Board of Police Commissioners as herein con ferred, the mayor and council shall appoint a chief of police and such other members of the police force as they deem necessary for the good order and protection of the City of Loganville and shall have the au thority to discharge any policeman including the chief of police, with or without cause. In the event that there is no chief of police appointed by the city governing authorities, all of the rights, powers, duties, and re sponsibilities conferred by this charter upon the chief of police shall be vested in such other member of the police force as the mayor and council shall designate, but the mayor shall have control over the police force so elected. In the event of any vacancy occurring due to death, resignation, removal or any other cause, on the police force the mayor shall have the authority to make a temporary appointment to fill the vacancy until such time as the mayor and council shall meet in order to act on said vacancy. The council shall have authority to appoint special policemen when in its judgment a need arises therefor, who shall serve in any emergency until their services are terminated by the council.
Section 8.04. Zoning Authority. Be it further enacted, that the council may in the interest of the public health, safety, order, con venience, comfort, prosperity or general welfare, adopt by ordinance a plan or plans for the districting or zoning of the city for the purpose of regulating the location of trades, industries, apartment houses, dwel lings or other uses of property or for the purpose of regulating the height of buildings or other structures, or for the purpose of aligning buildings or other structures near street frontages.

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Section 8.05. Board of zoning Appeals. Be it further enacted, that the council may create a board of zoning appeals, which shall hear and decide appeals from and review any order, requirement, decision or determination made by the inspector of buildings or other enforcement, officer in the enforcement of the zoning regulation. The council may authorize the board of zoning appeals to administer the details of the application of any zoning regulation and may delegate to the board power deemed necessary for administration of the zoning regulations.

Section 8.06. Retirement and Disability Benefit System; CreationBe it further enacted, that the city council is empowered to create a system of retirement for employees of the City of Loganville, Georgia, and to provide benefits for such employees due to any accident or il lness resulting from occupational hazards.

Section 8.07. Powers of the City as to Retirement Plan. Be it further enacted, that the council shall have the right to adopt any ordi nances, resolutions or regulations governing the operation, administra tion, character, and nature of such plan, subject to the provisions of this charter, and may create a retirement board as provided below, and may abolish and may recreate said board at pleasure.

Section 8.08. Retirement Board; Members, Terms, Secretary. Be it further enacted, that in the event the council elects to appoint a re tirement board, the general administration and responsibility for theproper operation and disbursement of said retirement fund according to the provisions of this Act or city ordinances shall be vested in said Retirement Board which shall consist of the mayor and one council man, said councilman to be chosen by a majority vote of the city council of Loganville, the city clerk, one employee to be chosen by a majority vote of the city employees affected hereby, assembled for such purpose and presided over by the city clerk, who shall certify the elected mem ber, and a fifth member to be selected from among the private citizens of said city by the aforementioned four. The terms of office of themembers of said Board shall be as follows: The mayor and council and city clerk to serve during their terms of office, it being expressly under
stood that the term of said mayor and councilman and city clerk on the
retirement board shall be determined by the office and not by the in
dividual. The Board member elected by the employees and the private
citizen member so chosen as above provided shall each be for a term
of two years and until a successor has been selected and qualified. Said'
Retirement Board may be delegated authority to establish reasonable
rules and regulations for the purpose of administering this Act. The
Secretary of said Board, who shall be the city clerk, shall give bond
payable to said retirement board in such amount as may be prescribed
by said Board, and any reasonable expense necessarily incurred in pro
viding such bond shall be paid out of said retirement fund. The secre
tary of said retirement board shall keep the minutes of all meetings of
the Board, recording all of the official acts of said Board, which min
utes shall be a part of the permanent public records of the City of
Loganville, to be kept in the office of the clerk of said City of Logan
ville.

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ARTICLE IX

SEVERABILITY

Section 9.01. Severability. Be it further enacted, that in the event any section, subsection, sentence, clause or phrase of this Act shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no manner affect the other sections, subsections, sentences, clauses, or phrases of this Act, which shall remain of so full force and effect, as if the section, subsection, sentence, clause or phrase so declared or adjudged invalid or unconstitutional was not originally a part hereof, the General Assembly hereby declares that it would have passed the remaining parts of this Act if it had known that such part or parts hereof would be declared or adjudged invalid or unconstitutional.

ARTICLE X

REPEALER

Section 10.1. Repealer. Be it further enacted, that 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, substitute, was agreed to.

On the passage of the Bill, by substitute, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.
SB 13. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act entitled "An Act Au thorizing the Board of Commissioners of Roads and Revenues for Fulton County to establish rules and regulations governing pensions to county employees, etc.", so as to provide for credit for federal government em ployment; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

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SB 44. By Senator Stephens of the 36th:
A Bill to be entitled an Act to amend an Act creating the Judges and Solicitor General's Retirement Fund of Fulton County, as amended, so as to allow credit for a limited amount of service in the armed forces of the U. S. during periods of war or national emergency; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the ayes were 115, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HR 803-1953. By Mr. Sorrells of the 24th:
A RESOLUTION
Proposing an amendment to the Constitution so as to authorize, on and after January 1, 1973, the governing authority of the City of Monroe to tax and control the manufacture, possession, distribution and sale of alcoholic beverages, possession, distribution and sale of alcoholic bev erages and liquors within such city and to authorize the manufacture,. possession, distribution and sale of alcoholic beverages and liquors with in said city; 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 IV, Paragraph VI of the Constitu tion is hereby amended by adding at the end thereof the following:
"On and after January 1, 1973, the sale of alcoholic beverages and liquors by the package shall be authorized in the City of Monroe and the governing authority of the City of Monroe is hereby au thorized to tax and control the manufacture, possession, distribution and sale of alcoholic beverages and liquors within the territorial limits of the City of Monroe. The taxation and control of the manu facture, possession, distribution and sale of alcoholic beverages and liquors, by the governing authority of the City of Monroe, pursuant to the authority herein granted, shall be in compliance with the laws of this State governing the same, and the governing authority of the City of Monroe shall have the authority to tax and control the manufacture, possession, distribution and sale of alcoholic bev erages and liquors in the same manner as if a referendum election had been held in Walton County under the provisions of the Revenue Tax Act to Legalize and Control Alcoholic Beverages and Liquors,.

MONDAY, FEBRUARY 28, 1972

2177

approved February 3, 1938 (Ga. Laws 1937-38, Ex. Sess., p. 103), as amended, and a majority of the votes cast in said election had been in favor of the taxation and control of alcoholic beverages and liquors. The governing authority of the City of Monroe is authorized to exercise such power and authority without regard to whether the manufacture, possession, distribution and sale of alcoholic bever ages and liquors is authorized in Walton County."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Paragraph I of the Constitution of Georgia of 1945, as amended. :

The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to authorize the sale of alcoholic beverages and liquors by the pack-
NO ( ) age in the City of Monroe and to authorize the govern ing authority of the City of Monroe to tax and control the manufacture, possession, distribution and sale of alcoholic beverages and liquors within the City?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against rati fying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John
Adams, Marvin Alexander, W. H.
Alexander, W. M. Alien Atherton Barfield Battle
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

2178
Cole Collier Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Ployd, J. H. Ployd, L. R. Praser Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Gunter Harrington Harris Harrison Hays Hill, B. L. Horton Housley

JOURNAL OF THE HOUSE,

Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson
Jones, Herb Jordan
Keyton King Knight Knowles
Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey
Mason Matthews, C. Mauldin Maxwell
McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax

Murphy Nessmith Northcutt Nunn
Odom
Patterson Pearce
Peters Phillips, G. S.
Phillips, L. L. Phillips, W. E. Pinkston Potts Rainey Roach Rush
Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Shermaii
Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Strickland Thomason Thompson Toles Townsend Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T.

Those not voting were Messrs.:

Bell Blackshear Collins, M. Colwell Dean, J. E. Farrar Felton Granade Ham

Hamilton
Hawes Hill, G. Hood Jones, J. R. Larsen, G. K.
Larsen, W. W. Marcus Matthews, D. R.

McDonald
Noble Oxford Patten Pickard Poole Reaves Ross Russell, A. B.

Savage Shepherd Sorrells
Stephens

MONDAY, FEBRUARY 28, 1972

2179

Sweat Triplett Wamble

Wilson Wood, R. E. Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.
HR 804-1953. By Messrs. Dean and Mason of the 13th:
A RESOLUTION
Creating the Gwinnett County Facilities and Law Enforcement Council; and for other purposes.
WHEREAS, Gwinnett County is one of the most rapidly growing and expanding counties in the State; and
WHEREAS, this rapid growth and population increase has sub stantially increased the demands upon county facilities and services; and
WHEREAS, such growth and the proximity of Gwinnett County to a major metropolitan area has resulted in a marked increase in the crime rate in Gwinnett County; and
WHEREAS, these situations have resulted in great increases in county expenditures for law enforcement and in performing and deliver ing county services; and
WHEREAS, the need for additional or new jail and courthouse fa cilities is manifest; and
WHEREAS, in order to protect the interest of the taxpayers, while still operating effective and efficient law enforcement agencies and at the same time diminishing the duplication of functions, a study of the above matter should be effected.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that there is hereby created the Gwinnett County Facilities and Law Enforcement Council to be composed of the following members:
Two members to be appointed by the Judge of the Superior Court of Gwinnett County; one member to be appointed by the State Court of Gwinnett County; one member to be appointed by the sheriff of Gwinnett County; two members to be appointed by the

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Board of Commissioners of Gwinnett County; and three members to be appointed by the General Assembly representing Gwinnett County.

The Council shall elect a Chairman and such other officers as they deem necessary and shall conduct an exhaustive study into the above matters and present its report and recommendations thereon prior to De cember 1, 1972, at which time the Council 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 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, S.
Coney, G. D. Coney, J. L. Conger Connell
Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl
Grantham Greer Griffin

Groover Gunter Harrington
Harris Harrison Hays Hill, B. L.
Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson Jones, Herb Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leggett Levitas Lewis
Logan

Longino Lowrey Mason
Matthews, C. Mauldin Maxwell
McCracken McDaniell Melton Merritt
Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax
Murphy Nessmith

MONDAY, FEBRUARY 28, 1972

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Northcutt Nunn
Odom Patterson Pearce
Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston
Potts Rainey Roach Rush Russell, H. P.
Russell, W. B. Salem Scarborough Shanahan Sherman

Sims Smith, H. R.
Smith, J. R. . Smith, V. T.
Snow Strickland Thomason
Thompson Toles Townsend
Tripp Turner Vaughn
Ware Wheeler, Bobby Wheeler, J. A.
Whitmire Williams Wood, J. T.

Those not voting were Messrs.:

Bell Blackshear Collins, M. Colwell Dean, J. E. Farrar Felton Granade Ham Hamilton Hawes Hill, G. Hood

Jones, J. R. Larsen, G. K. Larsen, W. W. Marcus Matthews, D. R. McDonald
Noble Oxford Patten Pickard Poole Reaves

Ross Russell, A. B.
Savage Shepherd Sorrells
Stephens Sweat Triplett Wamble Wilson Wood, R. E.
Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite two thirds constitutional ma jority, was adopted.

HR 807-1961. By Messrs, Leggett and Isenberg of the 67th:
A RESOLUTION
Proposing an amendment to the Constitution so as to pr9vide that the homestead of each resident of Glynn County who is, 62 years of age or over and who has an income from all sources, including the income of

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certain members of the family, not exceeding $6,000.00 per annum, shall be granted an exemption from all ad valorem taxation for educational purposes levied by said county; to provide for the submission of this amendment for ratification or rejection; and for other purposes.

BE IT RESOLVED BY THE GENERAL ASSEMBLY OP GEOR GIA:
Section 1. Article VII, Section I, Paragraph IV of the Constitution is hereby amended by adding at the end thereof the following:

"The homestead of each resident of Glynn County 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 residing within said homestead, exceeding $6,000.00 per annum, shall be exempt from all al valorem taxation for educational purposes levied for and in behalf of the Glynn County School System, including taxes to retire school bond indebtedness. No such exemption shall be granted unless an affidavit of the owner of the homestead is filed with the Tax Commissioner of Glynn County giving his age, the amount of income which he received for the immediately preceding calendar year, the income which the members of his family residing within the homestead received for such period, and such additional information relative receiving the benefits of the exemption granted by this paragraph as will enable the Tax Commissioner to make a determination as to whether such owner is entitled to said exemption. The Tax Commissioner shall provide affidavit forms for this purpose. The exemption granted to the homestead within this paragraph shall extend to and shall apply to those properties, the legal title to which is vested in one or more title holders, if actually occupied by one or more such owners as a residence, and one or more such title holders possess the qualifications provided for in this para graph. In such instances, such exemptions shall be granted to such properties, if claimed in the manner herein provided by one or more of the owners actually residing on such property. Such exemptions shall also extend to those homesteads, the title to which is vested in an administrator, executor or trustee, if one or more of the heirs or cestui que uses residing on such property shall possess the quali fications provided for herein and shall claim the exemptions granted by this paragraph in the manner herein provided. The exemption provided for herein shall apply to all taxable years beginning after December 31, 1972."

Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.

MONDAY, FEBRUARY 28, 1972

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended to as to provide that the homestead of each resident of Glynn County
( ) NO who is 62 years of age or over and who has an income from all sources, including the income of certain mem bers of the family not exceeding $6,000.00 per annum, shall be granted an exemption from all ad valorem ttayx?a"tion for educational purposes levied by said coun
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bennett, J. T., Jr. 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, S. Coney, G. D. Coney, J. L. Conger Connell

Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Floyd, J. H. Floyd, L. R. Eraser Gary Gaynor

2184
Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Gunter Harrington Harris Harrison Hays Hill, B. L. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J.

JOURNAL OF THE HOUSE,

Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Patterson Pearce Peters Phillips, G. S.

Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Roach Rush Russell, H. P. Russell, W. B.
Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Strickland Thomason Thompson Toles Townsend Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T.

Those not voting were Messrs.:

Bell Blackshear Collins, M. Colwell Dean, J. E. Farrar Felton Granade Ham Hamilton Hawes Hill, G. Hood

Jones, J. R. Larsen, G. K. Larsen, W. W. Marcus Matthews, D. R. McDonald Noble Oxford Patten Pickard Poole Reaves

Ross Russell, A. B. Savage Shepherd Sorrells Stephens Sweat Triplett Wamble
Wilson Wood, R. E. Mr. Speaker

On the adoption of the Resolution, the ayes 158, nays 0.

MONDAY, FEBRUARY 28, 1972

2185

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

HR 808-1961. By Messrs. Lee, Busbee, Hutchinson and Odom of the 61st:
A RESOLUTION
Proposing an amendment to the Constitution so as to create the Albany-Dougherty County Governmental Revision Commission for the purpose of investigating all matters relating to the consolidation of the government of the City of Albany and Dougherty County or any depart ment, district, division, function, or other portion of such governments and for the purpose of drafting a charter or other proposals for their submission to the voters of the City of Albany and to the voters of Dougherty County; to 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 VII of the Constitution is hereby amended by adding at the end thereof the following:
"Any other provision of this Constitution to the contrary not withstanding, there is hereby created the Albany-Dougherty Coun ty Governmental Revision Commission, herein called the Commis sion. The Commission shall be composed of all of the members of the Albany-Dougherty County Governmental Study Commission. Members of the Commission shall enter upon their duties immedi ately and shall serve without compensation, but shall be reimbursed for their actual expenses incurred in the performance of their duties as members of the Commission. If a vacancy should occur on said Commission for any reason, or if any member of the AlbanyDougherty County Governmental Study Commission is deceased or declines to serve on the Commission, the authority originally mak ing that appointment to the Albany-Dougherty County Government al Study Commission shall promptly fill the same by appointment. Thirteen members of said Commission shall constitute a quorum for the transaction of business. Any person holding an elected public office in the City of Albany or Dougherty County shall be ineligible to serve as a member of the Commission.
The Commission may make an in-depth study of the govern ments of the City of Albany and Dougherty County and all of fices, departments, boards, agencies, or other subdivisions there of. The Commission shall also be authorized to study the relation ships existing between the governments of the City of Albany and Dougherty County and their relationships with the State of Geor gia and other governmental bodies and entities. The Commission shall further examine and evaluate the findings, recommendations and reports of the Albany-Dougherty County Governmental Study Commission, which Commission has been charged with the respon sibility of making an in-depth study of the governments of the City

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of Albany and Dougherty County. The Commission may seek methods of effecting possible economies and efficiencies in the operation of the City of Albany or Dougherty County, or both, and shall give consideration to possible consolidation of services, delineation of functions, the elimination or addition of services, departments, agencies, or other entities and the reorganization, consolidation or merger of either the City of Albany or Dougherty County, or both, in whole or in part, including the creation of a single county-wide government with powers and jurisdiction throughout the territorial limits of Dougherty County. The Commission shall be authorized to consult with elected or appointed officers or officials, employees of the City of Albany and Dougherty County and interested citizens. The Commission shall hold three or more public hearings so as to provide ample opportunity to each citizen of the city and county to express his views relative to any findings and proposals of the Commission. The Commission shall cause the date, time and place of such hearings to be advertised in the official organ of Dougherty County at least twice during the week immediately preceding the week during which such public hearings are held.

To carry out the purposes of this amendment, the legislative power of the General Assembly is hereby expressly delegated to said Commission, and said Commission shall be authorized to draft a proposed county-wide government charter which may include any provisions necessary to effectuate the purposes of this amendment or to draft a proposed government charter or other plan which would merge, consolidate or reorganize any part or portion of the governments of the City of Albany and Dougherty County. To that end, and without limiting the generality of the foregoing, said Com mission may draft a proposed charter which would provide for any one or more of the following:

(1) For the abolishment of the existing governments of the City of Albany and Dougherty County and for the creation of a new single government having all powers formerly exercised by the City of Albany and Dougherty County and having such other powers as may be necessary or desirable, including such rights, powers, duties and liabilities as are now, or may hereafter be, vested in municipalities or counties, or both, by the Constitution of Georgia or by other provision of law; the form and composition of said new government to be as said charter shall provide.

(2) For the new county-wide government to continue to be eligible to have, hold, enjoy and be entitled to any assistance, credits, benefits, monies, grants, grants-in-aid, funds, loans, added appropriations and matching funds to the same extent that any municipality or county of the State of Georgia now, or may here after, enjoy or possess under the Constitution and laws of the State of Georgia, or by other provisions of law or under any present State or federal programs.

(3) For the abolishment of any public authorities; special service districts; boards created under the general laws of this State or special acts of the General Assembly, or by provisions of this Constitution relating to the City of Albany or Dougherty

MONDAY, FEBRUARY 28, 1972

2187

County; and for the transfer of all powers, duties and obligations of such authorities, special service districts, and boards to the new county-wide government in such manner as said charter shall provide.

(4) For the abolishment, consolidation or merger of any one or more public offices, including coroner; county surveyor; tax commissioner; treasurer; positions of public employment of the City of Albany and Dougherty County, positions of public em ployment of boards created under the general laws of the State of Georgia or special acts of the General Assembly, and positions of public employment by any public authorities or special service districts located and operating within Dougherty County.

(5) For the creation of a governing authority of the single county-wide government, including the number of members of said governing authority, their powers, duties, terms of office, manner of election or appointment, compensation, method of removal, method of filling vacancies, and all other matters incidental or necessary to the creation of said county-wide governing authority.

(6) For the creation of various departments, boards, bureaus, offices, commissions, agencies, and positions of public employment of said county-wide government, all of which shall be subordinate branches or employees of said county-wide government, and to all other matters necessary and incidental thereto. The said county-wide government shall have the authority for modification or repeal of the various departments, boards, bureaus, offices, commissions, agencies, and positions of public employment of said county-wide government, and to make all appointments to such boards, bureaus, offices, commissions, agencies, and positions of public employment which are now made by either or both govern ments.
(7) For the abolishment of any city or county courts, juvenile courts and any other courts, including courts created in lieu of constitutional courts, presently existing in the City of Albany and Dougherty County, except the superior court and court of ordinary, and for the creation of one or more new courts having the jurisdic tion and powers of the former courts in such manner as said charter shall provide.
(8) For the creation of two or more taxing districts whereby taxes shall be assessed, levied, and collected by said county-wide government in accordance with the kind, character, type and degree of services provided by said government within said taxing districts, and the rate and manner of taxation may vary in any one district from that in another or other districts, and may provide that the powers, authority, duties, liabilities, and functions of any such new governing authority so created may vary from district to district.
(9) For the assumption by said county-wide government of all bonded indebtednesses and all other obligations of whatever kind

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of all governmental units, public authorities and special service districts which are consolidated by said charter and a method by which said county-wide government shall assume the payment of any obligations issued under the Revenue Bond Law.

(10) For the transfer of assets, contracts and franchises of all governmental units and any public authorities and special service districts which have been consolidated or merged.

(11) For the purpose of which said county-wide government or governing authority or any agencies thereof may levy taxes and the debt limitations applicable to such county-wide government or any agency thereof.
(12) For the method or methods by which said charter may be amended, including but not limited to, all of the methods by which municipal charters may be amended under the laws of the State of Georgia, as the same way now or hereafter exist.

(13) For superseding, replacing, consolidating or abolishing any public authorities and special service districts located and operating within the City of Albany and Dougherty County.

The Commission shall have broad exploratory and investigative powers to explore and investigate the consolidation of any aspect of government that it desires, whether or not specifically enumer ated in the foregoing 13 paragraphs hereof.
Nothing contained herein shall be construed so as to authorize the Albany-Dougherty County Governmental Revision Commission created pursuant to this amendment to:
(1) Abolish or alter the status of the Dougherty County School System or transfer any of its powers, duties or obligations or to affect any constitutional provision by which the Dougherty County School System was authorized, created, affected or preserved.

(2) Impair or diminish any pension or retirement rights existing at the time of ratification of this amendment.
(3) Abolish the office of Sheriff of Dougherty County.
(4) Abolish the office of District Attorney of the Dougherty Judicial Circuit.
(5) Abolish the office of Clerk of Superior Court of Dougherty County, Georgia.

(6) Impair or diminish the homestead or other exemptions from taxation now or hereafter specified in this Constitution.

Provided, however, that none of the foregoing limitations shall

MONDAY, FEBRUARY 28, 1972

2189

be construed as prohibiting the General Assembly from exercising any legislative power with respect to the Dougherty County School System, the office of Sheriff of Dougherty County, the office of the District Attorney of the Dougherty Judicial Circuit, office of the Clerk of Superior Court of Dougherty County, Georgia, pension rights and benefits, and homestead exemptions which existed prior to the adoption of this amendment.

Immediately upon the ratification of this resolution the mem bers of the Commission shall elect a chairman, a secretary, and such other officers as they shall deem necessary for the perform ance of their duties. Within the limitations of funds available to the Commission, the Commission shall be authorized to employ an independent attorney at law and such staff, consultants and assis tants as the Commission shall deem necessary for the proper and efficient performance of their duties. The Commission shall be authorized to fix the compensation of said attorney, staff, con sultants and assistants and to prescribe their duties. Any person holding elective public office in the City of Albany or Dougherty County shall be ineligible for employment by the Commission. Said Commission is further authorized to contract with any private or public institution or body for any special studies or assistance as it shall deem necessary, within the limits of the funds made avail able to it by the governing authorities of the City of Albany and Dougherty County.

The City of Albany and Dougherty County, and the governing authorities thereof, are hereby authorized to budget, appropriate, and expend public funds for the purpose of carrying out the pro visions of this amendment. The cost and expenses of the Commis sion shall be shared and paid on an equal basis by the City of Albany and Dougherty County. The governing authorities of the City of Albany and Dougherty County shall initially appropriate and pay to the Commission an amount to be mutually agreed upon by them. Said governing authorities shall appropriate such addi tional funds, in equal amounts, as may be necessary to meet the expenses of the Commission, provided such additional expenditures shall be first approved by both such governing authorities. All public officials shall furnish the Revision Commission with in formation and assistance necessary or appropriate for the Com mission to carry out its duties.

The Commission shall conduct its examinations, studies and public hearings as expeditiously as possible and shall reduce its findings, recommendations and any proposed charter to writing. The Commission shall file certified copies of any such report, findings, recommendations or charter with the clerk of the City of Albany, the clerk of the Board of Commissioners of Dougherty County and with each member of the General Assembly whose district lies totally or partially within Dougherty County. The Commission shall also furnish a copy of its report, findings, recommendations and any proposed charter to each daily and weekly newspaper published within Dougherty County and to each radio station, television station or other news media operating within Dougherty County. The Commission shall take such other

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steps, within the limitations of available funds, as it may deem reasonable and appropriate to inform, the citizens of the City of Albany and Dougherty County of the contents of such report. The copies of the report, findings, recommendations and any proposed charter which have been filed with the clerk of the City of Albany and the clerk of Dougherty County shall be available during normal business hours for inspection, reading and copying by any citizen. Said Commission shall complete its study and make its recommenda tions regarding any changes that should be made in the govern ments of the City of Albany and Dougherty County within four months after the date of its initial meeting, or as soon thereafter as possible or, in the event said Commission drafts a proposed charter creating a single county-wide government or consolidating, reorganizing or merging any portion or portions of the govern ments of the City of Albany and Dougherty County, said proposed charter shall be prepared, completed and filed within four months after the date of the initial meeting of the Commission or as soon
thereafter as possible.

The 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 are provided in this amendment.

In the event the Albany-Dougherty County Governmental Revision Commission drafts a proposed charter to create a single county-wide government or plan to merge, consolidate or reorganize any department, agency, board, bureau, authority, commission, or any other portion of the governments of the City of Albany and Dougherty County, a certified copy of such proposed charter or plan shall be submitted to the Dougherty County Board of Elec tions, the clerk of the City of Albany, and clerk of the Board of Commissioners of Dougherty County. Not less than 10 nor more than 15 days after receipt of the certified copy of such proposed charter or plan, it shall be the duty of the board of elections to issue a call for a special referendum election for the purpose of submitting this charter or plan separately to all of the qualified voters of the City of Albany and to all of the qualified voters of Dougherty County, including the qualified voters of Dougherty County who reside within the corporate limits of the City of Albany, for approval or rejection. The board of elections shall set the date of such election for a day not less than 30 nor more than 45 daysafter the issuance of the call. The board of elections 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 Dougherty County. The ballot shall have printed or written thereon the following:

' ( ) YES Shall the charter consolidating the governments of the City of Albany and Dougherty County and
( ) NO creating a single county-wide government to super sede and replace said governments be approved?'

In the event that the Governmental Revision Commission pro poses a plan which would consolidate, reorganize, merge or other-

MONDAY, FEBRUARY 28, 1972

2191

wise affect less than all of the governments of the City of Albany and Dougherty County, said Revision Commission shall promulgate and adopt such language to appear on the ballot as will adequately inform the voters of the proposition upon which approval is sought, and such language, when adopted, shall be placed on such ballot by the board of elections. All persons desiring to vote in favor of said charter or plan shall vote 'Yes', and those persons desiring to vote for rejection of said charter or plan shall vote 'No'. The votes cast on such question by the qualified voters of the City of Albany and the votes cast on such question by the qualified voters of Dougherty County, including the qualified voters of Dougherty County residing within the corporate limits of the City of Albany, shall be counted separately. If more than one-half of the votes cast by the qualified voters of the City of Albany are for approval of said charter or plan, and if more than one-half of the votes cast by the qualified voters of Dougherty County, including the qualified voters of Dougherty County residing within the corporate limits of the City of Albany, are for approval of said charter or plan, said charter or plan shall become effective on such date as shall be provided therein, otherwise it shall be void and of no force and effect. The expense of such election shall be borne equally by the City of Albany and Dougherty County. It shall be the duty of the board of elections to hold and conduct such election. It 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 board of elections to canvass the returns and declare and certify the result of the election. It shall be its further duty to certify the result thereof to the Secretary of State. If said charter or plan is ratified and adopted by the voters of the City of Albany and Dougherty County, the board of elections shall also furnish the Secretary of State with a certified copy of the charter or plan so ratified and adopted. It shall be the duty of the Secretary of State to publish a true and correct copy of said charter or plan in the volume or volumes of Georgia Laws which contain the acts and resolutions adopted by the General Assembly of Georgia at the regular or special session of the General Assembly next convening after the ratification and adoption of such charter or plan. The Secretary of State of the State of Georgia is hereby authorized to issue certified copies of the charter or plan on file with him, and any copy so certified by him shall be admissible in any court of law or other proceedings as original evidence.

In the event the proposed single county-wide government charter or any plan consolidating a portion or portions of the City of Albany or Dougherty County is ratified by the qualified voters of the City of Albany and Dougherty County, any election neces sitated by the adoption and ratification of such charter or plan to elect members of the governing authority of said county-wide government or any officers or officials of such merged government or portions or merged portions of the governments of the City of Albany and Dougherty County shall be held in accordance with the
provisions of said charter or plan. The existing governments of
the City of Albany and Dougherty County, if merged, or any por
tion thereof, if merged, consolidated or otherwise reorganized, shall
stand abolished or reorganized as provided in such charter or plan.

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The powers herein granted to the Albany-Dougherty County Governmental Revision Commission:
(1) Are remedial and shall be liberally construed to effectuate their purpose.
(2) May be exercised by the Albany-Dougherty County Gov ernmental Revision Commission, notwithstanding any other pro visions of this Constitution or of law.
When the Commission shall have filed a certified copy of its charter or plan with the board of elections, the Commission shall pay to the City of Albany and Dougherty County in equal portions any unused and uncommitted funds remaining."
Section 2. The above proposed amendment to the Constitution shall be published and submitted as provided in Article XIII, Section I, Para graph I of the Constitution of Georgia of 1945, as amended.
The ballot submitting the above proposed amendment shall have written or printed thereon the following:
"( ) YES Shall the Constitution be amended so as to create theAlbany-Dougherty County Governmental Revision Commission and to authorize and empower such Com-
( ) NO mission to study all matters relating to the consolida tion of the governments of the City of Albany and Dougherty County or the reorganization, consolidation or merger of any part or portion thereof, and to authorize said Commission to draft and submit a proposed charter consolidating, reorganizing, or merging such governments or portions thereof to the voters of the City of Albany and Dougherty County for approval or rejection?"
All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".
If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

MONDAY, FEBRUARY 28, 1972

2193

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 Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole
Collier Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan

Evans Ezzard Ployd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Gunter Harrington Harris Harrison Hays Hill, B. L. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson Jones, Herb Jordan Keyton
King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey Mason Matthews, C. Mauldin Maxwell McCracken

McDaniell Melton Merritt Miles Milford Miller Moore Morgan
Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston
Potts Rainey Roach Rush Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Strickland Thomason Thompson
Toles Townsend Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T.

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Those not voting were Messrs.:

Bell Blackshear Collins, M. Colwell Dean, J. E. Farrar Felton Granade Ham Hamilton Hawes Hill, G. Hood

Jones, J. R. Larsen, G. K. Larsen, W. W. Marcus Matthews, D. R. McDonald Nohle Oxford Patten Pickard Poole Reaves Ross

Russell, A. B. Savage Shepherd Sorrells Stephens Sweat Triplett Wamble Wilson Wood, R. E. Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 813-1974. By Messrs. Wilson, Atherton, Kreeger, Housley and Howard of the 117th:
A RESOLUTION
Proposing an amendment to the Constitution so as to extend the period of time over which revenue bonds may be issued by the Board of Lights and Waterworks of the City of Marietta, and to provide that said board may maintain a combined utility system in behalf of the City of Marietta and prescribe rules and regulations pertaining to the operation thereof without any joint action or concurrence on the part of the governing body of the City of Marietta; to provide for the sub mission of this amendment for ratification or rejection; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph V of the Constitu tion is hereby amended by striking from paragraph 3 the following:
"thirty (30) years"
and substituting in lieu thereof:
"forty (40) years",

MONDAY, FEBRUARY 28, 1972

2195

and by adding at the end thereof the following:

"The board of lights and waterworks of the City of Marietta be and the same is hereby authorized to operate and maintain said combined utility system for and on behalf of the City of Marietta and said board is authorized to prescribe rules and regulations pertaining to the operation thereof and to prescribe and revise rates, fees and charges, from time to time, for the services and facilities furnished by said system without any joint action or concurrence on the part of the governing body of the city, except with regard to the issuance of revenue bonds as aforesaid.",

so that when so amended said paragraph 3 shall read as follows:

"3. Notwithstanding any provisions of this Constitution to the contrary the City of Marietta and its board of lights and water works are authorized and hereby empowered and granted the right, power and authority to combine the water arid sewerage system and electric system now being maintained and operated by said board for the benefit of said city and to maintain, repair and operate such combined public utility as one revenue producing undertaking and to issue from time to time interest bearing revenue anticipation obligations to be known and designated 'Public Utilities Revenue Bonds' for the purpose of acquiring, constructing, adding to, extending, improving and equipping any facility of such com bined public utility and to pledge for the payment of the principal of and interest on such public utilities revenue bonds all or any part of the revenues of such combined public utility and to create a lien thereon for that purpose, subject to any liens heretofore created thereon by law or contract. No election to authorize the issuance of said bonds shall be required and the pledge of revenues from the combined public utility shall not be a debt of the City of Marietta within the meaning of Article VII, Section VII, Para graph I of this Constitution. Such bonds may be issued from time to time bearing such rate or rates of interest as authorized by law and maturing within forty (40) years from their date in the years and amounts as determined by a majority vote of the governing body of the City of Marietta and by a majority vote of the gov erning body of the City of Marietta and by a majority vote of the members of the board and lights and water works and when so authorized the procedure of the issuance and delivery including validation shall be in all respects in accordance with the Revenue Bond Law as now enacted and any amendments thereto which law was originally known as the 'Revenue Certificate Law of 1937'. The board of lights and waterworks of the City of Marietta be and the same is hereby authorized to operate and maintain said combined utility system for and on behalf of the City of Marietta and said board is authorized to prescribe rules and regulations pertaining to the operation thereof and to prescribe and revise rates, fees and charges, from time to time, for the services and facilities furnished by said system without any joint action or concurrence on the part of the governing body of the city, except with regard to the issuance of revenue bonds as aforesaid."

Section 2. The above proposed amendment to the Constitution

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JOURNAL OF THE HOUSE,

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 extend the period of time over which revenue bonds may be issued by the Board of Lights and Waterworks of the City of Marietta, and to provide that said board
( ) NO may maintain a combined utility system in behalf of the City of Marietta and prescribe rules and regula tions pertaining to the operation thereof without any joint action or concurrence on the part of the gov erning body of the City of Marietta?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle 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, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury

Edwards Egan Evans Ezzard Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Gunter Harrington Harris Harrison Hays Hill, B. L. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan Keyton King

MONDAY, FEBRUARY 28, 1972

2197

Knight Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill)
Lee, W. J. Lee, W. S. Leggett Le vitas Lewis Logan Longino Lowrey
Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Patterson

Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R, Pinkston Potts Rainey Roach Rush Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Strickland Thomason Thompson Toles Townsend Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T.

Those not voting were Messrs.:

Bell Blackshear Collins, M. Colwell Dean, J. E. Farrar Felton Granade Ham Hamilton Hawes Hill, G. Hood

Jones, J. R. Larsen, G. K. Larsen, W. W. Marcus Matthews, D. R. McDonald Noble Oxford Patten Pickard Poole Reaves

Ross Russell, A. B. Savage Shepherd Sorrells Stephens Sweat Triplett Wamble Wilson Wood, R. E. Mr. Speaker

2198

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the ayes were 158, nays o.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 820-2023. By Messrs. Greer of the 95th, Adams of the 100th, Alexander of the 96th, Larsen of the 113th and others:
A RESOLUTION
Proposing an Amendment to Article VII, Section 1, Paragraph IV, of the Constitution of Georgia of 1945, so as to provide a homestead exemption from City ad valorem taxation to resident homeowners in the City of College Park, who are under the age of 65 in an amount of Two Thousand ($2,000.00) Dollars; to provide a homestead exemp tion from City ad valorem taxation to resident homeowners in the City of College Park who are 65 years of age or older in an amount of Four Thousand ($4,000,00) Dollars; to provide 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 1, Paragraph IV, of the Constitu tion is hereby amended by adding at the end thereof the following:
"A homestead of each resident under the age of 65 of the City of College Park actually occupied by the owner as a. resident and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from City ad valorem taxes, except taxes levied by said City for the payment of interest on and retirement of bonded indebtedness, in an amount of Two Thousand ($2,000.00) Dollars of its value.
A homestead of each resident 65 years of age or older of the City of College Park actually occupied by the owner as a resident and homestead, but only so long as actually occupied by the owner primarily as such, is hereby exempted from all City ad valorem taxes, except taxes levied by said City for the payment of interest and retirement of bonded indebtedness, in an amount of Four Thousand ($4,000.00) Dollars of its value."
Section 2. When the above proposed amendment to the Constitu tion shall have been agreed to by two-thirds (2/3) of the members elected to each of the two branches of the General Assembly, and the same has been entered on their journals with the "Ayes" and "Nays" taken thereon, such proposed amendment shall be published and sub mitted as provided in Article XIII, Section 1, Paragraph 1 of the Constitution of Georgia of 1945, as amended.

MONDAY, FEBRUARY 28, 1972

2199

The ballots submitting the proposed amendment shall have written or printed thereon the following:

"YES ( ) Shall the Constitution be amended so as to provide for homestead exemption for resident homeowners of the City of College Park in an amount of Two
NO ( ) Thousand ($2,000.00) Dollars for resident homeowners under the age of 65 and in an amount of Pour Thousand ($4,000.00) Dollars for resident homeowners 65 years of age or older?"

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 returns of the election shall be made in like manner as returns for elections for members of the General Assembly, and it shall be the duty of the Secretary of State to ascertain the result and certify the result to the Governor, who shall issue his proclamation thereon.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle 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, S.

Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards Egan
Evans

2200
Ezzard Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Gei singer Gignilliat Grahl Grantham Greer Griffin Groover Gunter Harrington Harris Harrison Hays Hill, B. L. Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan Keyton King Knight Knowles

JOURNAL OF THE HOUSE,

Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Mason Matthews, C. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Mover Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Patterson Pearce

Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Roach Rush Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Strickland Thomason Thompson
Toles
Townsend Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T.

Those not voting were Messrs.:

Bell Blackshear Collins, M. Colwell Dean, J. E. Farrar Felton Granade Ham Hamilton Hawes Hill, G. Hood

Jones, J. R. Larsen, G. K. Larsen, W. W. Marcus Matthews, D. R. McDonald Noble Oxford Patten Pickard Poole Reaves

Ross Russell, A. B. Savage Shepherd Sorrells Stephens Sweat Triplett Wamble Wilson Wood, R. E. Mr. Speaker

MONDAY, FEBRUARY 28, 1972

2201

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

HR 824-2028. By Mr. Oxford and Mrs. Merritt of the 46th:
A RESOLUTION
Proposing an amendment to the Constitution so as to provide for the establishment of a Downtown Americus Development Authority; to provide for the submission of this amendment for ratification or rejec tion; and for other purposes.
BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Article VII, Section VII, Paragraph I of the Constitu tion is amended by adding at the end thereof the following:
"The General Assembly shall be authorized to create in and for the City of Americus, the Downtown Americus Development Authority, for the purpose of the redevelopment of the downtown Americus area. Said Authority shall have the power to employ engineers and planners, to contract for the construction, re modeling and altering of buildings, and to contract with the City of Americus for the construction, reconstruction, altering and changing and closing of streets and alleys. The General Assembly shall be authorized to empower the Authority to create special tax districts within the City of Americus and to levy and collect taxes within said districts based on values of real property fixed by the Tax Digest of the City of Americus, to defray the costs of the foregoing. The Authority shall have the power to issue bonds and/or revenue certificates, and to pledge revenues and to levy and collect taxes within said districts for the retirement of said indebtedness. No taxes shall be levied by said Authority for any purpose against owner occupied property used exclusively for residential purposes or property used for school or church pur poses. The Authority shall have the right and power of eminent domain for the purpose of acquiring property in the carrying out of its aims and objectives.
The General Assembly shall provide for all matters relating to the composition of the members of the Authority, their terms of office and related matters and the geographical limits within the City of Americus which shall be subject to the provisions of this amendment."
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.

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The ballot submitting the above proposed amendment shall have written or printed thereon the following:

"( ) YES Shall the Constitution be amended so as to provide for the establishment of a Downtown Americus De-
( ) NO velopment Authority and to provide for the powers, duties, and responsibilities of said Authority?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratifying the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H, Alexander, W. M. Alien Atherton Barfield Battle 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, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy

Drury Edwards Egan Evans Ezzard Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Gunter Harrington Harris Harrison Hays Hill, B. L. Horton Housley

MONDAY, FEBRUARY 28, 1972

2203

Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill)
Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Mason Matthews, C.

Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey

Roach Rush Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Strickland Thomason Thompson
Toles Townsend Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T.

Those not voting were Messrs.:

Bell Blackshear Collins, M. Colwell Dean, J. E. Farrar Felton Granade Ham Hamilton Hawes Hill, G. Hood

Jones, J. R. Larsen, G. K. Larsen, W. W. Marcus Matthews, D. R. McDonald Noble Oxford Patten Pickard Poole Reaves

Ross Russell, A. B. Savage Shepherd Sorrells Stephens Sweat Triplett Wamble Wilson Wood, R. E. Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite two-thirds constitutional majority, was adopted.

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HR 857-2043. By Messrs. Cole, Turner and Smith of the 3rd and Shanahan of the 8th:

A RESOLUTION

Proposing an amendment to the Constitution so as to permit the establishment in Gordon, Murray and Whitfield Counties of a political subdivision having normal and extraordinary powers and to provide for the planned and orderly establishment and growth of such political sub division as a new community; authorizing and granting to such political subdivision special powers, privileges and immunities, including powers permitting contracts governing taxation and exemptions therefrom by said political subdivision and between said political subdivision and other taxing authorities, and the powers to furnish utility services within said three counties, to own and pledge stock in corporations, to buy, sell, lease and develop real estate and, for a limited time, to incur debt and issue bonds without an election and not subject to any constitutional debt limit; and providing for the temporary government and permanent government of said political subdivision and the establishment of an industrial development authority therein; and containing other provi sions in connection with the foregoing; 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 XV, Section I of the Constitution is hereby amended by adding a new paragraph at the end thereof to read as follows:

"The General Assembly may, in the counties of Gordon, Mur ray and Whitfield, establish a political subdivision having normal municipal powers and also having extraordinary powers in order to provide for the orderly establishment and growth of industrial, commercial and civic establishments and to develop land in a man ner consonant with sound principles of planning for land use and in accordance with standards prescribed by the laws and regulations which authorize federal aid for such development when performed by political subdivisions. Such political subdivisions may, within said three counties, be required to carry out certain duties not required of other political subdivisions and be granted special privileges and immunities not available to other political subdivisions, including the power to make contracts with owners of property in said po litical subdivision not exceeding 20 years in duration and which must expire prior to January 1, 1995, restraining the exercise of the tax ing power of such political subdivision, and the power to furnish water, sewer, electric, gas or other utility service in said three coun ties or any part thereof. The General Assembly may prohibit or restrict, or authorize said political subdivision and said counties or any other local taxing authority to agree to prohibit or restrict the exercise of county or other local taxing powers within said political subdivision and to agree to grant uniform exemptions from taxation by said political subdivision and said counties or other local taxing authorities pursuant to contracts to run not longer than 20 years

MONDAY, FEBRUARY 28, 1972

2205

and to expire not later than January 1, 1995. The General Assembly may provide for judicial determination of the validity of general ob ligation and revenue bonds of such political subdivision and of the security therefor. No election shall be required by the Constitution for the creation of such political subdivision nor be so required for the incurring of debt or issuance of bonds by said political sub division prior to the year 1995, and, prior to said year, debt may be incurred by said political subdivision without regard to any limita tion expressed in the Constitution, but subject to such limitations as the General Assembly may impose from time to time. Such politi cal subdivision may, subject to restriction by the General Assembly, establish industrial parks, own stock in one or more corporations to be created under general law and lend its credit to any person, firm or corporation in furtherance of the purpose of its creation. The General Assembly shall provide for the temporary government of said political subdivision until the population shall equal or exceed 3,000 according to the most recent federal census, and thereafter subsequent members of the governing body of said political subdi vision shall be elected by the qualified, registered electors residing therein.

Such political subdivision may be created by the General As sembly without regard to any legal limitation as to the minimum population required for incorporating a municipality. If any act of the General Assembly creating such a political subdivision shall have been adopted prior to ratification of this constitutional amend ment, such act shall be conclusively deemed to be in all respects au thorized by this amendment.

Provided, however, such political subdivision shall not embrace any territory within any of the above three counties if a majority of the electors of any such county who vote in a referendum election on such question shall not approve thereof."

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 permit the establishment in Gordon, Murray and Whitfield counties of a political subdivision having normal and extraordinary powers and to provide for the planned and orderly establishment and growth of such political
( ) NO subdivision as a new community; to authorize and grant to such political subdivision special powers, privileges and immunities, including powers permitting contracts governing taxation and exemptions there from by said political subdivision and between said political subdivision and other taxing authorities, and the powers to furnish utility services within said three counties, to own and pledge stock in corporations; to buy, sell, lease and develop real estate and, for a

2206

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limited time, to incur debt and issue bonds without an election and not subject to any constitutional debt limit; to provide for temporary government and per manent government of said political subdivision and the establishment of an industrial development au thority therein; and to make other provisions in con nection with the foregoing?"

All persons desiring to vote in favor of ratifying the proposed amendment shall vote "Yes". All persons desiring to vote against ratify ing the proposed amendment shall vote "No".

If such amendment shall be ratified as provided in said Paragraph of the Constitution, it shall become a part of the Constitution of this State.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.
On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle 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, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Drury Edwards

Egan Evans Ezzard Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Greer Griffin Groover Gunter Harrington Harris Harrison Hays Hill, B. L. Horton Housley Howard Howell Hudson, C. M.

MONDAY, FEBRUARY 28, 1972

2207

Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Mason Matthews, C. Mauldin Maxwell

McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Odom Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Potts Rainey Roach

Rush Russell, H. P. Russell, W. B. Salem Scarborough Shanahan Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Strickland Thomason Thompson Toles Townsend Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T.

Those not voting were Messrs.:

Bell Blackshear Collins, M. Colwell Dean, J. E. Farrar Felton Granade Ham Hamilton Hawes Hill, G. Hood

Jones, J. R. Larsen, G. K. Larsen, W. W. Marcus Matthews, D. R. McDonald Noble Oxford Patten Pickard Poole Reaves

Ross Russell, A. B. Savage Shepherd Sorrells Stephens Sweat Triplett Wamble Wilson Wood, R. E. Mr. Speaker

On the adoption of the Resolution, the ayes were 158, nays 0.

The Resolution, having received the requisite two-thirds constitutional ma jority, was adopted.

Mr. Wood of the 75th stated that he had been called from the floor of the

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JOURNAL OF THE HOUSE,

House when the roll was called on the preceding local Constitutional amend ments, but had he been present would have voted "aye".

The following message was received from the Senate through Mr. MeWhorter, the Secretary thereof:
Mr. Speaker:
The Senate has passed by the requisite constitutional majority the following: Bills of the Senate and House, to-wit:

SB 606. By Senator Kidd of the 25th:
A Bill to amend Code Section 88-1803, relating to the creation of hos pital authorities, as amended, so as to change the method of appointingmembers of hospital authorities in certain counties of this State; toprovide an effective date; and for other purposes.

SB 607. By Senator Kidd of the 25th:
A Bill to amend an Act placing the sheriff, ordinary and clerk of thesuperior court of Hancock County on an annual salary in lieu of the fee system of compensation, as amended, so as to change the compensation of the sheriff of said county; and for other purposes.

SB 608. By Senator Kidd of the 25th:
A Bill to amend an Act creating a new Charter for the City of Milledgeville, as amended, so as to change the corporate limits of said city; and for other purposes.

SB 609. By Senator Kidd of the 25th:
A Bill to provide for the appointment of the county school superin tendent of Wilkinson County by the Board of Education; to provide for the time of the initial appointment; to provide for other matters rela tive to the foregoing; and for other purposes.

SB 610. By Senator Kidd of the 25th:
A Bill to amend an Act creating county courts in certain designated counties of this State, as amended, so as to abolish the present mode of compensating the Solicitor of the County Court of Baldwin County,, known as the fee system; and for other purposes.

MONDAY, FEBRUARY 28, 1972

2209

SB 611. By Senator Kidd of the 25th:
A Bill to abolish the present mode of compensating the Clerk of the Superior Court of Baldwin County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.

HB 612. By Senator Kidd of the 25th:
A Bill to amend an Act creating a new charter for the City of Milledgeville, as amended, so as to change the corporate limits of said City; and for other purposes.

SB 613. By Senator Kidd of the 25th:
A Bill to amend an Act placing the Ordinary of Wilkinson County on an annual salary in lieu of the fee system of compensation, so as to change the compensation allowable to the Ordinary for clerical assistants; and for other purposes.

SB 616. By Senator Higginbotham of the 43rd:
A Bill to provide that the county boards of health shall notify the Board of Registrars of the death of certain decedents; to provide the pro cedures connected therewith; and for other purposes.

SB 622. By Senator Kennedy of the 4th:
A Bill to amend an Act establishing the State Court of Evans County, as amended, so as to change the compensation of the judge and solicitor of said Court; to provide an effective date; and for other purposes.

SB 625. By Senator Dean of the 6th:
A Bill to amend an Act creating a new charter for the City of St. Marys in Camden County, as amended, so as to authorize the mayor and coun cil to establish and operate a sanitary and/or storm sewer system and to provide for the maintenance thereof; to require property owners to make connections from their premises to such system or systems; and for other purposes.

SB 605. By Senator Kidd of the 25th:
A Bill to amend Code Section 88-1803, relating to the creation of hos pital authorities, as amended, so as to change the method of appointing members of hospital authorities in certain counties of this State; to provide an effective date, and for other purposes.

2210

JOURNAL OF THE HOUSE,

SB 614. By Senator Kidd of the 25th:
A Bill to provide for the election of members of the Board of Education of Baldwin County; to provide for the designation of posts; to provide for other matters relative to the foregoing; to provide for a referen dum; and for other purposes.

SB 243. By Senator Walling of the 42nd:
A Bill to authorize the governing authority of DeKalb County, to estab lish neighborhood service areas to advise, undertake, and finance certain governmental services; and for other purposes.

SB 512. By Senator Coggin of the 35th:
A Bill to amend an Act known as the "Apartment Ownership Act", as amended, so as to change the definition of the word "apartment"; and for other purposes.

SB 584. By Senator Webb of the llth:
A Bill to amend an Act creating the State Court of Miller County, as amended, so as to change the compensation of the judge and solicitor of said court; and for other purposes.

SB 596. By Senators Coggin of the 35th, Holloway of the 12th, and Gillis of the 20th:
A Bill to amend an Act requiring the State Revenue Commissioner to examine the tax digests of the several counties for the purpose of as certaining whether the valuation of the various classes of property in the respective counties is uniform; and for other purposes.

HB 1531. By Mr. Ross of the 26th:
A Bill to amend an Act placing the Sheriff of Lincoln County upon an annual salary, so as to authorize the Sheriff to employ additional depu ties; and for other purposes.

HB 1574. By Mr. Melton of the 32nd:
A Bill to amend the Charter of the City of Griffin by deleting from Section 5.6 "Punitive Powers" the words and figures "seven hundred fifty dollars" and "ten months" wherever the same appears and substi tuting in lieu thereof the words and figures "five hundred dollars" and "six months"; and for other purposes.

MONDAY, FEBRUARY 28, 1972

22li

HB 1575. By Mr. 'Melton of the 32nd:
A Bill to amend the Charter of the City of Griffin, so as to add a new sentence establishing the date on which newly elected Commissioners take office; and for other purposes.

HB 1580. By Messrs. Cheeks, Miles and Mulherin of the 78th and others:
A Bill to amend an Act providing a Charter for the City of Augusta, so as to change the date of the general election in said City; and for other purposes.

HB 1582. By Messrs. Matthews and Logan of the 16th:
A Bill to amend an Act entitled "An Act to amend the Charter of the Town of Athens", so as to change the name to the City of Athens and to empower the Mayor and Council of said City with the right of emi nent domain; and for other purposes.

HB 1583. By Messrs. Matthews and Logan of the 16th:
A Bill to amend an Act entitled "An Act to amend the charter of the Town of Athens", so as to change the name to the City of Athens and for the incorporation of said City under the name and style of "The Mayor and Council of the City of Athens"; and for other purposes.

HB 1596. By Messrs. Bennett, Barfield and Reaves of the 71st:
A Bill to provide for a referendum by which a majority of the qualified voters of Lowndes County voting in said referendum can place the ordinary upon an annual salary in lieu of the fee system of compensa tion; and for other purposes.

HB 1597. By Messrs. Bennett, Reaves and Barfield of the 71st:
A Bill to provide for a referendum by which a majority of the qualified voters of Lowndes County voting in said referendum can place the Tax Commissioner upon an annual salary in lieu of the fee system of com pensation; and for other purposes.

HB 1598. By Messrs. Bennett, Reaves and Barfield of the 71st:
A Bill to provide for a referendum by which a majority of the qualified voters of Lowndes County voting in said referendum can place the clerk of the Superior Court upon an annual salary in lieu of the fee system, of compensation; and for other purposes.

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HB 1610. By Mr. Ham of the 33rd:
A Bill to amend an Act placing the Ordinary of Butts County upon an annual salary, so as to change the compensation of the Ordinary of Butts County; and for other purposes.

HB 1611. By Mr. Ham of the 33rd:
A Bill to amend an Act placing the treasurer of Butts County upon an annual salary, so as to change the compensation of the treasurer; and for other purposes.

HB 1612. By Mr. Ham of the 33rd:
A Bill to amend an Act changing the compensation of the tax collector of Butts County from the fee system to a system whereby such tax col lector shall be entitled to certain commissions and a salary, so as to change the compensation provisions relating to clerical personnel of the tax collector; and for other purposes.

HB 1483. By Messrs. Dean and Mason of the 13th:
A Bill to provide that in certain counties the local tax officials shall cease receiving tax returns on the first day of March; and for other purposes.

The Senate has passed, as amended, by the requisite constitutional majority the following Bills of the House, to-wit:

HB 1127. By Messrs. Brown and Melton of the 32nd:
A Bill to amend an Act entitled "Griffin-Spalding County School Sys tem", so as to abolish the five districts designated as County Districts and the five designated as City Districts, and to provide for the election of 10 members of the Board of Education from the County at large; and for other purposes.

HB 1555. By Messrs. Rainey and Bowen of the 47th:
A Bill to authorize and empower Crisp County, acting by and through the Crisp County Power Commission, to sell or lease the generation and transmission facilities of its electric utility system or any part or portion thereof; and for other purposes.

The Senate has passed, by substitute, by the requisite constitutional majority the following Bills of the House, to-wit:

MONDAY, FEBRUARY 28, 1972

2213

HB 1472, By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to amend an Act creating the Board of Commissioners of Clayton County, so as to change the membership of the Board of Commissioners of Clayton County; to change the method of electing county commis sioners; and for other purposes.

HB 1511. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to amend an Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation, so as to create the office of Deputy Clerk of the Superior Court of Clayton County; and for other purposes.

HB 1512. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to amend an Act placing the sheriff and the clerk of the superior court of Clayton County on an annual salary in lieu of the fee system of compensation, so as to change the compensation, of the sheriff and the clerk of the superior court of Clayton County; and for other pur poses.

HB 1513. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to amend an Act creating the State Court of Clayton County so as to change the salary of the judge of said court; ; and ' for other purposes.

HB 1514. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the single office of tax commissioner of Clayton County, so as to change the compensation of the tax commis sioner; and for other purposes.

HB 1515. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the Ordinary of Clayton County; and for other purposes.

HB 1517. By Messrs. Lee, Gary and Northcutt of the 21st:

A Bill to amend an Act creating the Board of Commissioners of Clayton

County, so as to authorize the sheriff and the chief of police to designate

special unmarked vehicles for detective and investigative activities and

assignments; and for other purposes.

;

2214

JOURNAL OF THE HOUSE,

HB 1518. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Commis sioner, so as to create the office of Tax Commissioner of Clayton Coun ty; and for other purposes.

HB 1590. By Messrs. Matthews and Logan of the 16th:
A Bill to consolidate the offices of tax receiver and tax collector of Clarke County into the office of the tax commissioner of Clarke County; and for other purposes.

The Senate has adopted by the requisite constitutional majority the following Resolutions of the House, to-wit:

HR 644-1500. By Messrs. Wilson, McDaniell, Kreeger, Burruss and Atherton of the 117th:
A Resolution proposing an amendment to the Constitution so as to create the City of Dallas Parking Authority and for other purposes.

HR 679-1585. By Messrs. Chappell and Larsen of the 42nd:
A Resolution proposing an amendment to the Constitution so as to authorize the governing authority of Laurens County to issue general obligation bonds for the purpose of establishing educational facilities beyond the 12th grade and to levy taxes for the payment of such bonds; and for other purposes.

HR 806. By 'Messrs. Morgan of the 23rd, Smith of the 43rd, Whitmire of the llth and others:
A Resolution commending Coach Ronald M. Bradley and the Newton County High School Basketball Team; and for other purposes.

HR 845. By Messrs. King of the 86th, Logan and Matthews of the 16th and others:
A Resolution commending the University of Georgia football team; and for other purposes.

The Senate has passed by the requisite constitutional majority the following Bills of the Senate, to-wit:

MONDAY, FEBRUARY 28, 1972

2215

SB 392. By Senator Kidd of the 25th:
A Bill to amend Title 24A of the Code of Georgia, relating to juveniles and juvenile courts, so as to delete therefrom the provisions which pro vide for the commitment of certain juveniles to the custody of the De partment of Corrections; and for other purposes.

SB 549. By Senator Starr of the 44th:
A Bill to amend an Act creating a professional practices commission and declaring teaching a profession with all the rights, responsibilities and privileges accorded other regularly recognized professions, as amended, so as to provide that the commission shall have the power to compel the attendance of any person of the commission; and for other purposes.

SB 590. By Senator Herndon of the 10th:
A Bill to amend Code Title 113, relating to wills, descent and administra tion of estates, as amended, so as to provide for the appointment of conservators for the estates of certain missing or absent persons; to provide for an effective date; and for other purposes.

SB 601. By Senator Kidd of the 25th:
A Bill to amend Code Section 79A-9911, relating to violations of the Uniform Narcotic Drug Act, as amended, so as to delete a provision forbidding the suspension of sentence, probation or parole for a person convicted of a second or subsequent offense under the Uniform Narcotic Drug Act; and for other purposes.
SB 599. By Senator Kidd of the 25th:
A Bill to amend Code Section 58-207, relating to the seizure, destruction and sale of contraband articles used in violation of the liquor laws of this State, so as to provide for the payment into the county treasury of any moneys over and above the payment of expenses and court costs; and for other purposes.

SB 412. By Senators Cleland of the 55th, Kidd of the 25th, Rowan of the 8th

and others:

......

A Bill to provide that those buildings and facilities constructed in the State by the use of federal, state, county or municipal funds shall adhere to the requirements prescribed by this Act in order to make those buildings and facilities accessible to, and usable by, the physically handicapped; and for other purposes.

2216

JOURNAL OF THE HOUSE,

SB 600. By Senator Kidd of the 25th:
A Bill to provide for standards for Drug Abuse Treatment and Educa tion programs; to ensure that persons offering treatment, advice or counsel to drug dependent persons are qualified to do so; and for other purposes.

SB 454. By Senator Smith of the 34th:
A Bill to amend an Act establishing a new charter for the City of East Point, approved August 19, 1912, (G.L. 1912, p. 862), and the several Acts amendatory thereof; and for other purposes.

SB 639. By Senators Zipperer of the 3rd and Riley of the 1st:
A Bill to authorize the Department of Industry and Trade to grant Capital Outlay funds to the Georgia Ports Authority; to provide for an effective date; and for other purposes.

SB 518. By Senators Holloway of the 12th and Carter of the 14th:
A Bill to amend Chapter 101-1 of Title 101 of the Code of Georgia en titled "State Librarian"; to provide for the designation of the State Librarian by the Attorney General; and for other purposes.

SB 456. By Senators Cleland of the 55th, Parker of the 31st, and others:
A Bill to amend Code Section 34-610, relating to voter registration, as amended, so as to change the provisions relative to additional voter registration places within certain counties during certain times; and for other purposes.

SB 620. By Senators Holley of the 22nd, and Lester of the 23rd:
A Bill to regulate the maximum rental price of public accommodations during athletic events of longer than three days' duration; to provide the procedures for regulation connected therewith; and for other pur poses.

SB 629. By Senators Kennedy of the 4th and Lester of the 23rd:
A Bill to amend an Act prohibiting the purchase of passenger carrying automobiles by the departments and agencies of the State government, as amended, so as to provide that the Department of Corrections may purchase a passenger carrying automobile for the use of the Director of said department; and for other purposes.

MONDAY, FEBRUARY 28, 1972

2217

SB 628. By Senator Herndon of the 10th:
A Bill to amend Code Chapter 92-49, relating to tax collectors, as amended, so as to authorize tax collectors or tax commissioners to act as ex officio sheriffs, insofar as to enable them to collect taxes due the State and county by levy and sale under tax executions; and for other purposes.

The Senate has adopted by requisite constitutional majority the following Resolution of the Senate, to-wit:

SR 48. By Senators Riley of the 1st and Coggin of the 35th: A Resolution .proposing an amendment to the Constitution of Georgia so as to authorize incurring public debt; and for other purposes.
By unanimous consent, the following Bills and Resolution of the Senate were read the first time and referred to the committees:

SR 48. By Senators Riley of the 1st, Coggin of the 35th and Searcey of the 2nd: A Resolution proposing an amendment to the Constitution so as to authorize incurring public debt; and for other purposes.
Referred to the Committee on Rules.
SB 243. By Senator Walling of the 42nd: A Bill to be entitled an Act to authorize the governing authority of DeKalb County to establish neighborhood service areas to advise, under take, and finance certain governmental services; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
SB 392. By Senator Kidd of the 25th: A Bill to be entitled an Act to amend Title 24A of the Code of Georgia, relating to juveniles and juvenile courts, so as to delete therefrom the provisions which provide for the commitment of certain juveniles to the custody of the Department of Corrections; and for other purposes.
Referred to the Committee on Judiciary.

SB 412. By Senator Cleland of the 55th, Kidd of the 25th, Rowan of the 8th, and others:
A Bill to be entitled an Act to provide that those buildings and facilities

2218

JOURNAL OF THE HOUSE,

constructed in the State by the use of federal, state, county, or munici pal funds shall adhere to the requirements prescribed by this Act in order to make those buildings and facilities accessible to, and usable by, the physically handicapped; and for other purposes.
Referred to the Committee on Welfare.

SB 454. By Senator Smith of the 34th: A Bill to be entitled an Act to amend an Act establishing a new charter for the City of East Point, relating to the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.
SB 456. By Senators Cleland of the 55th, Parker of the 31st, Broun of the 46th and others: A Bill to be entitled an Act to amend Code Section 34-610, relating to voter registration, so as to change the provisions relative to additional voter registration places within certain counties during certain times; and for other purposes.
Referred to the Committee on State of Republic.
SB 512. By Senator Coggin of the 35th: A Bill to be entitled an Act to amend an Act known as the "Apartment Ownership Act", so as to change the provisions relative to the definition of the word "apartment"; and for other purposes.
Referred to the Committee on Judiciary.
SB 518. By Senators Holloway of the 12th and Carter of the 14th: A Bill to be entitled an Act to amend Chapter 101-1 of Title 101 of the Code of Georgia entitled "State Librarian"; to provide for the designa tion of the State Librarian by the Attorney General; and for other purposes.
Referred to the Committee on Rules.
SB 549. By Senator Starr of the 44th: A Bill to be entitled an Act to amend an Act creating a Professional Practices Commission and declaring teaching a profession with all the rights, responsibilities and privileges accorded other regularly recog nized professions, so as to provide that the commission shall have the power to compel the attendance of any person of the commission; and for other purposes.
Referred to the Committee on Education.

MONDAY, FEBRUARY 28, 1972

2219

SB 584. By Senator Webb of the llth:
A Bill to be entitled an Act to amend an Act creating the State Court of Miller County, so as to change the compensation of the judge and solicitor of said court; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 590. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend Code Title 113, relating to wills, descent and administration of estates, so as to provide for the appoint ment of conservators for the estates of certain missing or absent per sons; and for other purposes.
Referred to the Committee on Judiciary.

SB 596. By Senators Coggin of the 35th, Holloway of the 12th and Gillis of the 20th:
A Bill to be entitled an Act to amend an Act requiring the State Rev enue Commissioner to examine the tax digests of the several counties for the purpose of ascertaining whether the valuation of the various classes of property in the respective counties is uniform; and for other purposes.
Referred to the Committee on Ways and Means.

SB 599. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 58-207, relating to the seizure, destruction and sale of contraband articles used in violation of the liquor laws of this State, so as to provide for the payment into the county treasury of any moneys over and above the payment of expenses and court costs; and for other purposes.
Referred to the Committee on State of Republic.

SB 600. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide for standards for Drug Abuse Treatment and Education Programs; to ensure that persons offering treatment, therapeutic advise or counsel to drug dependent persons are qualified to do so; and for other purposes.
Referred to the Committee on Judiciary.

SB 601. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 79A-9911, relating to violations of the Uniform Narcotic Drug Act, so as to delete a pro-

2220

JOURNAL OF THE HOUSE,

vision forbidding the suspension of sentence, probation or parole for a person convicted of a second or subsequent offense under the Uniform Narcotic Drug Act; and for other purposes.
Referred to the Committee on Judiciary.

SB 605. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 88-1803, relating to the creation of hospital authorities, so as to change the method of ap pointing members of hospital authorities in certain counties of this State; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 606. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend Code Section 88-1803, relating to the creation of hospital authorities so as to change the method of ap pointing members of hospital authorities in certain counties of this State, and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 607. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act placing the sheriff, ordi nary and clerk of the superior court of Hancock County on an annual salary in lieu of the fee system of compensation, so as to change the compensation of the sheriff of said county; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 608. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a new Charter for the City of Milledgeville, so as to change the corporate limits of said city; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 609. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide for the appointment of the county school superintendent of Wilkinson County by the Board of Education; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

MONDAY, FEBRUARY 28, 1972

2221

SB 610. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating county courts in certain designated counties of this State, so as to abolish the present mode of compensating the Solicitor of the County Court of Baldwin County, known as the fee system; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 611. By Senator Kidd of the 25th:
A Bill to be entitled an Act to abolish the present mode of compensating the Clerk of the Superior Court of Baldwin County, known as the fee system; to provide in lieu thereof an annual salary; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 612. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of Milledgeville, so as to change the corporate limits of said City; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 613. By Senator Kidd of the 25th:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Wilkinson County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation allowable to the Ordinary for clerical assistants; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 614. By Senator Kidd of the 25th:
A Bill to be entitled an Act to provide for the election of members of the Board of Education of Baldwin County; to provide for the desig nation of posts; and for other purposes.
Referred to the Committee on State Planning and Community Affairs--Local Legislation.

SB 616. By Senator Higginbotham of the 43rd: A Bill to be entitled an Act to provide that the county boards of health

2222

JOURNAL OF THE HOUSE,

shall notify the Board of Registrars of the death of certain decedents; and for other purposes.
Referred to the Committee on Health and Ecology.

SB 620. By Senators Holley of the 22nd and Lester of the 23rd:
A Bill to be entitled an Act to regulate the maximum rental price of public accommodations during athletic events of longer than three days' duration; and for other purposes.
Referred to the Committee on Industry.

SB 622. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act establishing the State Court of Evans County, so as to change the compensation of the judge and solicitor of said Court; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 625. By Senator Dean of the 6th:
A Bill to be entitled an Act to amend an Act creating a new charter for the City of St. Marys in Caniden County, so as to authorize the mayor and council to establish and operate a sanitary and/or storm sewer system and to provide for the maintenance thereof; and for other purposes.
Referred to the Committee on State Planning & Community Affairs--Local Legislation.

SB 628. By Senator Herndon of the 10th:
A Bill to be entitled an Act to amend Code Chapter 92-49, relating to tax collectors, so as to authorize tax collectors or tax commissioners to act as ex officio sheriffs, insofar as to enable them to collect taxes due the State and county by levy and sale under tax executions; and for other purposes.
Referred to the Committee on Ways and Means.

SB 629. By Senator Kennedy of the 4th:
A Bill to be entitled an Act to amend an Act prohibiting the purchase of passenger carrying automobiles by the departments and agencies of the State government, so as to provide that the Department of Correc tions may purchase a passenger carrying automobile for the use of the Director of said department; and for other purposes.
Referred to the Committee on State Institutions and Property.

MONDAY, FEBRUARY 28, 1972

2223

SB 639. By Senators Zipperer of the 3rd and Riley of the 1st:
A Bill to be entitled an Act to authorize the Department of Industry and Trade to grant Capital Outlay funds to the Georgia Ports Au thority; and for other purposes.
Referred to the Committee on State Institutions and Property.

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 1762. By Mr. McCracken of the 36th:
A Bill to be entitled an Act to amend an Act known as Act No. 461, which Act prescribes the procedure for the exercise of the power of eminent domain by the State of Georgia, so as to provide that in cases where an appeal is made as provided in Section 10 of said Act, and the issues made by the appeal are not tried by a jury at the next term of the court after the filing of such notice of appeal, that the same shall be no cause for the dismissal of the appeal; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act known as Act No. 461, en titled, "An Act to prescribe the procedure for the exercise of the power of eminent domain by the State of Georgia, or any division, dpartment, or branch of the government of the State of Georgia, or any county of such State for State-aid public road purposes; to provide for condemna tion in rem of private property to public uses," etc., approved on the 5th day of April, 1961, and appearing in Volume One of the Acts of the General Assembly of Georgia for 1961 on pages 517-529, inclusive, so as to provide that in cases where an appeal is made as provided in Section 10 of said Act, and the issues made by the appeal are not tried by a jury at the next term of the court after the filing of such notice of appeal, that the same shall be no cause for the dismissal of the ap peal, to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA, and it is hereby enacted by authority of same, as follows, to-wit:
Section 1. That Section 10 of an Act approved April 5, 1961, known as Act No. 461, as it appears in Volume One of the Acts of the General Assembly of Georgia for 1961, on pages 517-529, inclusive, entitled, "An Act to prescribe the procedure for the exercise of the power of eminent domain by the State of Georgia, or any division, department, or branch of the government of the State of Georgia, or any county of such State for State-aid public road purposes; to provide for condemnation in rem

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JOURNAL OF THE HOUSE,

of private property to public uses," etc., be and the same is hereby amended by adding to said section the following proviso, to-wit:

"If, for any reason, the issues made by the filing of the notice of appeal provided for in this section are not tried by a jury as to the value of the property taken and the consequential damages to the property not taken, at the next term of the court after the filing of such appeal, as provided herein, that such fact shall not be cause for dismissal of the appeal and that the issues made by such appeal shall be subject to trial at any future term of the court.

Section 2. That all laws and parts of laws in conflict herewith be and the same are hereby repealed.

The following amendment was read:
Mr. Hudson of the 48th moves to amend the Committee substitute to HB 1962 as follows:
By adding in the title, on line 15 of page 1 before the words 'to repeal conflicting laws", the following:
"to provide that the condemning authority shall be required to pay all court costs and reasonable attorney fees connected with any condemnation proceedings; to provide the procedures connected therewith;".
By renumbering Section 2 as Section 3, and inserting a new Section 2, to read as follows:
"Section 2. Said Act is further amended by adding between Section 10 and Section 11, a new Section to be numebred Section 10A, to read as follows:
'Section IDA. In all contested eminent domain proceedings the authority exercising the power of eminent domain shall pay all court costs connected with the condemnation proceedings, and shall additionally be required to pay all necessary and reasonable attor ney fees of the condmenee in such proceedings. The amount of such attorney fees shall be fixed in the discretion of the court.' "

The following amendment to the Hudson amendment was read:
Mr. Groover of the 27th moves to amend the Hudson amendment to the Committee substitute to HB 1762 by adding at the end of said Bill the following:
"and only in those cases where there is a recovery by the condemnee substantially in excess of the amount offered by the condemnor."

MONDAY, FEBRUARY 28, 1972

2225

On the adoption of the Groover amendment to the Hudson amendment, the call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alien Barfield Battle Bell Bennett, J. T. Berry Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, C. Brown, S. P. Burruss Busbee Carr Carter Chance Chappell Clements Cole Collier Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Davis, W. Dean, Gib Dean, N. Dent
Dixon
Dorminy
Drury
Egan
Ezzard
Floyd, J. H.
Floyd, L. R.
Fraser
Gary

Geisinger Gignilliat Grahl Grantham Griffin Groover Gunter Ham Harrington Harris Hawes Hays Hood Horton Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Jessup Johnson Jones, Herb Jones, J. R. Jordan King Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Levitas Logan Longino Lowrey Marcus Mason
Matthews, C.
Matthews, D. R.
Mauldin
Maxwell
McDaniell
McDonald
Melton
Milford

Miller Morgan Moyer Mullinax Murphy Nessmith Northcutt Nunn Odom Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Poole Potts Roach Rush Russell, W. B. Salem Savage Shanahan Shepherd Sherman Sims Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat Toles Triplett Tripp Turner Vaughn
Wamble
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.

2226

JOURNAL OP THE HOUSE,

Those voting in the negative were Messrs.:

Alexander, W. H. Brown, B. D. Cheeks Daugherty Dean, J. E. Felton

Keyton Larsen, G. K. Lewis McCracken Miles Moore

Mulherin Rainey Smith, H. R. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Atherton Bennett, Tom Blackshear Bond Bray Buck Chandler Colwell Davis, E. T. Edwards Evans Parrar Gaynor

Granade Greer Hamilton Harrison Hill, B. G. Hill, G. Housley Isenberg Knight Larsen, W. W. Leggett Merritt Noble

Phillips, G. S. Pickard Pinkston Reaves Ross Russell, A. B. Russell, H. P. Scarborough Stephens Thomason Thompson Townsend Mr. Speaker

On the adoption of the Groover amendment to the Hudson amendment, the ayes were 139, nays 16.

The Groover amendment to the Hudson amendment was adopted.

On the adoption of the Hudson amendment, as amended by the Groover 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. Alien Barfield Battle Bennett, J. T. Bennett, Tom Black Bohannon

Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, S. P. Burruss Carr Carter Chance

Chandler Cole Collier Collins, M. Collins, S. Coney, G. D. Conger Cook D alley Daugherty Davis, E. T.

Davis, W. Dean, Gib Dean, J. E. Dent Dorminy Drury Evans Ezzard Felton Floyd, L, R. Fraser Geisinger Grahl Grantham Greer Griffin Groover Gunter Harrington Hawes Hays Hood Horton Howell Hudson, C. M. Hudson, Ted Jessup King

MONDAY, FEBRUARY 28, 1972

2227

Knowles Lambert Lane, Dick Lane, W. J. Lee, W. S. Logan Lowrey Marcus
Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDonald Milford Miller Moyer Mullinax Murphy Nessmith Northcutt Nunn Odom Patterson Patten Pearce Peters

Phillips, W. R . Pinkston Poole Potts Rainey Rush Salem Savage Scarborough Shanahan Shepherd
Sims Smith, J. R. Smith, V. T. S orrells Stephens Strickland Sweat Toles Triplett Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire

Those voting in the negative were Messrs.

Brown, C. Busbee Cheeks Coney, J. L. Connell Dean, N. Dixon Egan Gignilliat Ham Harris Howard

Hutchinson Johnson Jones, J. R. Kreeger Lee,W.J. (Bill) Levitas Lewis Longino McCracken Melton Miles Moore

Mulherin Oxford Phillips, G. S. Roach Smith, H. R. Townsend Tripp Williams Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. M. Atherton Bell Berry Blackshear Bray

Buck Chappell Clements Colwell Edwards Farrar

Floyd, J. H. Gary Gaynor Granade Hamilton Harrison

2228
Hill, B. L. Hill, G. Housley Isenberg Jones, Herb Jordan Keyton Knight Larsen, G. K. Larsen, W. W.

JOURNAL OP THE HOUSE,

Leggett McDaniell Merritt Morgan Noble Phillips, L. L. Pickard Reaves Ross

Russell, A. B. Russell, H. P. Russell, W. B. Sherman Snow Thomason Thompson Wilson Mr. Speaker

On the adoption of the Hudson amendment, as amended by the Groover amendment, the ayes were 115, nays 34.

The Hudson amendment, as amended by the Groover amendment, was adopted.

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 Barfield Battle Bell Bennett, J. T. Jr. Bennett, Tom Berry Black Bohannon Bond Bos tick Bowen Brantley, H. H. Brantley, H. L.

Brown, B. D. Brown, C. Brown, S. P. Burruss Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell

Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dean, N. Dent Dorminy Drury Edwards Evans Ezzard Pelton Floyd, J. H. Floyd, L. R. Fraser Geisinger Grahl

MONDAY, FEBRUARY 28, 1972

2229

Grantham Greer Griffin Groover Gunter Ham Harrington Harris Hawes Hays Hill, G. Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jordan King Knowles Kreeger Lambert Lane, Dick Lane, W. J. Lee, W. J. (Bill) Leggett Levitas 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 Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston

Poole Potts Raiiiey 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 Toles Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T.

Those voting in the negative were Messrs.:

Busbee Dixon Egan

Larsen, G. K. Moore

Roach Wood

Those not voting were Messrs.:

Atherton Blackshear Bray Buck Chandler Dean, Gib Farrar Gary Ga'ynor Gignilliat Granade

Hamilton Harrison Hill, B. L. Jones, Herb Jones, J. R. Keyton Knight Larsen, W. W. Lee, W. S. Merritt

Odom Pickard Reaves Ross Russell, A. B. Russell, H. P. Thoniason Thompson Townsend Mr. Speaker

2230

JOURNAL OF THE HOUSE,

On the passage of the Bill, by substitute, as amended, the ayes were 157, nays 7.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

HB 1105. By Mr. Groover of the 27th:
A Bill to be entitled an Act to repeal the Act providing for counties to require the issuance of certain permits relative to the location or relocation of certain mobile homes; and for other purposes.

The following Committee substitute was read:
A BILL
To be entitled an Act to amend an Act providing that each county of this State, by "appropriate resolution, shall require the issuance of certain permits relative to the location or relocation of certain mobile homes, approved April 10, 1971 (Ga. Laws 1971, p. 631) so as to change the provisions relative to the definition of mobile homes; to change the provisions relative to the use of a mobile home; to change the provisions relative to the fee for permits; to provide for all matters relative to the foregoing; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act providing that each county of this State, by appropriate resolution, shall require the issuance of certain permits relative to the location or relocation of certain mobile homes, approved April 10, 1971 (Ga. Laws 1971, p. 631) is hereby amended by striking Section 1 in its entirety and substituting in lieu thereof a new Section 1 to read as follows:
"Section 1. As used in this Act, the term 'mobile home' means a 'mobile home' as such term is defined in subsection (a) of Section 2 of the Act known as 'The Uniform Standards Code for Factory Manufactured Movable Homes Act', approved March 26, 1968 (Ga. Laws 1968, p. 415), except any such mobile home which is perma nently located on property owned by the owner of such mobile home or his spouse."
Section 2. Said Act is further amended by striking from the end of the first sentence of Section 2 the words, "other purposes" and insert ing in lieu thereof the words, "purpose other than resale" so that when so amended Section 2 shall read as follows:
"Section 2. The governing authority of each county of this

MONDAY, FEBRUARY 28, 1972

2231

State, by appropriate resolution, shall provide procedures whereby the owner of a mobile home shall be required to obtain from the tax assessors of the county a permit authorizing the location of such mobile home within the respective confines of such county when the owner thereof is using or intends to use such mobile home as a residence for himself or others or for any purpose other than resale. Any such resolution shall also provide that the owner of a mobile home used as a residence or for any purpose other than resale which is located within such county may not be relocated within the confines of the county or beyond such confines without first obtaining a permit from the tax assessors of such county au thorizing such relocation. Any such resolution shall also provide that all applicable taxes have been paid before any permit provided for herein shall be issued. In connection therewith, any such resolu tion shall require proof from the owner of a mobile home which is located within any portion of the county that lies within a munici pality that all applicable municipal taxes have been paid before a permit may be issued."

Section 3. Said Act is further amended by inserting in the second sentence of subsection (a) of Section 3 between the word, "residence" and the word, "within" the words "or for any purpose other than resale" so that when so amended subsection (a) of Section 3 shall read as fol
lows :

"(a) The resolutions provided for in Section 2 of this Act shall also provide for the issuance of decals at the time the permits provided for by such resolutions are issued. The decal issued with a permit authorizing location of a mobile home within a county shall be green in color and shall be affixed to the mobile home at all times it is being used as a residence or for any purpose other than resale within the confines of such county. The decal issued with the permit authorizing relocation of a mobile home shall be red in color and shall be affixed to the mobile home at all times such mobile home is being transported within the confines of this State. Such decals shall be designed in such manner and affixed to mobile homes in such manner as to cause them to be easily visible for inspection."

Section 4. Said Act is further amended by striking subsection (c) of Section 3 in its entirety and substituting in lieu thereof a new subsection (c) to read as follows:

"(c) Such resolutions may also provide for a maximum fee of $25.00 for the issuance of each permit required by such resolutions and for the annual renewal of permits authorizing the location of a mobile home within the confines of a county. Such resolutions may provide for the issuance of such permits without charge upon proof that a mobile home has been returned for tax purposes for the current year."

Section 5. All laws and parts of laws in conflict with this Act are hereby repealed.

2232

JOURNAL OF THE HOUSE,

The following amendment was read and adopted:

Messrs. Lowrey, Toles and Adams of the 9th move to amend the Committee substitute to HB 1105 by adding at the end of Section 4 the following:

"The governing authority of each county shall not be au thorized to require the annual renewal of permits authorizing the location of a mobile home within the confines of a county.";

and by amending the caption accordingly.

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. Alien Barfield Battle Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D. Brown, C. Brown, S. P. Busbee Carr Carter Chandler Chappell Cheeks Clements Cole Coney, G. D. Coney, J. L. Conger

Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, 3. E. Dean, N. Dent Dorminy Egan Evans Ezzard Floyd, J. H. Fraser Gaynor Gignilliat Grahl Grantham Greer Griffin Groover Gunter Harrington Harris Hays Horton Housley Howard Howell

Hudson, C. (M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Knight Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. Lee, W. S. Leggett Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell McDonald Melton Merritt Miles Milford

Miller Moore Moyer Mullinax Murphy Nessmith Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R, Pinkston

MONDAY, FEBRUARY 28, 1972

2233

Poole Rainey Reaves Roach Rush Russell, A. B. Salem Savage Scarborough Shanahan Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens

Strickland Sweat Toles Townsend Triplett Tripp Turner Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.:

Bell Bennett, J. T. Chance Connell Dixon

Felton Jordan King Knowles Le vitas

Morgan Mulherin Noble Sherman Thomason

Those not voting were Messrs.:

Alexander, W. M. Atherton Blackshear Bray Buck Burruss Collier Collins, M. Collins, S. Colwell Drury Edwards Farrar Floyd, L. R.

Gary Geisinger Granade Ham Hamilton Harrison Hawes Hill, B. L. Hill, G. Hood Jones, Herb Jones, J. R. Keyton Larsen, W. W.

Longino McCracken Odom Pickard Potts Ross Russell, H. P. Russell, W. B. Shepherd Smith, J. R. Thompson Vaughn Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 139, nays 15.

The Bill, having received the requisite constitutional majority, was passed, by substitute, as amended.

2234

JOURNAL OF THE HOUSE,

Mr. Ham of the 33rd stated that he had been called from the floor of the House when the roll was called on HB 1105, by substitute, as amended, but had he been present would have voted "aye".

HR 735-1693. By Messrs. Smith of the 43rd, Chandler of the 34th, Murphy of the 19th and Harrison of the 58th:
A RESOLUTION
Modifying the lease on the "Henry Grady Hotel Property"; and for other purposes.
WHEREAS, the bid of Jamestown Shopping Center, Inc., for the leasing of the "Henry Grady Hotel Property" was accepted and a lease between the State of Georgia and Jamestown Shopping Center, Inc., was entered into, a copy of which lease is contained in Georgia laws 1969, p. 432; and
WHEREAS, both parties desire to modify the terms of said lease.
NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA that the lease between the State of Georgia and Jamestown Shopping Center, Inc., covering the "Henry Grady Hotel Property", which lease is contained in an Act approved April 17, 1969 (Ga. Laws 1969, p. 432), is hereby modified as follows:
1. Paragraph FIVE shall read as follows:
"FIVE. Lessee accepts this lease and covenants and agrees that as rent for the said premises herein leased it will pay into the treasury of the State of Georgia on June first (1st) of each and every year during the full term of this lease, an annual rental as follows:
(a) From June 1, 1972, through May 31, 1977, $50,000.00; (b) From June 1, 1977, through May 31, 1978, $287,363.00; (c) From June 1, 1978, through May 31, 1979, $289,363.00; (d) From June 1, 1979, through May 31, 1980, $291,363.00; (e) From June 1, 1980, through May 31, 1981, $293,363.00; (f) From June 1, 1981, through May 31, 1982, $295,363.00; (g) From June 1, 1982, through May 31, 1983, $297,363.00; (h) From June 1, 1983, through May 31, 1984, $299,363.00; (i) From June 1, 1984, through May 31, 1985, $301,363.00; (j) From June 1, 1985, through May 31, 1986, $303,363.00; (k) From June 1, 1986, through May 31, 1987, $305,363.00;
(1) From June 1, 1987, through May 31, 1988, $307,363.00;

MONDAY, FEBRUARY 28, 1972

2235

(m) From June 1, 1988, through May 31,1989, $309,363.00; (n) From June 1,1989, through May 31, 1990, $311,363.00; (o) From June 1, 1990, through May 31, 1991, $313,363.00; (p) From June 1, 1991, through May 31, 1992, $315,363.00; (q) From June 1, 1992, through May 31, 1993, $317,363.00; (r) From June 1, 1993, through May 31, 1994, $319,363.00; (s) From June 1, 1994, through May 31, 1995, $321,363.00; (t) From June 1, 1995, through May 31, 1996, $323,363.00; (u) From June 1, 1996, through May 31, 1997, $325,363.00; (v) From June 1,1997, through May 31, 1998, $477,363.00; (w) From June 1, 1998, through May 31, 1999, $481,363.00; (x) From June 1, 1999, through May 31, 2000, $485,363.00; (y) From June 1, 2000, through May 31, 2001, $489,363.00; (z) From June 1, 2001, through May 31, 2002, $493,363.00; (aa) From June 1, 2002, through May 31, 2003, $497,363.00; (bb) From June 1, 2003, through May 31, 2004, $501,363.00; (cc) From June 1, 2004, through May 31, 2005, $505,363.00; (dd) From June 1, 2005, through May 31, 2006, $509,363.00; (ee) From June 1, 2006, through May 31, 2007, $513,363.00; <ff) From June 1, 2007, through May 31, 2008, $517,363.00; (gg) From June 1, 2008, through May 31, 2009, $521,363.00; (hh) From June 1, 2009, through May 31, 2010, $525,363.00; {ii) From June 1, 2010, through May 31, 2011, $529,363.00; (jj) From. June 1, 2011, through May 31, 2012, $533,363.00; <kk) From June 1, 2012, through May 31, 2013, $460,000.00; (11) From June 1, 2013, through May 31, 2014, $460,000.00; <mm) From June 1, 2014, through May 31, 2015, $468,000.00; (nn) From June 1, 2015, through May 31, 2016, $472,000.00; <oo) From June 1, 2016, through May 31, 2017, $476,000.00; <pp) From June 1, 2017, through May 31, 2018, $480,000.00; (qq) From June 1, 2018, through May 31, 2019, $484,000.00; <rr) From June 1, 2019, through May 31, 2020, $488,000.00;
(ss) From June 1, 2020, through May 31, 2021, $492,000.00; and
<tt) From June 1, 2021, through May 31, 2022, $496,000.00.

2236

JOURNAL OP THE HOUSE,

From June 1, 2022, through May 31, 2047, an annual rental as provided in paragraph seven (7) of this Article IV.

From June 1, 2047, through May 31, 2071, an annual rental as provided in paragraph nine (9) of this Article IV."

The following Committee substitute was read and adopted:
A RESOLUTION
Modifying and amending the lease of the property owned by the State of Georgia commonly referred to and known as the "Henry Grady Hotel Property or Old Governor's Mansion Site Property"; authorizing and directing the Governor to execute such instrument as shall be re quired to so modify and amend said lease; directing the Clerk of the House of Representatives to disseminate copies of this Resolution; to provide an effective date; and for other purposes.
WHEREAS, the bid of Jamestown Shopping Center, Inc., for the leasing of the property of the State of Georgia commonly referred to and known as the "Henry Grady Hotel Property or Old Governor's Mansion Site Property" was accepted by the General Assembly, and a lease between the State of Georgia and Jamestown Shopping Center, Inc., was entered into on July 25, 1969, a copy of which lease is contained in Georgia Laws 1969, pp. 432-481; and
WHEREAS, both parties desire to modify and amend the terms of said lease.
NOW, THEREFORE, BE IT RESOLVED AND ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA that upon execution by the parties named in the AMENDMENT set forth in PARAGRAPH I hereof, the July 25, 1969 lease between the State of Georgia and James town Shopping Center, Inc., covering State owned property commonly referred to and known as "Henry Grady Hotel Property or Old Gov ernor's Mansion Site Property", which lease is contained in a Resolution approved April 17, 1969 (Ga. Laws 1969, pp. 432-481), shall stand as modified and amended in and only in the particulars set forth in said AMENDMENT, to wit:
PARAGRAPH I
AMENDMENT TO INDENTURE OF LEASE DATED JULY 25, 1969 BETWEEN THE STATE OF GEORGIA AS LESSOR AND JAMESTOWN SHOPPING CENTER, INC. AS LESSEE CONCERN ING PROPERTY KNOWN AS THE "HENRY GRADY HOTEL PROPERTY OR OLD GOVERNOR'S MANSION SITE PROPERTY"
THIS AGEEMENT, made and entered into as of the _____________..____... day of _______.____________.._.___,,___ 19___.________. by and between the STATE OF GEORGIA, party of the first party (hereinafter referred to as the "Lessor"), acting through the State Properties Control Commission,

MONDAY, FEBRUARY 28, 1972

2237

and JAMESTOWN SHOPPING CENTER, INC., a Georgia corporation, party of the second part (hereinafter referred to as the "Lessee"),

WITNESSETH:

WHEREAS, the Lessor and the Lessee entered into that certain Indenture of Lease (hereinafter referred to as the "Lease") dated July 25, 1969, a duplicate original whereof was duly filed for record in the Office of the Clerk of the Superior Court of Fulton County, Georgia and is recorded in Deed Book 5097 Pages 482 through 520, Records of Fulton County, Georgia, concerning certain property in Land Lot 78 of the 14th District of Fulton County, Georgia, bounded on the north by Cain Street, on the east by Peachtree Street, on the south by Davison's and Parking Decks and on the west by Spring Street, said property being now commonly referred to as the "Henry Grady Hotel Property or Old Governor's Mansion Site Property" and being more particularly described in the Lease, the Lease having been accepted by the General Assembly of the State of Georgia;

WHEREAS, the Lessee has proposed to the State Properties Con trol Commission certain modifications in and amendments to the Lease; and

WHEREAS, the State Properties Control Commission has deter mined that in order to obtain the highest and best use of the Lessor's property, the greatest investment thereon and the highest rental value, certain modifications in and amendments to the Lease are necessary.

NOW, THEREFORE, for and in consideration of the hereinabove recited premises and of the mutual covenants and agreements herein contained, and for other value considerations, the receipt and sufficiency whereof are hereby acknowledged, the Lessor and the Lessee, subject to the approval of the General Assembly of the State of Georgia, hereby covenant and agree as follows:

1.
Article IV of the Lease, entitled "Rents--Rental Bond" and con sisting of paragraphs five (5) to seventeen (17), inclusive, shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new Article IV which shall read in its entirety as follows:

ARTICLE IV
Rents--Escalation Factor--Reappraisal--Rental Security
FIVE: Lessee accepts this lease and covenants and agrees that as rent for the said premises herein leased it will pay into the treasury of the State of Georgia in advance on June first (1st) of each and every year during the full term of this lease, a base annual rental as follows:

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JOURNAL OF THE HOUSE,

(a) From June 1, 1972, through May 31, 1977, $50,000.00; (b) From June 1, 1977, through May 31, 1978, $287,363.00; (c) From June 1, 1978, through May 31,1979, $289,363.00; (d) From June 1, 1979, through May 31, 1980, $291,363.00; (e) From June 1,1980, through May 31, 1981, $293,363.00; (f) From June 1, 1981, through May 31, 1982, $295,363.00; (g) From June 1, 1982, through May 31, 1983, $297,363.00; (h) From June 1, 1983, through May 31, 1984, $299,363.00; (i) From June 1, 1984, through May 31, 1985, $301,363.00; (j) From June 1, 1985, through May 31, 1986, $303,363.00; (k) From June 1, 1986, through May 31,1987, $305,363.00; (1) From June 1, 1987, through May 31, 1988, $307,363.00; (m) From June 1, 1988, through May 31, 1989, $309,363.00; (n) From June 1, 1989, through May 31, 1990, $311,363.00; (o) From June 1, 1990, through May 31, 1991, $313,363.00; (p) From June 1, 1991, through May 31, 1992, $315,363.00; (q) From June 1, 1992, through May 31, 1993, $317,363.00; (r) From June 1, 1993, through May 31, 1994, $319,363.00; (s) From June 1, 1994, through May 31, 1995, $321,363.00; (t) From June 1, 1995, through May 31, 1996, $323,363.00; (u) From June 1, 1996, through May 31, 1997, $325,363.00; (v) From June 1, 1997, through May 31, 1998, $477,363.00; (w) From June 1, 1998, through May 31, 1999, $481,363.00; (x) From June 1, 1999, through May 31, 2000, $485,363.00; (y) From June 1, 2000, through May 31, 2001, $489,363.00; (z) From June 1, 2001, through May 31, 2002, $493,363.00; (aa) From June 1, 2002, through May 31, 2003, $497,363.00; (bb) From June 1, 2003, through May 31, 2004, $501,363.00; (cc) From June 1, 2004, through May SI, 2005, $505,363.00; (dd) From June 1, 2005, through May 31, 2006, $509,363.00; (ee) From June 1, 2006, through May 31, 2007, $513,363.00; (ff) From June 1, 2007, through May 31, 2008, $517,363.00;
(gg) From June 1, 2008, through May 31, 2009, $521,363.00;
(hh) From June 1, 2009, through May 31, 2010, $525,363.00;

MONDAY, FEBRUARY 28, 1972

2239

(ii) From June 1, 2010, through May 31, 2011, $529,363.00;
(jj) From June 1, 2011, through May 31, 2012, $533,363.00;
(kk) From June 1, 2012, through May 31, 2013, $460,000.00;
(11) From June 1, 2013, through May 31, 2014, $464,000.00;
(mm) From June 1, 2014, through May 31, 2015, $468,000.00;
(nn) From June 1, 2015, through May 31, 2016, $472,000.00;
(oo) From June 1, 2016, through May 31, 2017, $476,000.00;
(pp) From June 1, 2017, through May 31, 2018, $480,000.00;
(qq) From June 1, 2018, through May 31, 2019, $484,000.00;
(rr) From June 1, 2019, through May 31, 2020, $488,000.00;
(ss) From June 1, 2020, through May 31, 2021, $492,000.00; and
(tt) From June 1, 2021, through May 31, 2022, $496,000.00. From June 1, 2022, through May 31, 2047, a base annual rental as provided in paragraph seven (7) of this Article IV. From June 1, 2047, through May 31, 2071, a base annual rental as provided in paragraph nine (9) of this Article IV.

SIX: For the purposes of this Article IV of this lease, the term "Escalation Factor" for any given year of the lease term com mencing with the fifty-first (51st) year of the lease term and continuing through the seventy-fifth (75th) year of the lease term shall mean an amount equal to the product obtained by multiplying the base annual rental for such given year of the lease term by the figure obtained by multiplying one percent (1 %) by the number of years the lease has run since the expiration of the fiftieth (50th) year of the lease term through the end of the lease year im mediately preceding such given year of the lease term. For the purposes of this Article IV of this lease, the term "Escalation Factor" for any given year of the lease term commencing with the seventy-sixty (76th) year of the lease term and continuing through the ninety-ninth (99th) year of the lease term shall mean an amount equal to the product obtained by multiplying the base annual rental for such given year of the lease term by the figure obtained by multiplying one percent (1%) by the number of years the lease has run since the expiration of the seventy-fifth (75th) year of the lease term through the end of the lease year immediately preceding such given year of the lease term. The aggregate amount of rental to be paid for any given year of the lease term com mencing with the fifty-first (51st) year of the lease term and continuing through the ninety-ninth (99th) year of the lease term shall be determined by adding to the amount of the base annual rental for such given year of the lease term the amount of the Escalation Factor for such given year of the lease term.

SEVEN: At least six (6) months, but no earlier than nine (9) months, before the expiration of the fiftieth (50th) year of the term of this lease on May 31, 2022, the Lessor and the Lessee shall determine by appraisal, in the manner set forth in paragraph eight

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JOURNAL OF THE HOUSE,

(8) of this Article IV, a new base annual rental which shall be the base annual rental for the fifty-first (51st) through the seventyfifth (75th) years of this lease; which base annual rental shall not be less than Two hundred thousand dollars ($200,000.00). In addition to the base annual rental provided for in this paragraph seven (7), Lessee shall yield and pay as rental for each such year of the term the amount of the Escalation Factor as provided in paragraph six (6) of this Article IV.

EIGHT: The said new base annual rental shall be determined by computing the average of two (2) appraisals of the then fair rental value of the premises herein leased, the Lessor and the Lessee to each appoint one (1) appraiser and each to pay the cost of their appraiser. The said appraisers shall be directed to specific ally include (but not be limited to) in their consideration of the fair rental value of the premises, the value of the leased land, the value of any buildings, other structures, alteration, or improvements on or in the leased premises, the fact that such buildings, other structres, alteration or improvements will belong to the Lessor upon termination of this lease, and the obligation of the Lessee to pay rent hereunder, including the added rental increment due pursuant to the Escalation Factor. Each appraiser shall be a member of a nationally recognized appraisal agency or institute The appraisal to which reference is made in paragraph seven (7) of this Article IV shall be made no earlier than nine (9) months prior to the expiration of the fiftieth (50th) year of the term of this lease, and the appraisal to which reference is made in. paragraph line (9) of this Article IV shall be made no earlier than nine (9) months prior to the expiration of the seventy-fifth (75th) year of the term of this lease.
NINE: At least six (6) months, but no earlier than nine (9) months, before the expiration of the sexenty-fifth (75th) year of the term of this lease on May 31, 2047, the Lessor and the Lessee shall determine by appraisal, in the manner set forth in paragraph eight (8) of this Article IV, a new base annual rental which shall be the base annual rental for the seventy sixth (76th) through the ninety-ninth (99th) years of this lease; which base annual rental shall not be less than Two hundred thousand dollars ($200,000.00). In addition to the base annual rental provided for in this paragraph nine (9), Lessee shall yield and pay as rental for each such year of the term the amount of the Escalation Factor as provided in paragraph six (6) of this Article IV.

TEN: Payment of annual rental and all other sums due to Lessor under this lease shall be made to the State Treasurer of Georgia.
ELEVEN: Lessee further agrees to deposit with Lessor as hereinafter provided, at the option of Lessee, either:

(A) A surety bond, issued by a responsible insurance company, legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia;

MONDAY, FEBRUARY 28, 1972

2241

(B) Recognized valid bonds of the United States Government;

(C) Such other collateral or security as Lessor agrees in writing to accept; or

(D) Any combination of the items to which reference is made in subparagraphs (A), (B) and (C) of this paragraph eleven (11) (all of which items are hereinafter collectively referred to as the "Rental Security") by the times and in the amounts as follows:

(a) By June 1, 1972 for the lease year commencing on June 1, 1972 and continuing through May 31, 1973 in the amount of $100,000.00;

(b) By March 1, 1973 for the lease year commencing on June 1, 1973 and continuing through May 31, 1974 in the amount of $100,000.00;

(c) By March 1, 1974 for the lease year commencing on June 1, 1974 and continuing through May 31, 1975 in the amount of $100,000.00;

(d) By March 1, 1975 for the lease year commencing on June 1, 1975 and continuing through May 31, 1976 in the amount of $100,000.00;

(e) By March 1, 1976 for the lease year commencing on June

1, 1976 and continuing through May 31, 1977 in the amount of

$100,000.00;

;

(f) By March 1, 1977 for the lease year commencing on June

1, 1977 and continuing through May 31, 1978 in the amount of

$400,000.00;



(g) By March 1, 1978 for the lease year commencing on June 1, 1978 and continuing through May 31, 1979 in the amount of $400,000.00;

(h) By March 1, 1979 for the lease year commencing on June 1, 1979 and continuing through May 31, 1980 in the amount of $400,000.00;

(i) By March 1, 1980 for the lease year commencing on June 1, 1980 and continuing through May 31, 1981 in the amount of $400,000.00;

(j) By March 1, 1981 for the lease year commencing on June 1, 1981 and continuing through May 31, 1982 in the amount of $400,000.00;

(k) By March 1, 1982 for the lease year commencing on June

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JOURNAL OF THE HOUSE,

1, 1982 and continuing through May 31, 1983 in the amount of $400,000.00;

(1) By March 1, 1983 for the lease year commencing on June 1, 1983 and continuing through May 31, 1984 in the amount of $400,000.00;

(m) By March 1, 1984 for the lease year commencing on June 1, 1984 and continuing through May 31, 1985 in the amount of $400,000.00;

(n) By March 1, 1985 for the lease year commencing on June 1, 1985 and continuing through May 31, 1986 in the amount of $400,000.00;

(o) By March 1, 1986 for the lease year commencing on June 1, 1986 and continuing through May 31, 1987 in the amount of $400,000.00;

(p) By March 1, 1987 for the lease year commencing on June 1, 1987 and continuing through May 31, 1988 in the amount of $400,000.00;

(q) By March 1, 1988 for the lease year commencing on June 1, 1988 and continuing through May 31, 1989 in the amount of $400,000.00;

(r) By March 1, 1989 for the lease year commencing on June 1, 1989 and continuing through May 31, 1990 in the amount of $400,000.00;

(s) By March 1, 1990 for the lease year commencing on June 1, 1990 and continuing through May 31, 1991 in the amount of $400,000.00;

(t) By March 1, 1991 for the lease year commencing on June 1, 1991 and continuing through May 31, 1992 in the amount of $400,000.00;

(u) By March 1, 1992 for the lease year commencing on June 1, 1992 and continuing through May 31, 1993 in the amount of $400,000.00;

(v) By March 1, 1993 for the lease year commencing on June 1, 1993 and continuing through May 31, 1994 in the amount of $400,000.00;

(w) By March 1, 1994 for the lease year commencing on June 1, 1994 and continuing through May 31, 1995 in the amount of $400,000.00;

(x) By March 1, 1995 for the lease year commencing in June

MONDAY, FEBRUARY 28, 1972

2243

1, 1995 and continuing through May 31, 1996 in the amount of $400,000.00;

(y) By March 1, 1996 for the lease year commencing on June 1, 1996 and continuing through May 31, 1997 in the amount of $400,000.00;
(z) By March 1, 1997 for the lease year commencing on June 1, 1997 and continuing through May 31, 1998 in the amount of $477,363.00;

(aa) By March 1, 1998 for the lease year commencing on Juno 1, 1998 and continuing through May 31, 1999 in the amount of $481,363.00;
(bb) By March 1, 1999 for the lease year commencing on June 1, 1999 and continuing through May 31, 2000 in the amount of $485,363.00;

(cc) By March 1, 2000 for the lease year commencing on June 1, 2000 and continuing through May 31, 2001 in the amount of $489,363.00;
(dd) By March 1, 2001 for the lease year commencing on June 1, 2001 and continuing through May 31, 2002 in the amount of $493,363.00;
(ee) By March 1, 2002 for the lease year commencing1 on June 1, 2002 and continuing through May 31, 2003 in the amount of $497,363.00;
(ff) By March 1, 2003 for the lease year commencing on June 1, 2003 and continuing through May 31, 2004 in the amount of $501,363.00;
(gg) By March 1, 2004 for the lease year commencing on June 1, 2004 and continuing through May 31, 2005 in the amount of $505,363.00;
(hh) By March 1, 2005 for the lease year commencing on June 1, 2005 and continuing through May 31, 2006 in the amount of $509,363.00;
(ii) By March 1, 2006 for the lease year commencing on June 1, 2006 and continuing through May 31, 2007 in the amount of $513,363.00;

(jj) By March 1, 2007 for the lease year commencing on June 1, 2007 and continuing through May 31, 2008 in the amount of $517,363.00;

(kk) By March 1, 2008 for the lease year commencing on June

2244

JOURNAL OF THE HOUSE,

1, 2008 and continuing through May 31, 2009 in the amount of $521,363.00;

(11) By March 1, 2009 for the lease year commencing on June 1, 2009 and continuing through May 31, 2010 in the amount of $525,363.00;

(mm) By March 1, 2010 for the lease year commencing on June 1, 2010 and continuing through May 31, 2011 in the amount of $529,363.00;

;

(nn) By March 1, 2011 for the lease year commencing on June

1, 2011 and continuing through May 31, 2012 in the amount of

$533,363.00;

(oo) By March 1, 2012 for the lease year commencing on June 1, 2012 and continuing through May 31, 2013 in the amount of $460,000.00;

(pp) By March 1, 2013 for the lease year commencing on June 1, 2013 and continuing through May 31, 2014 in the amount of $464,000.00;

(qq) By March 1, 2014 for the lease year commencing on June 1, 2014 and continuing through May 31, 2015 in the amount of $468,000.00;

(rr) By March 1, 2015 for the lease year commencing on June 1, 2015 and continuing through May 31, 2016 in the amount of $472,000.00;

(ss) By March 1, 2016 for the lease year commencing on June 1, 2016 and continuing through May 31, 2017 in the amount of $476,000.00;

(tt) By March 1, 2017 for the lease year commencing on June 1, 2017 and continuing through May 31, 2018 in the amount of $480,000.00;

(uu) By March 1, 2018 for the lease year commencing on June 1, 2018 and continuing through May 31, 2019 in the amount of $484,000.00;

(w) By March 1, 2019 for the lease year commencing on June 1, 2019 and continuing through May 31, 2020 in the amount of $488,000.00;

(ww) By March 1, 2020 for the lease year commencing on June 1, 2020 and continuing through May 31, 2021 in the amount of $492,000.00;

(xx) By March 1, 2021 for the lease year commencing on

MONDAY, FEBRUARY 28, 1972

2245

June 1, 2021 and continuing through May 31, 2022 in the amount of $496,000.00;

(yy) By March 1 of each and every calendar year commencing with 2022 and continuing through 2046 for the lease year com mencing the next succeeding June 1 and continuing through May 31 of the next calendar year thereafter in the amount of twice the base annual rental for the lease year following such March 1 as deter mined pursuant to paragraph seven (7) of this Article IV; and

(zz) By March 1 of each and every calendar year commencing with 2047 and continuing through 2071 for the lease year com mencing the next succeeding June 1 and continuing through May 31 of the next calendar year thereafter in the amount of twice the base annual rental for the lease year following such March 1 as determined pursuant to paragraph line (9) of this Article IV.

TWELVE: In the event the Lessee shall fail or refuse to pay the aforesaid base annual rental (and when applicable, the addi tional rental [Escalation Factor]) to the Treasurer of the State of Georgia by the time named in this Article IV for the payment thereof, Lessor, upon giving thirty (30) days written notice to Lessee of its intention to do so, may, without further notice, collect out of the proceeds of the Rental Security the amount of such unpaid rental together with interest thereon at the rate provided for in paragraph twenty-five (25) of Article V of this lease. If the amount on deposit in the Rental Security is insufficient to cover both the unpaid rental and interest, Lessee shall pay the deficiency forthwith. In the event Lessor does collect out of the proceeds of the Rental Security as aforesaid, Lessee shall restore the Rental Secur ity to the amount then required by paragraph eleven (11) of this Article IV within sixty (60) days after such collection by Lessor.

THIRTEEN: Upon failure of Lessee to fully comply with the provisions of paragraph eleven (11) of this Article IV, Lessor may, without giving prior written notice to Lessee, declare a default of this lease, and, at its option, terminate the same. The adequacy of such United States Government bonds to which refer ence is made in subparagraph (B) of paragraph eleven (11) of this Article IV and of such other collateral or security to which reference is made in subparagraph (C) of paragraph eleven (11) of this Article IV to provide the security represented by the Rental Security shall be in the sole discretion of the Lessor. If the Lessor shall determine that any such security is inadequate, Lessee shall, within ninety (90) days following written notice by the Lessor of such inadequacy, make good said deficiency by the deposit of other items permitted under paragraph eleven (11) of this Article IV to comprise the Rental Security.

FOURTEEN: The items comprising the Rental Security, as provided in paragraph eleven (11) of this Article IV, shall be so coniditioned as to permit the Lessor to liquidate such or realize upon the proceeds thereof in the event that the Lessor elects to collect out of the proceeds of the Rental Security the amount of any

2246

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unpaid rental as provided in paragraph twelve (12) of this Article IV.

FIFTEEN: Lessee, not being in default hereunder and after the initial deposit, shall have the right to change and interchange from time to time the items comprising the Rental Security.

SIXTEEN: Lessee, fully complying with paragraph eleven (11) of this Article IV, shall have the right to any and all interest or other income that may accumulate on any United States Govern ment bonds or other interest- or income-producing items comprising the Rental Security or any portion thereof. If the Rental Security, or any part thereof, is made up of cash, Lessee shall not be entitled to interest on such cash.

SEVENTEEN: If upon the termination or expiration of this lease, Lessee shall have well and truly performed the undertakings, duties and obligations of this lease, the Rental Security on deposit with the Lessor pursuant to paragraph eleven (11) of this Article IV shall be returned to the Lessee.

2.

Article VI of the Lease, entitled "Use of Premises--Alteration of Premises--Minimum Fair Market Value of Alteration--Date For Sub stantial Completion of Alteration--Alteration Bond(s)--Vesting Of Legal Title To Alteration--Abandonment of Premises--Maintenance And Repair Of Premises--Indemnification And Save And Hold
Harmless Provisions", shall be and is hereby retitled "Use Of Premises --Alteration Of Premises--Minimum Fair Market Value Of Alteration --Date For Substantial Completion Of Alteration--Alteration Security --Vesting Of Legal Title To Alteration--Abandonment Of Premises-- Maintenance And Repair Of Premises--Indemnification And Save And Hold Harmless Provisions."

3.
Paragraph twenty-eight (28) of Article VI of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph twenty-eight (28) which shall read in its entirety as follows:
TWENTY-EIGHT: However, Lessee shall, at Lessee's sole cost and expense, either add to, renovate, or construct anew (here tofore referred to and hereinafter stated in this lease as alternation) any buildings, other structures, alteration or improvements that may be constructed and located on or in the premises at the time of the commencement of this lease. The constructed and substantially completed alteration shall have a minimum fair market value of not less than twenty-five million dollars ($25,000,000.00). Said minimum fair market value, at the option of Lessor, shall be determined by computing the average of two (2) appraisals made by appraisers, each of whom shall be a member of a nationally recognized ap-

MONDAY, FEBRUARY 28, 1972

2247

praisal agency or institute, the Lessor and Lessee to each appoint one (1) appraiser and each to pay the cost of their appraiser.

4.

Paragraph thirty-two (32) of Article VI of the Lease shall be and is hereby stricken and deleted in its entitrety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph thirty-two (32) which shall read in its entirety as follows:

THIRTY-TWO: Lessee covenants and agrees to substantially complete the alteration to the premises, on or before June 1, 1982. For the purpose of demonstrating to the Lessor that said altera tion will be in the amount specified in paragraph twenty-eight (28) of this Article VI, Lessee, prior to commencing such altera tion, shall deliver to Lessor preliminary architect's drawings', specifications and cost estimates of the said alteration. Lessee shall construct and complete the alteration in substantial compliance with the drawings, specifications and amendments thereof sub mitted to the Lessor. Substantially complete as used in this para graph and throughout this lease shall be construed to mean such condition as is sufficient, suitable and ready for occupancy and for the use intended. If the said alteration is not substantially completed by the date heretofore stated in this paragraph, Lessee hereby agrees to pay to Lessor, as fixed liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) per day until the said alteration is substantially completed. However, the said alteration must be substantially completed within six (6) months following the said date heretofore stated in this paragraph.

5.
Paragraph thirty-eight (38) of Article VI of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph thirty-eight (38) which shall read in its entirety as follows:

THIRTY-EIGHT: Lessee further agrees to deposit with Lessor as hereinafter provided, at the option of Lessee, either:

(A) A surety bond, issued by a responsible insurance company, legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia;

(B) Recognized valid bonds of the United States Government;
(C) Such other collateral or security as Lessor agrees in writ ing to accept; or

(D) Any combination of the items to which reference is made in subparagraphs (A), (B) and (C) of this paragraph thirtyeight (38)

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JOURNAL OF THE HOUSE,

(all of which items are hereinafter collectively referred to as the "Alteration Security") by June 1, 1972 in the amount of Three million dollars ($3,000,000.00).

Upon failure of Lessee to fully comply with this provision, Lessor may, without giving prior written notice to Lessee, declare a default of this lease, and, at its option, terminate the same.

6.

Paragraph thirty-nine (39) of Article VI of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph thirty-nine (39) which shall read in its entirety as foflows:

THIRTY-NINE: Lessee agrees to maintain its deposit of items comprising the Alteration Security at the amount set forth in paragraph thirty-eight (38) of this Article VI.

7.

Paragraph forty (40) of Article VI of the Lease shall be and is hereby stricken and deleted in its entirety and is substitution therefor shall be and is hereby inserted in the Lease a new paragraph forty (40) which shall read in its entirety as follows:

FORTY: The adequacy of such United States Government

bonds to which reference is made in subparagraph (B) of para

graph thirty-eight (38) of this Article VI and of such other col

lateral or security to which reference is made in subparagraph (C)

of paragraph thirty-eight (38) of this Article VI to provide the

security represented by the Alteration Security shall be in the sole

discretion of the Lessor. If the Lessor shall determine that any such

security is inadequate, Lessee shall, within ninety (90) days follow

ing written notice by the Lessor of such inadequacy, make good

said deficiency by the deposit of other items permitted under para

graph thirty-eight (38) of this Article VI to comprise the Altera-

.;

tion Security.

8.

Paragraph forty-one (41) of Article VI of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph forty-one (41) which shall read in its entirety as follows:

FORTY-ONE: Lessee, not being in default hereunder and after the initial deposit, shall have the right to change and interchange from time to time the items comprising the Alteration Security.

9.

Paragraph forty-two (42) of Article VI of the Lease shall be and

MONDAY, FEBRUARY 28, 1972

2249

is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph forty-two (42) which shall read in its entirety as follows:

FORTY-TWO: The Alteration Security to which reference is made in paragraph thirty-eight (38) of this Article VI is not to be confused with the Rental Security to which reference is made in paragraph eleven (11) of Article IV of this lease. The Rental Security required by paragraph eleven (11) of Article IV of this lease shall be in such amounts as are from time to time prescribed by paragraph eleven (11) of Article IV of this lease, while the Alteration Security to which reference is made in paragraph thirty-eight (38) of this Article VI shall be in the amount set forth in that paragraph.

10.
Paragraph forty-three (43) of Article VI of the Lease shall be and is hereby stricken and deleted in its entirety and is substitution therefor shall be and is hereby inserted in the Lease a new paragraph forty-three (43) which shall read in its entirety as follows:
FORTY-THREE: The Alteration Security shall be regarded as collateral security for the faithful performance by the Lessee of the provisions of paragraph twenty-eight (28) of this Article VI. The items comprising the Alteration Security, as provided in paragraph thirty-eight (38) of this Article VI, shall be so conditioned as to permit the Lessor to liquidate such or realize upon the proceeds thereof in the event that the Lessee defaults in the performance of the provisions of paragraph twenty-eight (28) of this Article VI.

11.
Paragraph forty-four (44) of Article VI of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph forty-four (44) which shall read in its entirety as follows:
FORTY-FOUR: Lessee, fully complying with paragraph thirtyeight (38) of this Article VI, shall have the right to any and all interest or other income that may accumulate on any United States Government bonds or other interest--or income-producing items comprising the Alteration Security or any portion thereof. If the Alteration Security, or any part thereof, is made up of cash, Lessee shall not be entitled to interest on such cash.

12.
Paragraph forty-five (45) of Article VI of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution there for shall be and is hereby inserted in the Lease a new paragraph fortyfive (45) which shall read in its entirety as follows:

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JOURNAL OF THE HOUSE,

FORTY-FIVE: When the said alteration is constructed and substantially completed, the Lessor shall deliver to the Lessee the Alteration Security to which reference is made in paragraph thirtyeight (38) of this Article VI.

13.

Paragraph fifty-four (54) of Article VIII of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph fifty-four (54) which shall read in its entirety as follows:

FIFTY-FOUR: The contracts of insurance shall contain standard loss payable clauses to Lessor, Lessee and any Mortgagee under any Mortgage, as the words Mortgagee and Mortgage are defined in paragraph sixty-seven (67) of Article IX of this lease, as their respective interests may appear. The said policies shall provide that the same shall not be invalidated or cancellable until after a thirty (30) day written notice has been given to Lessor, such Mortgagee and the Insurance Commissioner of the State of Georgia. Any loss under the said policies shall be made payable to any bank, insurance company or financial institution which as a first Mortgagee holds a first and paramount Mortgage, as the words Mortgagee and Mortgage are defined in paragraph sixty-seven (67) of Article IX of this lease, upon any of Lessee's rights and interests hereunder (provided that such bank, insurance company or financial institution is legally qualified to do business in the State of Georgia), as Trustee for the benefit of Lessor and Lessee, to the end that the said Trustee shall be entitled to collect for the use and benefit of the Lessor and Lessee all the money due under said policies payable in the event of any by reason of the loss or damage of any building or other improvement situated on the premises.
14.

Paragraph sixty (60) of Article VIII of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph sixty (60) which shall read in its entirety as follows:

SIXTY: At all times during any repair, demolition, construc tion, renovation, restoration, or replacement of any buildings, other structures, improvements, or alteration, Lessee agrees, at its own cost and expense, to obtain and maintain workmen's compensation insurance in an amount necessary to protect Lessor and Lessee from all liabilities, damages, claims or demands arising out of any accident or occurrence causing injury or death to any person whatsoever.

15.

Paragraph sixty-one (61) of Article VIII of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution

MONDAY, FEBRUARY 28, 1972

2251

therefor shall be and is hereby inserted in the Lease a new paragraph sixety-one (61) which shall read in its entirety as follows:

SIXTY-ONE: In defraying the cost and expense that might
be incurred by Lessee in paragraph fifty-six (56) of this Article
VIII, and in the event that the proceeds of all insurance shall be
paid to a Trustee as provided in paragraph fifty-four (54) of this Article VIII of this lease, such Trustee shall make such proceeds available to Lessee, and Lessee shall utilize such proceeds, for the purposes of repairing, restoring or replacing of such buildings, other structures, alteration or improvements, and for no other purpose whatsoever. If, however, there be no Trustee pursuant to paragraph fifty-four (54) of this Article VIII of this lease, Lessor shall make the proceeds of all insurance received by Lessor available to Lessee, and Lessee shall utilize such proceeds, together with the proceeds of all insurance received by Lessee, for the purposes of repairing, restoring or replacing such buildings, other structures, alternation or improvement, and for no other purpose whatsoever. All sums necessary to effect such repair, restoration, or replacement, over and above the amount available from said insurance moneys, shall be at the sole cost and expense of the Lessee. Upon completion by the Lessee during the term of this lease of the repair, restoration or replacement of such buildings, other structures, alteration or improvements, any unexpended funds shall inure to the Lessor, the Lessee and the Mortgagee, if any, as their interest may appear.

16.

Paragraph sixty-three (63) of Article VIII of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph sixty-three (63) which shall read in its entirety as follows:

SIXTY-THREE: In connection with demolition of any build ings, other structures, alteration or improvements, on the leased land; any land excavation; any grading on the leased land; any construction, repair, restoration, or replacement of any buildings, other structures, alteration or improvements on the leased land; Lesee agrees to be responsible for, to indemnity the Lessor against, and to save and hold the Lessor harmless from any and all liabilities, damages, claims or demands arising out of any accident or occurrence causing injury or death to any person whatsoever or damages to any property whatsoever.

17.

Paragraph sixty-five (65) of Article VIII of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph sixty-five (65) which shall read in its entirety as follows:

SIXTY-FIVE: Insurance policies including all insurance re quired to be carried by Lessee in accordance with this lease, or,

2252

JOURNAL OF THE HOUSE,

at the option of Lessee, certificates showing that such insurance is in force and non-cancellable without at least thirty (30) days prior written notice to Lessor and the Insurance Commissioner of the State of Georgia, shall be delivered to Lessor.
18.
Article IX of the Lease, entitled "Concerning Mortgage Of The Leasehold" and consisting of paragraphs sixty-seven (67) to seventy (70), inclusive, shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new Article IX which shall read in its entirety as follows:

ARTICLE IX
Concerning Mortgage of the Leasehold
SIXTY-SEVEN: Whenever the Lessee is not in arrears in the payment of rent, nor in default in the performance or ob servance of any of the provisions, covenants, terms and conditions of this lease, it (Lessee) shall have the right to encumber by deed to secure debt, mortgage, deed of trust, or other instrument in the nature thereof as security for any debt (any and all such instru ments being in this lease sometimes collectively referred to as "Mortgage", and any and all grantees, mortgagees or trustees thereunder being in this lease sometimes collectively referred to as "Mortgagee"), the proceeds whereof shall be used either to directly increase the value of the premises or to provide construc tion, permanent or other financing for any or all buildings, other structures, improvements, alterntion or fixtures or the contents thereof now or hereafter placed upon the land demised under this lease, all of Lessee's rights and interests hereunder including, without limiting the generality of the foregoing, its rights and interests in and to all buildings, other structures, improvements, alteration and fixtures now or hereafter placed on the premises by the Lessee. In all respects, however, any Mortgage shall be subordinate, inferior and junior to Lessor's rights, title, privileges, liens and interests as provided in this lease. Lessee shall not have the right to, in any way, burden or encumber Lessor's fee simple title and reversionary interest in and to the premises.
SIXTY-EIGHT: If, at any time after the execution and recording in the office of the Clerk of the Superior Court of Pulton County, Georgia, of any Mortgage, the Mortgagee there under shall notify the Lessor in writing that such Mortgage has been given and executed by the Lessee, and shall at the same time furnish Lessor with a copy of such Mortgage certified as true and correct by the said Clerk, and the address to which such Mortgagee desires notices and copies of suits as hereinbelow provided to be mailed, Lessor hereby agrees that Lessor will mail to such Mortgagee (by United States Certified or Registered Mail) at the address so given, duplicate copies of any and all suits filed by Lessor against Lessee and such notices as Lessor has agreed to provide to Mortgagee under paragraph seventy-two (72) of

MONDAY, FEBRUARY 28, 1972

2253

Article X of this lease. The day upon which any such notice or copy of suit is so mailed to such Mortgagee shall be treated as the date of service thereof upon such Mortgagee. Lessor's obliga tion under this paragraph sixty-eight (68) shall be such that Lessor shall never be required to provide duplicate copies of notices or suits to more than three (3) Mortgagees at any one time. Lessor's said obligation shall be deemed fulfilled, at any time and from time to time, when Lessor provides duplicate copies of such notices or suits to the three Mortgagees first giving notification, which shall then be effective, of their Mortgages to Lessor under this paragraph. Notification by any Mortgagee shall cease to be effective upon written advice by such Mortgagee to Lessor of the satisfaction of the Mortgage held by such Mortgagee.

SIXTY-NINE: To the extent that Lessee grants such right to any Mortgagee, such Mortgagee may, at its option, at any time before Lessor elects one of the options in paragraph seventy-two (72) of Article X of this lease, pay any amount or do any act or thing required of the Lessee by the terms of this lease. All pay ments so made and all acts or things so done and performed by any such Mortgagee shall be as effective to prevent a forfeiture of the rights and interests of the Lessee hereunder as the same would have been if done and performed by the Lessee instead of any such Mortgagee.

SEVENTY: Any Mortgage given by the Lessee may be so conditioned as to provide that as between Lessee and any Mortgagee under such Mortgage, such Mortgagee, on making good any such default or defaults on the part of the Lessee, shall be thereby subrogated to any and all of the rights of Lessee under the pro visions, covenants, terms and conditions of this lease.

19.
Article X of the Lease, entitled "Default--Termination", and consisting of paragraphs seventy-one (71) through seventy-three (73), inclusive, shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new Article X which shall read in its entirety as follows:

ARTICLE X
Default--Termination
SEVENTY-ONE: This lease is granted on the condition that if a default shall occur, then Lessor may, at its option, terminate this lease as hereinafter provided in this Article X of this lease.
SEVENTY-TWO: In the event the Lessor declares that the Leassee has defaulted in the observance or performance of any of the provisions, covenants, terms or conditions of this lease, Lessor may, at its option, upon giving ninety (90) days prior written notice to any Mortgagee entitled to notice as provided

2254

JOURNAL OF THE HOUSE,

in paragraph sixty-eight (68) of Article IX of this lease of any such default (which notice shall be given notwithstanding any other provision or provisions of this lease which would permit Lessor to declare a default of this lease without notice), except as otherwise provided in paragraph seventy-two B (72B) of this Article X of this lease, and, unless it is otherwise provided in this lease, upon giving ninety (90) days prior written notice to Lessee of any such default, so long as such default continues, unless such Mortgagee is in compliance with either paragraph seventy-two A (72A) or paragraph seventy-two B (72B) of this Article X of this lease, whichever is applicable, either (A) Terminate this lease without any further notice to Lessee or Mortgagee, and, thereafter, without legal process, enter upon and take immediate possession and control of the premises to the complete exclusion of Lessee. Lessor may also demand, collect and retain all rents due from tenants occupying said premises and Lessor may otherwise treat and occupy the said premises as if this lease had expired of its own limitation. The failure of Lessor to exercise such rights after one or more defaults shall not be a waiver of the rights of the Lessor upon any subsequent default or (B) As Lessee's legal representative, without terminating this lease, re-let the said premises without advertisement and by private negotiations for such term or terms and at such rental or rentals as Lessor in its sole discretion may deem proper and advisable, with the right to make alteration and repairs to said premises. Upon each such re-letting (1) Lessee shall be immediately liable to pay to Lessor,, in addition to any indebtedness due hereunder, the costs and expenses of such re-letting and of such alteration and repairs incurred by Lessor; and (2) At the option of Lessor rents received by Lessor from such re-letting shall be applied: First, to the payment of any costs and expenses of such re-letting and of such alteration and repair; and Second, to the payment of rent due and unpaid under this lease; and the residue, if any, shall be held by Lessor and applied in payment of future rent as the same may become due and payable hereunder.

SEVENTY-TWO A: If the nature of Lessee's default (as declared by Lessor under paragraph seventy-two [72] of this Article X of this lease) is such that the cure thereof by Mortgagee requires that Mortgagee gain possession of the leased premises, then if Mortgagee shall have, prior to the expiration of the ninety (90) day grace period provided for in paragraph seventy-two (72) of this Article X of this lease, in good faith instituted proceedings necessary to secure such possession and if Mortgagee proceeds with due diligence to cure the default, Lessor will not terminate this lease provided Mortgagee, for the period from the inception to the cure of such default, pays all rentals and other monetary sums due Lessor under this lease agreement and otherwise per forms all the other obligations required by this lease to be per formed by Lessee.

SEVENTY-TWO B: If the nature of Lessee's default (as declared by Lessor under paragraph seventy-two [72] of this Article X of this lease) is such that the same cannot be cured by Mortgagee, then if Mortgagee, after receiving notice of such

MONDAY, FEBRUARY 28, 1972

2255

default and prior to expiration of the first thirty (30) days of the ninety (90) day grace period provided in paragraph seventytwo (72) of this Article X of this lease, promptly institutes fore closure proceedings to foreclose its Mortgage and proceeds with due diligence to prosecute such foreclosure proceedings to a con clusion, Lessor will not terminate this lease provided Mortgagee, for the period from the inception of such default until such fore closure proceedings are concluded, pays all rentals and other monetary sums due Lessor under this lease agreement and otherwise performs all the other obligations required by this lease to be performed by Lessee.

SEVENTY-TWO C: If this lease is terminated by Lessor because of the occurrence of an event of default specified in Article XII of this lease, Mortgagee, at its option, shall have the right to notify Lessor in writing writen ten (10) days after the date of termination of this lease, that Mortgagee, or any nominee which Mortgagee may designate in such notice to Lessor, elects to lease the premises from the date of termination of this lease agreement for the remainder of the term of this lease agreement, at the same rental and other charges provided for herein, and otherwise upon the same covenants, agreements, provisions, duties, obligations, terms and conditions as are herein set forth, with the same relative priority in time and in right as this lease agreement and having the benefit of and vesting in Mortgagee, or its nominee, of all of the rights, title, interest, and privileges of Lessee hereunder, provided Mortgagee in said notice obligates itself to immediately:

Upon compliance with the foregoing provisions

A. Pay to Lessor all unpaid rental and other monetary sums which are due, or which except for such termination would other wise be due, under this lease agreement up to and including the date of commencement of the term of such new lease agreement; and

B. Pay to Lessor all expenses and reasonable attorney's fees incurred by Lessor in connection, with any such default and with the preparation, execution and delivery of such new lease agree ment.

(A. and B. above) by Mortgagee, Lessor shall thereupon execute and deliver such new lease agreement to Mortgagee or its nominee, having the same relative priority in time and in right (insofar as Lessor is enabled so to do) as this lease agreement and having the benefit of all of the right, title, interest, powers and privileges of Lessee hereunder in and to the premises.

Lessor agrees that during the period following the termination of this lease agreement, until the date of the execution and delivery of the new lease agreement, it will do nothing which will give rise to any liens against the premises, and that it shall have the right, but not the obligation, to operate the premises. If Lessor shall elect to operate the premises then it shall pay over to

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Mortgagee, or its nominee, the net income or rental received by Lessor, if any, derived from the operation of the premises from the date Lessor commenced such operation or the Mortgagee shall pay over to Lessor the net deficit to Lessor from such operation, both determined in accordance with an audit prepared for and certified to Lessor and Mortgagee, or its nominee, by an independent Georgia Registered and licensed certified public accountant ap proved in writing by Lessor. The cost and expense of the said audit shall be borne by Mortgagee.

Lessor shall not be obligated to deliver possession of the premises to either Mortgagee or its nominee. If, however, at the time the new lease agreement is entered into Lessee shall be in possession of the premises, Lessor, at the request, cost and expense of Mortgagee or its nominee as the new lessee, will take all appropriate steps to remove Lessee from the premises, but shall not be liable to such new lessee for any damages resulting from any delay of Lessee in vacating the premises or from any failure to vacate them and there shall be no abatement of rent by reason thereof.

SEVENTY-THREE: Upon the expiration of the term of this lease, or upon the prior termination of this lease from any cause, all rights and interests of the Lessee, and all persons whosoever claiming by, through or under the Lessee, whether by grants, assignment, deed to secure debt, mortgage, deed of trust, sublease, forceclosure proceedings or other conveyance or encumbrance ta the premises, including all engines, machinery, dynamos, generators, boilers, furnaces, elevators, fire escapes, and all lifting, lighting, heating, cooling, refrigerating, airconditioning, ventilating, gas, electric and plumbing apparatus, appliances and fixtures, as well as other fixtures attached to or in the premises, all buildings, other structures, alteration and improvements, shall eo instanti, wholly cease and determine; and the premises, including all engines,, machinery, dynamos, generators, boilers, furnaces, elevators, fire escapes, and all lifting, lighting, heating, cooling, refrigerating, airconditioning, ventilating, gas, electric and plumbing apparatus,, appliances and fixtures, as well as other fixtures attached to or in the premises, all buildings, other structures, alteration and improvements, shall thence forward constitute and belong to and be the absolute property of the Lessor, the Lessor's successors and assigns, without further act or conveyance, and without liability to make compensation to the Lessee or to anyone whatever, and free and discharged from all and every lien, encumbrance, claim and charge of any character created or attempted to be created by the Lessee at any time.

20.
Article XI of the Lease, entitled "Assignment", and consisting of paragraph seventy-four (74), shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new Article XI which shall read in its. entirety as follows:

MONDAY, FEBRUARY 28, 1972

2257

ARTICLE XI

Assignment

SEVENTY-POUR: Lessee shall have the right to assign or transfer this lease, or any interest therein, or any right or privilege appurtenant thereto, provided the written consent of Lessor is first had and obtained. Any assignment or transfer without such consent shall be void, and shall, at the option of Lessor, terminate this lease. Provided, however, that no assignment shall release the Lessee from, or affect any of its obligations, duties and limitations under the terms of this lease. Any assignee or transferee of Lessee's leasehold estate, immediate or remote, shall have like power of assignment and transfer on the same conditions and subject to the same restrictions as those imposed herein on Lessee. For purposes of this paragraph seventy-four (74) of this Article XI of this lease, the making of any Mortgage shall not be deemed to constitute an assignment or transfer of this lease agreement or of the leasehold estate hereby created, nor shall any Mortgagee, as such, under any Mortgage be deemed an assignee or transferee of this lease agreement or of the leasehold estate hereby created so as to require such Mortgagee, as such, to assume the performance of any of the covenants, agreements, duties, obligations, provisions, terms or conditions on the part of Lessee to be performed, observed and kept hereunder, but the purchaser at any sale of this lease agreement and of the leasehold estate hereby created, in any proceedings for the foreclosure of such Mortgage or at any sale under power contained in any such Mortgage, or the assignee or transferee of this lease agreement and of the leasehold estate hereby created, under any instrument of assignment or transfer in lieu of a sale under such power of the foreclosure of any such Mortgage, shall be deemed to be an approved assignee or transferee of this lease agreement and shall be deemed to have assumed with the consent of Lessor the performance of, and compliance with, as the case may be, all of the covenants, agreements, duties, obliga tions, provisions, terms and conditions on the part of Lessee to be performed, observed, kept and complied with hereunder.

21.

Article XII of the Lease, entitled "Appointment Of A Receiver-- General Assignment For The Benefit Of Creditors--Insolvency-- Bankruptcy", and consisting of paragraph seventy-five (75), shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new Article XII which shall read in its entirety as follows:

ARTICLE XII

Appointment Of A Receiver--General Assignment For The Benefit Of Creditors--Insolvency--Bankruptcy

SEVENTY-FIVE: In addition to the happening of any event hereinabove set out which gives the Lessor the right to declare a

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default of this lease, the Lessor upon the happening- of any or all of the following events:

(A) Appointment of a receiver to take possession of all or substantially all of the assets of Lessee; or

(B) A general assignment by Lessee for the benefit of creditors; or
(C) Any action taken or suffered by Lessee under any involvency or bankruptcy act; may forthwith, at its option and without notice to Lessee, declare a default of this lease and elect one of the options provided in paragraph seventy-two (72) of Article X of this lease.

22.
Paragraph seventy-eight (78) of Article XIV of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph seventy-eight (78) which shall read in its entirety as follows:
SEVENTY-EIGHT: Lessee takes the leased premises subject to all zoning regulations and ordinances now or hereafter in force including but not limited to those a's to building line and set-back. Lessee at its own expense may in good faith contest and litigate as to the validity of any ordinance, rule, regulation, resolution or statute of any governmental body affecting the premises or Lessee's use or occupancy thereof if said ordinance, rule, regula tion, resolution or statute is considered by Lessee to be invalid.

23.
Paragraph eighty-seven (87) of Article XIV of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph eighty-seven (87) which shall read in its entirety as follows:
EIGHTY-SEVEN: Lessor and Lessee agree that at any time and from time to time upon not less than ten (10) days prior written request by the other, the Lessor or the Lessee will execute, acknowledge and deliver to the other a statement in writing certify ing (A) that this lease is unmodified and in full force and effect (or if there have been modifications that the same is in full force and effect as modified and identifying the modifications), (B) the date to which the basic rent and other charges have been paid, and (C) that so far as the certifier knows, there is no default under the provisions of this lease. It is intended that any such statement may be relied upon by any person proposing to acquire the Lessor's or the Lessee's interest, as the case may be, in this lease or any prospective Mortgagee or assignee of any Mortgage.

MONDAY, FEBRUARY 28, 1972

2259

24.

Paragraph eighty-eight (88) of Article XIV of the Lease shall be and is hereby stricken and deleted in its entirety and in substitution therefor shall be and is hereby inserted in the Lease a new paragraph eighty-eight (88) which shall read in its entirety as follows:

EIGHTY-EIGHT: In the performance, discharge and fulfill ment of the provisions, covenants, terms, conditions, undertakings, duties and obligations of this lease, and in the granting of any consents provided under this lease, the State Properties Control Commission shall have and is hereby given the authority to act for and on behalf of the Lessor. However, the Lessor reserves the right through appropriate action by the General Assembly of the State of Georgia to appoint such other authority as it may designate to perform such provisions, covenants, terms, conditions, undertakings, duties and obligations and grant such consents.

25.
A new paragraph eighty-nine A (89A) shall be and is hereby inserted in the Lease immediately following paragraph eighty-nine (89) of Article XIV of the Lease and immediately preceding paragraph ninety (90) of the Article XIV of the Lease, which new paragraph eighty-nine A (89A) shall read in its entirety as follows:

EIGHTY-NINE A: If, during the term of this lease, the leased land or the improvements thereon (hereinafter in this paragraph eighty-nine A [89A] collectively referred to as the "property") or any part thereof be condemned and taken by the United States or by any other body having power of eminent domain over the proverty then:

(A) The court in such condemnation proceeding shall, if not prohibited by law, be requested to make separate awards to Lessor and Lessee and Lessor and Lessee agree to request such action bv the court. This paragraph eighty-nine A (89A) of this Article XIV of this lease shall be construed as superseding any statutory provisions now in force or hereafter enacted concerning condemna tion proceedings to the extent permitted by law.

(B) If such court is prohibited by law from making separate awards to Lessor and Lessee or declines to do so, and if all of the property or such portion thereof as makes the residue of the property of substantially no commercial value is so condemned, the award in such condemnation proceeding shall be divided between Lessor and Lessee so that (i) Lessee shall receive that portion of the award which is made for the value of buildings and improve ments on the leased land, and (ii) Lessor shall receive the re mainder of the award; provided, that in determining the value of such buildings and improvements, the obligation of Lessee to pay rent hereunder had there been no condemnation and the fact that such buildings and improvements would belong to Lessor upon the

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expiration of the term of this lease shall be taken into considera tion.

(C) If such court is prohibited by law from making separate awards to Lessor and Lessee or declines to do so, and if the residue of the property after such condemnation is of some commercial value, then the award in such condemnation proceeding shall be divided between Lessor and Lessee so that (i) Lessee shall receive from the award an amount, determined by agreement of the parties, equal to the difference between the value of the buildings and improvements on the leased land immediately prior to such condemnation and the value of the residue of such buildings and improvements after such condemnation, and (ii) Lessor shall receive the remainder of the award; provided; that in determining said difference, the abatement of rentals, if any, otherwise payable by Lessee hereunder, as hereinafter provided, and Lessor's right to any such buildings or improvements so condemned upon the expiration of the term of this lease shall be taken into considera tion.

(D) If all of the property, or such portion thereof as makes the residue of substantially no commercial value, is so condemned, this lease shall automatically terminate on the date the condemnor takes possession of the condemned property. In the event that the residue of the property is of some commercial value, then the percentage which the value of said residue bears to the value of the property immediately prior to such condemnation shall be determined by agreement of the parties, and that percentage of the annual rental otherwise payable under the provisions of Article IV of this lease shall thereafter be payable as the annual rental hereunder, and further, Lessee shall forthwith repair or rebuild the improvements remaining on such residue of the prop erty to the extent that it is economically feasible to do so. Whether or not the repairs or rebuilding to be done by Lessee are economical ly feasible and the extent to which they are economically feasible shall be determined by agreement of the parties.
This paragraph eighty-nine A (89A) of this Article XIV of this lease shall not constitute an acknowledgment or be construed as constituting an acknowledgment by Lessor or Lessee or either or both of them that Lessor's rights as a Sovereign in and to the reversionary fee simple estate in the property are in any manner subject to any power of eminent domain vested in any government or other body.

26.
Except as herein above expressly modified and amended, the Lease and the provisions thereof are hereby ratified and confirmed by the Lessor and the Lessee.

IN WITNESS WHEREOF, His Excellency Jimmy Carter, as Governor of the State of Georgia and Chairman of the State Properties Control Commission, has hereunto affixed his official signature and caused to be affixed the Great Seal of the State of Georgia and the

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2261

Seal of the State Properties Control Commission, in behalf of the Lessor, in duplicate, and the Lessee has caused these presents to be executed and its Corporate Seal hereunto affixed by its proper and duly authorized officers, in duplicate, on the day and year hereinabove written as the date of this Agreement.

As to the signatures of Jimmy Carter, Governor and Chairman of the State Properties Control Commission, and Ben W. Portson, Jr., Secretary of State and Secre tary of the State Properties Con trol Commission:
Signed, sealed and delivered in the presence of:
Unofficial Witness
NOTARY PUBLIC
(NOTARIAL SEAL)
As to the signatures of John C. Portman, Jr., President, and Barrington H. Branch, Secretary: Signed, sealed and delivered in the presence of:

STATE OF GEORGIA ("Lessor")

By:

_

JIMMY CARTER, as Gover

nor and as Chairman of the

State Properties Control Com

mission

Attest : ....------__ .----__________----___ BEN W. FORTSON, JR., as Secretary of State and Secretary of the State Properties Control Com mission

(GREAT SEAL OF THE STATE OF GEORGIA)

(SEAL OF THE STATE PROP ERTIES CONTROL COMMIS SION)

JAMESTOWN SHOPPING CEN TER, INC., a Georgia corporation ("Lessee")

Unofficial Witness NOTARY PUBLIC (NOTRIAL SEAL)

JOHN C. PORTMAN, JR., as President
Attest:--, _ ._--_.------__.----. _ ._--___ BARRINGTON H. BRANCH, as Secretary (CORPORATE SEAL)

PARAGRAPH II
BE IT FURTHER RESOLVED AND ENACTED:
A. That the Governor is hereby authorized and directed to execute, for and in behalf of the State Properties Control Commission and the State of Georgia, an instrument modifying and amending said lease and containing verbatim the language set forth in PARAGRAPH I above;

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B. That the Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolution to the Chairman of the State Properties Control Commission, to the Secretary of State and to Jamestown Shopping Center, Inc.;

C. 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 roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Bell Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bo wen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole

Collins, S. Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy Drury Edwards Egan Evans Ezzard Pelton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Grahl Granade Grantham Greer Griffin Groover Gunter Ham

Harrington Harris Harrison Hawes Hays Hood Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino Lawrey Marcus Mason Matthews, C.

MONDAY, FEBRUARY 28, 1972

2263

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, 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 Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Battle Blackshear Collier Collins, M. Colwell Daugherty Dean, N. Farrar

Gignilliat Hamilton Hill, B. L. Hill, G. Jones, Herb Jordan Keyton King

Larsen, W. W. Levitas Pickard Russell, H. P. Snow Thomason Thompson Mr. Speaker

On the adoption of the Resolution, by substitute, the ayes were 171, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted, by substitute.

HR 777-1843. By Messrs. Smith of the 43rd, Chandler of the 34th and Murphy of the 19th:
A RESOLUTION
Accepting the bid of Southern Railway Company for the lease of certain property (two parcels of land lying and being in Fulton County, Georgia, and now occupied in part by a facility referred to and known as the "Atlanta Track Welding Shop of the Southern Railway Com-

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pany") owned by the State of Georgia, and which said certain property is more particularly described in the copy of the proposed lease at tached to, incorporated in and by reference made a part of this Resolu tion; to provide an effective date; and for other purposes.

WHEREAS, by an Act of the General Assembly of the State of Georgia, entitled "State Properties Control Code", approved February 21, 1964 [Ga. Laws 1964, pp. 146-158 (Chapter 91-1A of the Code of Georgia)], and by the Acts and Resolutions amendatory thereof and supplemental thereto, there was created a commission to be known as the "State Properties Control Commission", hereinafter sometimes re ferred to as the "Commission" which, by the provisions of all of the said Acts and Resolutions, is authorized and empowered to contract for the leasing, and to lease certain property (two parcels of land lying and being in Fulton County, Georgia, and now occupied in part by a facility referred to and known as the "Atlanta Track Welding Shop of the Southern Railway Company") owned by the State of Georgia, herein after called "the property", and which said certain property is more particularly described in the copy of the proposed lease attached to, in corporated in and by reference made a part of this Resolution; and

WHEREAS, the Commission is further authorized and empowered, except as limited by the provisions of the said Acts and Resolutions, to determine all of the provisions, covenants, terms and conditions upon which the property should be leased and is further authorized and em powered to agree upon all the provisions, covenants, terms, conditions and details of a formal lease contract, which, upon being prepared by the Commission, and accepted and executed by the prospective lessee, should be transmitted to either House of the General Assembly if then in regular session and, if not, to the next regular session, for acceptance or rejection by said General Assembly as provided in the State Proper ties Control Code; and

WHEREAS, the Commission, in a regularly assembled meeting, has by its Resolution, agreed to lease all of the right, title and interest which the State of Georgia has in and to the property upon the pro visions, covenants, terms and conditions contained in the proposed lease attached to, incorporated in and by reference made a part of this Reso lution; and

WHEREAS, the Commission did, in accordance with Section 91104A. (b) of the "State Properties Control Code", obtain two written appraisals of the value of the property by two qualified appraisers, both of whom were members of the American Institute of Real Estate Ap praisers; and

WHEREAS, the Commission did determine the proper form of the Advertisement, Invitation For Bids, Instructions To Bidders and com plete forms of both the Bid and Lease of the property after Commission meetings and conferences with, and public hearings attended by repre sentatives of parties who had indicated an interest in leasing the property; and
WHEREAS, formal advertisement for competitive bids pursuant to

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2265

the invitation For Bids was made as required by Section 91-109A. (b) of the "State Properties Control Code"; and

WHEREAS, at the bid opening publicly held on January 20, 1972, only one bid was received, that being from Southern Railway Company; and

WHEREAS, the bid of Southern Railway Company was in the amount of $9,200.00 Base Annual Rental, plus an Additional Annual Rental in an amount equal to the product obtained by multiplying the Base Annual Rental by an escalation factor of one percent (1%) times
the number of years the lease has run through the end of the preceding lease year (Base Annual Rental x percentage x number of expired years Additional Annual Rental); and

WHEREAS, on January 21, 1972, the Commission, after due con sideration and discussion at a public meeting, formally determined
Southern Railway Company to be the highest responsible bidder for the lease of the property; and

WHEREAS, Section 91-109A. subsections (d) and (e) of the "State Properties Control Code" are as follows:

"(d) If the Commission formally determines the highest re sponsible bidder, the Commission shall prepare the instrument of lease in at least four counterparts, which shall be immediately signed by the prospective lessee whose signature shall be witnessed in the manner required for recording. Such signing shall constitute a bid by the prospective lessee and such bid shall not be subject to revocation unless it is rejected by the General Assembly as herein after provided for. A resolution containing an exact copy of the proposed lease, or to which an exact copy of the proposed lease is attached, shall be introduced in either the House of Representatives or the Senate, if then in regular session, or, if not in session at such time, at the next regular session. Such resolution, in order to become effective, shall receive the same number of readings and go through the same procedure as a bill in both the House and the Senate. Such resolution shall be considered by the Committee of the Whole House and by the Committee of the Whole Senate.

(e) If the aforesaid resolution shall be adopted during such regular session by a majority roll call vote of both the Senate and the House of Representatives, the Chairman of the Commission shall forthwith execute such lease for and on behalf of the Commission and thereupon both parties shall be bound by such lease. Such execu tion shall include the attachment to the lease of a certificate of the Secretary of State under seal showing that there has been recorded in his office a counterpart of such lease and any minutes of the Com mission, advertisement, notice, invitation for bids, legislative resolu tion, and any other record concerning such lease"; and

WHEREAS, pursuant to the aforesaid provisions of law, the pros pective lessee has signed the proposed lease in the four counterparts required; and

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WHEREAS, an exact copy of the proposed lease and copies of the Invitation For Bids, Instructions To Bidders, and complete form of the Bid are attached to, incorporated in and by reference made a part of this Resolution; and

WHEREAS, also attached to, incorporated in and by reference made a part of this Resolution is a certified corporate resolution of Southern Railway Company; and

WHEREAS, the General Assembly has carefully considered the bid of the Southern Railway Company and the proposed lease and has de termined that they should be accepted.

NOW, THEREFORE, BE IT RESOLVED BY THE GENERAL ASSEMBLY OF GEORGIA:

Section 1. The bid of Southern Railway Company and the pro posed lease are hereby accepted and the Chairman of the State Proper ties Control Commission, pursuant to the aforesaid provisions of law, is hereby authorized and directed to execute the lease for and on behalf of the State of Georgia and the State Properties Control Commission.

Section 2. The State Treasurer, as Treasurer of the State Proper ties Control Commission, is directed to retain the $2,300.00 Bid Se curity submitted by Southern Railway Company, as required in, and in accordance with, the provisions of the Instructions To Bidders, until Southern Railway Company has deposited with the said Treasurer all of the security required by Paragraph 9. of the proposed lease or until the State Properties Control Commission determines that Southern Rail way Company has declared or demonstrated its intention, before the term of the proposed lease commences, not to be bound by the proposed lease and the State Properties Control Commission therefore declares the Bid Security forfeited to the State of Georgia as fixed and liqui dated damages for such failure and not as a penalty.

Section 3. The Clerk of the House of Representatives is hereby instructed to transmit a copy of this Resolution to the Chairman of the State Properties Control Commission, to the Secretary of State, and to Southern Railway Company.

Section 4. This Resolution shall become effective upon its approval by the Governor or upon its becoming law without his approval.

INVITATION FOR BIDS
Sealed bids will be received by the State Properties Control Com mission in the office of its Secretary, Ben W. Fortson, Jr., Secretary of State, Room 214, State Capitol, Atlanta, Georgia 30334, until 9:55 o'clock A.M., E.S.T. January 20, 1972, to be opened by the Governor as its Chairman or by another officer of the State Properties Control Com mission at 10:00 o'clock A.M., E.S.T., January 20, 1972, in the State Capitol, Atlanta, Georgia, for the leasing of two parcels of land lying and being in Fulton County, Georgia, now occupied in part by a facility referred to and known as the "Atlanta Track Welding Shop of the

MONDAY, FEBRUARY 28, 1972

2267

Southern Railway Company', which certain property is more particular ly described in the form of Lease (hereinafter sometimes called the "Lease") attached to, incorporated in, and by reference made a part of the Instructions to Bidders, which said Instructions to Bidders set forth the terms and conditions of this Invitation.

Copies of said Instructions to Bidders, including the complete form of both the Bid and the Lease, may be obtained on written request from the Secretary of State Properties Control Commission, Ben W. Fortson Jr., Secretary of State Room 214, State Capitol, Atlanta, Georgia 30334.

Bids are invited from responsible parties for the leasing of the said property in accordance with the said Instructions To Bidders and with all the provisions, covenants, terms and conditions contained in the form of Lease attached to, incorporated in, and be reference made a part of the Instructions To Bidders and subject to all applicable pro visions of law, particularly an Act of the General Assembly of the State of Georgia, approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended.

The State Properties Control Commission reserves the right to reject any or all bids and to waive any and all informalities in bidding.

This 20th day of December, 1971.
STATE PROPERTIES CONTROL COMMISSION
/s/ Ben W. Fortson, Jr. Secretary of the State Properties Control Commission and Secretary of State of the State of Georgia

INSTRUCTIONS TO BIDDERS
These Instructions To Bidders set forth the terms and conditions for Bids for the leasing of TWO PARCELS OF LAND LYING AND BEING IN FULTON COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF AND NOW OCCUPIED IN PART BY A FACILITY REFERRED TO AND KNOWN AS THE "ATLANTA TRACK WELDING SHOP OF THE SOUTHERN RAIL WAY COMPANY", (he attached form of Lease hereinafter sometimes called the "lease") is incorporated in, and by reference made a part of these Instructions To Bidders.

The Property To Be Leased
The property to be leased is all of the right, title and interest which the State of Georgia has, (subject to all of the encumbrances generally embodied in the "Lease"), in and to the property more particularly de scribed in Exhibit "A", attached hereto and made a part hereof.

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Form Of Lease

No additions, deletions, changes, substitutions or explanations shall be made by any of the bidding parties to the attached form of Lease, and if made, the same shall not be considered or accepted by the State Properties Control Commission.

Preparation Of Bids
Each bid must give full business address of the bidder and must be made only on the attached Bid form and Exhibit "B" which said Ex hibit "B" is attached to, incorporated in and by reference made a part of the attached Bid form.

In order for a bidding party to submit a responsive bid to the Invi tation For Bids, the bidding party is hereby instructed to execute both the Bid form at the appropriate provided spaces and fill in all of the blanks for amount of Base Annual Rental and amount of escalation fac tor in Exhibit "B", attached thereto.

No addition (except as provided and requested in these Instructions To Bidders and the Bid form), deletions, changes, substitutions or ex planations shall be made by any bidding party to either the attached Bid form or the attached Exhibit "B", and if made, the same shall not be considered or accepted by the State Properties Control Commission as responsive to the Invitation For Bids.

A bid by an individual shall be signed by the bidder with his usual signature.

A bid by a partnership must furnish full names of all partners and if signed with the partnership name, must be personally signed by one of the members of the partnership or by an authorized representative followed by the signature and designation of the person signing. A bid by a partnership including, but not limited to, joint venture partner ships, shall be considered as the bid of a general partnership and not
as the bid of a limited partnership. Each partner shall be fully bound by the bid and the Lease and all of the partners shall be liable both joint ly and severally on both the bid and the Lease.

A bid by a corporation must be signed with the legal name of the corporation (followed in parentheses by the name of the state of in corporation) , followed by the signature and designation of the President or other person duly authorized to execute and bind the corporation in its bid. The execution shall be attested to by the Secretary or other per son duly authorized to attest to contracts of the corporation. A proper corporate resolution authorizing the bid must be attached to the Bid form. The corporate seal of the corporation must also be affixed to the Bid form.

The name of each person signing shall also be typed or printed be low the signature. A bid by a person who affixes to his signature the word "president", "secretary", "agent", "partner" or other designation shall constitute the covenant of such person that he is authorized to

MONDAY, FEBRUARY 28, 1972

2269

sign and submit such bid on behalf of his principal. When requested by the State Properties Control Commission, other satisfactory evidence of the authority of any agent signing in behalf of his principal shall be furnished. A bid by a person who affixes to his signature the word "president", "secretary", "agent", "partner" or other designation, with out disclosing his principal, may, at the option of the State Properties Control Commission be held to be the bid of the individual signing.

The envelope containing the complete bid (Bid form and Exhibit "B") must be securely sealed and marked on the upper left-hand corner with the name and address of the bidder; the bid identification as fol lows: BID FOR TWO PARCELS OF LAND LYING AND BEING IN FULTON COUNTY, GEORGIA, AND NOW OCCUPIED IN PART BY A FACILITY REFERRED TO AND KNOWN AS THE AT LANTA TRACK WELDING SHOP OF THE SOUTHERN RAILWAY COMPANY. NOT TO BE OPENED BEFORE 10:00 A.M., E.S.T., JANUARY 20, 1972; and addressed as follows:

Ben W. Fortson, Jr., Secretary State Properties Control Commission Room 214, State Capitol Atlanta, Georgia 30334

Bid Security
Each bid must be accompanied by a certified or cashier's check drawn on a bank within the State of Georgia, and made payable to the order of the State Properties Control Commission, in the amount of twenty-five (25) per cent of the Base Annual Rental bid. Such checks shall be returned to all unsuccessful bidders within thirty (30) days after the Lease has been executed by the bidder whose bid has been ac cepted by the State Properties Control Commission or after all bids have been rejected by the State Properties Control Commission. How ever, the check of the bidder whose bid has been accepted by the State Properties Control Commission shall be retained by the State Properties Control Commission until he has deposited all of the Security Deposit required by Section Seven of the attached form of Lease.
Liquidated Damages
If the bidder whose bid has been accepted by the State Properties Control Commission fails or refuses to enter into the Lease, pursuant to the requirements of the Instructions To Bidders, within the specified time, or if such bidder, after executing the Lease and before the term of said Lease commences, declares or demonstrates his intention not to be bound by the Lease, then the check deposited as aforesaid and the money standing to the credit of the same shall be forfeited to the State of Georgia as fixed and liquidated damages and not as a penalty, and the State Properties Control Commission shall collect the same for the benefit of the State of Georgia.
Opening Of Bids

Sealed bids for the leasing of the above-described property will

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be received by the State Properties Control Commission in the office of its Secretary, Ben W. Portson, Jr., Secretary of State, Room 214, State Capitol, Atlanta, Georgia 30334, until 9:55 o'clock A.M., E.S.T., January 20, 1972, to be opened by the Governor as its chairman of or by another officer of the State Properties Control Commission at 10:00' o'clock A.M., E.S.T., January 20, 1972, in the State Capitol, Atlanta, Georgia. All such bids will be publicly opened and read aloud for the information of bidders and others properly interested who may be:
present either in person or by representative.

Acceptance of Bid of Highest Responsible Bidder by State Properties Control Commission
The State Properties Control Commission shall formally determine the highest responsible bidder whose bid and check shall have been made and filed in conformity with the Invitation For Bids and these Instructions To Bidders, and the bid of the highest responsible formal bidder therefor as determined by the State Properties Control Commis sion, shall be accepted unless in the judgment of the State Properties Control Commission it shall be in the best interest of the State of Geor gia to reject any or all bids, or to waive any and all informalities in bidding. In either event, the State Properties Control Commission shall proceed accordingly.
For bid purposes ONLY, the highest bid shall be ascertained as follows: The total return in dollars to the State of Georgia for the period of time between December 31, 1972, and December 31, 1994, to be computed in accordance with Paragraph 3 of Article III of the form of Lease which is attached to, incorporated in and by reference made a part hereof. The highest such total shall be the highest bid.
The bidder whose bid is accepted by the State Properties Control Commission must enter into the Lease in the form attached hereto with in ten (10) days from the date of receiving written notice of the ac ceptance of his bid by the State Properties Control Commission. The Lease shall be executed by the Lessee with the same requisites, formality, attestation and acknowledgement as is prescribed and required by the laws of the State of Georgia for the execution and recording of deeds or instruments conveying an interest in real property.
The signing of the Lease shall constitute a bid by the prospective Lessee and shall be subject to approval by Resolution by the General Assembly as is provided by an Act approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. After execution of the Lease by the prospective Lessee, such bid shall thereafter not be subject to revo cation by the prospective Lessee unless the bid is completely rejected by the General Assembly.

Withdrawal Of Bid
A bid may be withdrawn only on the written or telegraphic request of the bidder received by Ben W. Portson, Jr., Secretary, State Proper ties Control Commission, Room 214, State Capitol, Atlanta, Georgia 30334, prior to the time fixed for the opening of bids. Negligence on

MONDAY, FEBRUARY 28, 1972

2271

the part of the bidder in preparing his bid confers no right for the withdrawal of the bid after it has been publicly opened.

This 20th day of December, 1971.

STATE PROPERTIES CONTROL COMMISSION
/s/ Ben W. Fortson, Jr. Secretary of the State Properties Control Commission and Secretary of State of the State of Georgia

TO: The Governor As Chairman, State Properties Control Commission
State Capitol Atlanta, Georgia 30334

BID
The undersigned, as bidder, hereby declares that each party in terested in this Bid as a principal is named herein and that no other party has any interest in this Bid or in the Lease to be entered into; that this Bid is made without connection with any other party making a Bid; and that this Bid is, in all respects, fair and made in good faith and without collusion or fraud.
The undersigned further declares that he has carefully examined and fully understands the attached Invitation for Bids, Instructions To Bidders, the form of Lease, Exhibit "B", and the Act of the General As sembly of the State of Georgia, approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. The undersigned acknowledges that the Lease to be entered into is subject to the approval by Resolution by the General Assembly as is provided by an Act approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), as amended. The attached Invitation For Bids, Instructions To Bidders and the form of Lease are hereby incor porated in and by reference made a part of this Bid. Also attached hereto marked Exhibit "B" and incorporated in and by reference made a made of this Bid is the verbatim language of the attached Lease form regarding rentals.
As heretofore stated in the Preparation of Bids in the Instructions To Bidders, each Bid must give the full business address of the bidder and must be made only on this Bid form and Exhibit "B" which is at tached to, incorporated in and by reference made a part of this Bid form.
As further stated in the Preparation of Bids in the Instructions To Bidders, a bidding party in order to submit a responsive Bid to the In vitation For Bids is instructed to execute both this Bid form at the ap propriate provided spaces and to fill in all of the blanks provided for amount of Base Annual Rental and amount of escalation factor in Exhigit "B", which said Exhibit "B" is attached to, incorporated in and by reference made a part of this Bid form.

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As still further stated in the Preparation Of Bids in the Instruc tions to To Bidders, no additions (except as provided and requested in the Instructions To Bidders and this Bid), deletions, changes, substitu tions or explanations shall be made by any bidder to either this Bid form or the attached Exhibit "B", and if made, the same shall not be considered or accepted by the State Properties Control Commission as responsive to the Invitation For Bids.

The undersigned offers and agrees to contract with the State of Georgia acting through the State Properties Control Commission by entering into a lease identical to the attached form of Lease within ten (10) days from the date of receiving written notice of the State Properties Control Commission's acceptance of this Bid as above pro vided and to fully and faithfully comply with all of the duties and ob ligations of the Lessee contained in such Lease.

Attached hereto is a certified or cashier's check drawn on a bank within the State of Georgia, and made payable to the order of the State Properties Control Commission, in the amount of twenty-five (25) per cent of the Base Annual Rental bid. The undersigned agrees that in case of failure on his part to execute such Lease within ten (10) days from the date of receiving written notice of the acceptance of this Bid as above provided, or if after executing the Lease and before the term of said Lease commences, the undersigned declares or demonstrates his in tention not to be bound by the lease, then such check so deposited as aforesaid and the money standing to the credit of the same shall be for feited to the State of Georgia and paid into the Treasury of the State of Georgia as fixed and liquidated damages for such failure and not as a penalty.

The full name and business address of each party interested in this Bid, as principal, is as follows:
Southern Railway Company, a corporation organized and existing under the laws of the State of Virginia, whose general business office address is Southern Railway Building, 15th and K. Streets, N.W., Wash ington, D. C. 20013.
Signed and sealed this, the 14th day of January, 1972.
SOUTHERN RAILWAY COMPANY (a corporation organized and existing under the laws of the State of Virginia)
/s/ W. Graham Claytor, Jr. As President of Southern Railway Company
Attest:
/s/ M. M. Davenport As Secretary of Southern Railway Company

MONDAY, FEBRUARY 28, 1972

2273

ARTICLE III

Rents--Rental Bond

3. Lessee covenants and agrees that as rent for the said premises Lessee will pay in advance into the treasury of the State of Georgia during each and every year of the full term of this lease, an amount equal to a base annual rental of Nine thousand two hundred and no/100 dollars ($9,200.00) in lawful money of the United States of America. Said base annual rental shall be the full rental due for the first year of this lease term and shall be due and payable on the day of execution of this lease. On or before each anniversary of the day of execution of this lease, Lessee shall pay said base annual rental and shall, along with the said base annual rental, pay on each such anniversary an additional rental in an amount equal to the product obtained by multiplying the said base annual rental by an escalation factor of one percent (1%) times the number of years this lease has run through the end of the preceding lease year. The sum of the base annual rental and the addi tional escalation rental is sometimes hereinafter referred to as the "total rental". If the term of this lease does not commence on the fir^t day of the first calendar month of a calendar year, the total rental provided for herein shall be prorated for the period commencing on the last anniversary of the initial term hereof and ending at 12:00 o'clock midnight on December 31, 1994.

FORM OF LEASE OF TWO PARCELS OF LAND LYING AND BEING IN FULTON COUNTY, GEORGIA, AND BEING MORE PARTICULARLY DESCRIBED HEREIN. NOW OCCUPIED IN PART BY A FACILITY REFERRED TO AND KNOWN AS THE "AT LANTA TRACK WELDING SHOP OF THE SOUTHERN RAILWAY COMPANY."

INDEX
ARTICLE I Grant and Term of Lease Description of Property To Be Leased Premises
ARTICLE II Extension Option
ARTICLE III Rents--Rental Bond
ARTICLE IV Delayed Delivery of Possession By Lessor-- Adjustment of Payment of Rental by Lessee
ARTICLE V Encroachments, Adverse Uses And Occupancies Delay in Delivery of Possession by Lessor Adjustment of Payment of Rental by Lessee
ARTICLE VI Taxes--Special Assessments--Right To Contest

PAGE 2
PAGE 4 PAGE 5 PAGE 9 PAGE 10
PAGE 11

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Taxes, Etc. Receipts--Payments of Utility Bills--And Interest
ARTICLE VII Compliance with Laws and Ordinances Use of Premises--Abandonment of Premises Maintenance and Repair of Premises Indemnification and Save and Hold Harmless Provisions Approval of Plans
ARTICLE VIII Damages to or Destruction of Premises Repair, Restoration or Replacement of Premises Insurance--Indemnification Save and Hold Harmless Provisions
ARTICLE IX Concerning Mortgage of Leasehold
ARTICLE X Default--Termination
ARTICLE XI Assignment
ARTICLE XII Appointment Of a receiver--General Assignment for the Benefit of Creditors-- Insolvency Bankruptcy--Other Statutory Acts For Relief of Debtors
ARTICLE XIII Miscellaneous

PAGE 13
PAGE 19
PAGE 25 PAGE 27 PAGE 29 PAGE 30
PAGE 30

STATE OP GEORGIA, COUNTY OF PULTON:
DUPLICATE ORIGINAL
WHEREAS, by an Act of the General Assembly of the State of Georgia, entitled "State Properties Control Code," approved February 21, 1964 (Ga. Laws 1964, pp. 146-158), and by the Acts and Resolutions amendatory thereof and supplemental thereto, there was created a com mission to be known as the "State Properties Control Commission," (hereinafter referred to as the "Commission") which, by the provisions of all of the said Acts and Resolutions, is authorized and empowered to contract for the leasing of the hereinafter described real property; and
WHEREAS, subject to compliance with the competitive bidding pro cedure provided by the aforesaid Acts and Resolutions and to the limita tions contained therein, the Commission is authorized and empowered to determine all of the provisions, covenants, terms and conditions upon which the said real property should be leased and is further authorized and empowered to agree upon all the provisions, covenants, terms, con ditions and details of a formal lease contract, which upon being pre pared by the Commission, and accepted and executed by the prospective

MONDAY, FEBRUARY 28, 1972

2275

lessee, should be transmitted to each House of the General Assembly if then in regular session and, if not, to the next regular session, for ac ceptance or rejection of said lease by said General Assembly as provided in the State Properties Control Code; and

WHEREAS, it is further provided in said Acts and Resolutions that when said lease shall have been so prepared by the Commission, ac cepted and executed by the prospective lessee, and approved by the Gen eral Assembly, the same shall be executed

SOUTHERN RAILWAY COMPANY

RESOLVED, that the President, or other proper officer of the Com pany duly authorized by him, be and hereby is authorized to sub mit to the State of Georgia a bid on behalf of the Company for a 23 year lease of two parcels of land lying and being in Fulton County, Georgia, now occupied in part by a facility known as the Atlanta Track Welding Shop of the Southern Railway Company, for a term beginning with the execution of the lease and extending through December 31, 1994, such bid to be in an amount and on such terms and conditios as, in the judgment of the President, may be in the best interest of the Company, and to execute all bid forms, bonds or other documents and to take all other steps necessary in connection with the submission of such bid as herein authorized; and the President, or other proper officer of the Company duly au thorized by him, is further authorized hereby, if such bid be ac cepted, to execute all leases, bonds or other documents, and take all other steps necessary to effectuate the lease of the two parcels of land above described.

I, M. M. Davenport, Secretary of Southern Railway Company, hereby certify that the foregoing resolution was unanimously adopted by all the members of the Executive Committee of the Board of Directors of Southern Railway Company effective January 13th, 1972, and I further certify that the action taken by the Executive Committee is within the authority of the Executive Committee under the provisions of the current Articles of Incorporation and By-laws of Southern Railway Company and under the applicable provisions of the laws of the Com
monwealth of Virginia.

/s/ M. M. DAVENPORT Secretary Southern Railway Company

Dated: January 8th, 1972

by the Chairman of the Commission for and on behalf of the Commis sion and the State of Georgia:

NOW, THEREFORE, THIS INDENTURE OF LEASE, entered into by and between the STATE OF GEORGIA, entered into by and between the STATE OF GEORGIA, Party of the First Part (referred to herein as "Lessor"), acting through the State Properties Control Commission, and Southern Railway Company (a corporation organized

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and existing under the laws of the State of Va.), whose business ad dress is Southern Railway Building, 15th and K Streets, N.W., Wash ington, B.C. 20013, Party (Parties) of the Second Part [If More Than One Lessee, Lessees to be Bound and Liable To Lessor Both Jointly and Severally] (referred to herein as "Lessee" and when referred to by pro noun the possessive or singular neuter gender will be used);

WITNESSETH THAT:

ARTICLE I
Grant And Term Of Lease -- Description Of Property To Be Leased --
Premises
1. Lessor, for and in consideration of the premises and of the rents, provisions, covenants, terms and conditions hereinafter set forth, does hereby let, lease and demise unto Lessee and Lessee does hereby take, lease and hire from Lessor, for a term of years commencing from, and immdiately on the day of, execution of this lease by the Chairman of the Commission (hereinafter referred to as the "day of execution of this lease") and expiring at 12:00 o'clock midnight on December 31, 1994, unless this lease shall be sooner terminated as hereinafter provided, all the right, title and interest which the Lessor has in and to those two certain parcels of land situate, lying and being in the 17th District of Fulton County, Georgia, and being more particularly described as fol lows, to wit:

PARCEL NO. 1: Beginning at a point in the Land Lot Line dividing Land Lots 223 and 228, said point being thirty-three (33) feet south along said Land Lot Line from the intersection of the said Land Lot Line from the intersection of the said Land Lot Line with the centerline of the relocated main track of the Western and Atlantic Railroad Company at Valuation Station 274 + 08.9; thence in an easterly direction along a line thirty-three (33) feet southwestwardly from and parallel to the centerline of the said relocated main track, a distance of nine hundred sixty-one (961) feet, more or less, to a point at right angles opposite valuation Station 264 + 38.7; thence S 2 17' E a distance of one hundred forty-seven and seven tenths (147.7) feet to a point; thence 88 49" W a distance of nine hundred fifty-seven (957) feet, more or less, to a point in the said and Lot Line; thence in a northerly direction along said Land Lot Line a distance of one hundred ninety-eight (198) feet to the point of beginning, containing 4.40 acres, more or less.

PARCEL NO. 2: Beginning at a point in the Land Lot Line di viding Land Lots 223 and 28, said point being thirty-three (33) feet south along said Land Lot Line from the intersection of the said Land Lot Line with the centerline of the relocated main track of the Western and Atlantic Railroad Company at Valuation Station 274 + 08.9; thence south along said Land Lot Line a distance of six teen and five tenths (16.5) feet to a point; thence in a westerly di rection along a line curving to the right, said line being the south erly boundary of the Western and Atlantic Railroad Company's

MONDAY, FEBRUARY 28, 1972

2277

original right-of-way, a distance of five hundred sixty-seven and one tenth (567.1) feet to a point; thence N 43 10' W a distance of six hundred thirty-two and two tenths (632.2) feet to a point thirty-three (33) feet southwestwardly from and at right angles to a point in the centerline of said main tract at Valuation Station 285 + 06.3; thence in a southeasterly direction along a line thirtythree (33) feet southwestwardly from and parallel to the centerline of said main track a distance of one thousand one hundred twentyfour and seven tenths (1,124.7) feet to the point of beginning, con taining 1.48 acres, more or less.

This grant is subject to all prior permits, rental agreements, licens ing, easements, agreements, leases, restrictions, prior grants or other interest, affecting the properties hereabove described whether the same be of record or not.

However, if prior to the delivery of possession of said real prop erty, any improvement which may be located on said property en the day of execution of this lease shall be damaged, removed, altered or de stroyed, in whole or in part, whether insured or not, this lease shall not
be void or voidable by Lessee nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom. The duties and obligations of the Lessor and the Lessee hereunder, shall not be affected, modified or changed thereby.

The above-described real property is hereinafter referred to and shall be known in this lease as the "premises."

TO HAVE AND TO HOLD the premises unto Lessee for the full term of this lease in accordance with and in compliance with all of the provisions, covenants, terms and conditions of this lease.

ARTICLE II
Extension Option
2. For the considerations herein named, Lessor gives and grants to Lessee the exclusive option and privilege of extending the term of this lease for twenty-five years beginning at the expiration of the initial term hereof, provided Lessee shall give notice to Lessor of Lessee's ex ercise of such option at any time prior to November 1, 1992. Upon the giving of such notice, this lease shall be extended, and shall continue in full force and effect, with all of the agreements, obligations, conditions, and covenants herein set forth, for and during said extended term of of years; and the execution by the parties of a new lease or an instru ment of any kind, extending the term of this lease in accordance with such notice shall not be required, it being nevertheless understood that in the event Lessee exercises the extension option granted in this para graph 2, the rental during said twenty-five year extended term shall be fixed and determined as provided for in paragraph 5 of ARTICLE III of this lease. Provided, however, that the option granted by Lessor to Lessee to extend the term of this lease may be exercised only in the event that the State of Georgia shall exercise the option contained in paragraph SEVENTEEN of a certain lease by and between the Louis-

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ville and Nashville Railroad Company and the State of Georgia acting through the State Properties Control Commission (the published form of said lease may be found in Ga. Laws of 1968, pp. 57-112) and require the Louisville and Nashville Railroad Company to lease the Western and Atlantic Railroad properties under the same terms and conditions con tained in that lease for an additional 25-year period.

ARTICLE III

Rents--Rental Bond

3. Lessee covenants and agrees that as rent for the said premises

Lessee will pay in advance into the treasury of the State of Georgia

during each and every year of the full term of this lease, an amount

equal to a base annual rental of Nine Thousand Two Hundred and

no/100 _..-.-______.___.___,,_____ dollars ($9,200.00) in lawful money of the

United States of America. Said base annual rental shall be the full

rental due for the first year of this lease term and shall be due and

payable on the day of execution of this lease. On or before each anniver

sary of the day of execution of this lease, Lessee shall pay said base

annual rental and shall, along with the said base annual rental, pay on

each such anniversary an additional rental in an amount equal to the

product obtained by multiplying the said base annual rental by an es

calation factor of one percent (1%) times the number of years this

lease has run through the end of the preceding lease year. The sum of

the base annual rental and the additional escalation rental is sometimes

hereinafter referred to as the "total rental". If the term of this lease

does not commence on the first day of the first calendar month of a

i

calendar year, the total rental provided for herein shall be prorated for

the period commencing on the last anniversary of the initial term hereof

and ending at 12:00 o'clock midnight on December 31, 1994.

4. Subject to the provision that the base annual rental shall in no instance ever be reduced to an amount lower than that specified in paragraph 3 of this ARTICLE III, the said base annual rental shall be subject to adjustment during the term of this lease in the manner set forth in the succeeding paragraphs of this ARTICLE III.

5. In the event this lease is extended under the provisions of para graph 2 hereof; six months before the expiration of the initial term of this lease, Lessor and the Lessee shall determine a new base annual rental which shall be the base annual rental (if higher than the base annual rental set forth in paragraph 3 of this ARTICLE III) for the first year of the extended term. For the ensuing twenty-four years of the extended term, the new base annual rental payable by Lessee shall be subject to escalation in the same manner and by the same percentage factor as set forth in paragraph 3 of this ARTICLE III.

6. The said new base annual rental shall be determined by comput ing the average of three appraisals of the then fair rental value of the premises. Lessor and Lessee shall each select and appoint one appraiser (Lessee shall select and appoint its appraiser within seven days after Lessor selects and appoints its apraiser) and the two appraisers so ap pointed shall mutually select and appoint a third appraiser. If Lessor's

MONDAY, FEBRUARY 28, 1972

2279

and Lessee's appraiser cannot agree upon the selection and appointment of a third apraiser within 30 days after the selection and appointment of Lessor's appraiser, Lessor shall apply to and request a judge of the Su perior Court of Fulton County, Georgia, to select and appoint a third appraiser. Lessor and Lessee covenant and agree that the selection and; appointment of the third appraiser by such judge shall be binding on both Lessor and Lessee. Lessor and Lessee shall each pay the cost of the services and expenses of their appraiser and one-half of the cost of the services and expenses of the third appraiser. The said appraisals shall be made no earlier than nine months prior to the expiration of the initial term hereof and each appraiser shall be a member of a nationally recognized appraisal agency or institute. The said appraisal agency or institute must be satisfactory to and approved by Lessor.

7. Payment of all rental and all other sums due to Lessor under this lease shall be made payable to the "STATE OF GEORGIA" and delivered to the State Treasurer of Georgia or his successor.

8. In the event the Lessee shall fail or refuse to pay the aforesaid rental to the Treasurer of the STATE OF GEORGIA within five days after the time named herein for the payment of such rental, Lessor, upon giving ten days notice thereof to Lessee, may collect out of the rental payment security on deposit with Lessor the amount of such un paid rental as fixed and liquidated damages and not as a penalty. If at
any time Lessee shall be in arrears in an amount as much as one year's rental, Lessor may declare a default, and, at its option, elect to follow one of the options provided in paragraph 56 of this lease.

9. Lessee further agrees to deposit with, prior to the day of execu tion of this lease, and to thereafter maintain with, the Treasurer of the State of Georgia or his successor as rental payment security:

(1) A surety bond issued by a responsible insurance company legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, in an amount equal to two times the then current base annual rental as determined in this ARTICLE III of this lease; or,

(2) Recognized valid bonds of the United States Government having a then aggregate par value equal to two times the then current base annual rental as determined in this ARTICLE III of this lease; or,
(3) Such other security as may be acceptable to the Lessor having a value equal to two times the then current base annual rental as determined in this ARTICLE III of this lease.
If at any time after the day of execution of this lease, Lessor shall determine that the security so deposited and maintained is inadequate, Lessee shall, within thirty days following notice by the Lessor of such inadequacy, make good said deficiency by the deposit of other or addi tional bonds or such other security as the Lessor may reasonably require.
10. Lessee, in good faith, and after the initial deposit, shall have

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the privilege of changing and interchanging such deposited security from time to time upon the aproval of the Lessor.

11. Lessee, having fully complied with paragraph 9 shall have the right to any and all interest that may accumulate on any security other than cash so deposited.

12. If upon the termination of this lease, Lessee shall have well and truly performed the undertakings, duties and obligations of this lease, any security on deposit with Lessor pursuant to paragraph 9 shall be returned to Lessee.

ARTICLE IV
Delayed Delivery Of Possession By Lessor-- Adjustment Of Payment Of Rental By Lessee
13. The right is hereby expressly reserved to Lessor to delay deliv ery of possession of said premises to Lessee after the day of execution of this lease until any tenant in possession can be removed.
14. The exercise by Lessor of the right to delay delivery of posses sion of the said premises as set forth in paragraph 13 of this ARTICLE IV shall not make this lease void or voidable by Lessee, or shall Lessor be liable to Lessee for any loss or damage resulting therefrom nor shall the duties and obligations of the Lessee be affected, modified or changed thereby; but in the event that Lessor shall delay delivery of possession of the said premises as set forth in paragraph 13 of this ARTICLE IV, Lessee shall be required to pay, in lieu of the base annual rental and the additional rental as set forth in paragraph 3 of ARTICLE III of this lease, a rental during the period between the day of execution of this lease and the time when Lessor delivers possession equal to 10% of the base annual rental. Provided, however, that the full amount of the total rental as provided in paragraph 3 of ARTICLE III in this lease shall be due on the day on which possession is delivered as a condi tion precedent to the delivery by the Lessor to the Lessee of possession of the said premises. Lessee shall receive rental credit on the full amount of the total rental so due for any amount previously paid by Lessee in that year.
Provided further that Lessee expressly agrees to accept delivery of possession of the said premises when such delivery of possession is ten dered by Lessor.

ARTICLE V
Encroachments, Adverse Uses And Occupancies--Delay in Delivery Of Possession By Lessor--Adjustment Of Payment Of Rental By Lessee
15. The right is hereby expressly reserved to Lessor to remove and cause to be discontinued any or all encroachment and other adverse uses and occupancies in, to, and upon the premises, or any part thereof. To this end, Lessee hereby consents that in addition to the right of Lessor

MONDAY, FEBRUARY 28, 1972

2281

to delay delivery of possession of the premises set forth in paragraph 13 of ARTICLE IV of this lease, Lessor may delay delivery of possession to Lessee of the premises until such encroachments and other adverse uses and occupancies shall have been removed or discontinued. Lessor shall undertake to remove and cause the discontinuance of such en croachments, adverse uses and occupancies, acting therein in its own name and behalf as the owner of the premises; however, Lessee will, if and when so requested by Lessor, join with Lessor and become a party to any proceeding, judicial or otherwise, instituted for the purpose of freeing the premises from said encroachments, adverse uses and occu pancies.

16. If due solely to any such encroachments, adverse uses and oc cupancies, Lessor cannot deliver possession of the premises to Lessee on the day of execution of this lease, this lease shall not be void or voidable by the Lessee nor shall Lessor be liable to Lessee for any loss or damage resulting therefrom nor shall the duties and obligations of the Lessee be affected, modified or changed thereby. However, in the event that Lessor shall delay delivery of possession of the said premises as set forth in paragraph 15 of ARTICLE V of this Lease, the adjusted rental pro vided for in paragraph 14 of ARTICLE IV of this lease shall be in effect.

17. In the event the last sentence of paragraph 16 of this ARTICLE V becomes applicable, the full amount of the total rental as provided in paragraph 3 of ARTICLE III in this Lease shall be due on the day on which possession is delivered as a condition precedent to the delivery by the Lessor to the Lessee of possession of the said premises. Lessee shall receive rental credit on the full amount of the total rental so due for any amount previously paid by Lessee in that year.

Provided further that Lessee expressly agrees to accept delivery of possession of said premises when such delivery of possession is tendered by Lessor.

ARTICLE VI
Taxes--Special Assessments--Right To Contest Taxes, Etc.--Receipts-- Payment Of Utility Bills--And Interest
18. It is hereby determined and declared by Lessor and Lessee, that nothing contained in this lease is intended to exempt from ad valorem taxes or subject to ad valorem taxes the interest or estate of Lessee cre ated by this Lease.
19. Lessee shall bear and pay to the public officer charged with the collection thereof, before the time shall become delinquent, and shall indemnify, save and hold harmless Lessor from the payment of, any and all taxes, assessments, license fees, excises, imposts, fees and charges of every sort, nature and kind, which during the full term of this lease are or might be levied, assessed, charged or imposed upon or against

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the premises and any and all improvements which are constructed and located thereon during the term of this lease.
20. If the imposition of any tax, assessment, license fee, excise, im post, fee or charge shall be deemed by Lessee to be improper, illegal or excessive, Lessee may, at its sole cost and expense and in its own name, dispute and contest the same and, in such case, such item need not be paid until adjudged to be valid. Provided, however, that Lessee shall first notify Lessor of such contest and shall furnish to Lessor, if re quested by Lessor, reasonable security for the payment of such item so contested. Unless so contested by Lessee, all such taxes, assessments, li cense fees, excises, imposts, fees and charges shall be paid by Lessee within the time provided by law, and if contested, any such tax, assess ment, license fee, excise, impost, fee or charge shall be paid before the issuance of an execution on the final judgment.
21. After all payments are made by Lessee pursuant to and in con formity with paragraph 19 and 20 of this ARTICLE VI, Lessee shall at once furnish to Lessor duplicate receipts or other satisfactory evidence of such payment.
22. Lessee is to be responsible for and shall pay for all water, sani tation (sewer, garbage pick-up, or other waste disposal service), gas, heat, light, power, steam and telephone services and for all other serv ices supplied to the premises.
23. If Lessee fails to procure insurance, as hereinafter provided, or fails to pay any taxes, assessments, license fees, excises, imposts, fees, charges, or premiums of insurance, or fails in the payment of any and all amounts herein provided to be paid by Lessee, or fails in the per formance of any of the covenants, undertakings, duties or obligations of Lessee under this lease, Lessor may, at Lessor's option, after ten days prior notice to Lessee, and on behalf of Lessee, procure any such insur ance, and make any such payment or payments as may be necessary.
24. Any amounts paid or expended by Lessor under the provision of paragraph 23 of this ARTICLE VI shall be reimbursed and paid to Lessor by Lessee on demand.
25. Any amounts payable under this lease by Lessee to Lessor and not paid when due shall bear interest until paid at the rate of nine per cent per annum. If it becomes necessary for Lessor to bring suit for col lection of, or collect through an attorney at law, any amounts herein stipulated to be paid, Lessee agrees to pay any and all such expenses and costs as Lessor may incur in so doing, including reasonable attorney fees.
ARTICLE VII

Compliance With Laws And Ordinances-- Use Of Premises--Abandonment Of Premises--
Maintenance And Repair Of Premises-- Indemnification And Save And Hold Harmless
Provisions--Approval Of Plans
26. At all times, Lessee shall conform to, obey and comply with all

MONDAY, FEBRUARY 28, 1972

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present and future laws and ordinances, and all lawful requirements, rules, and regulations of all legally constituted authorities, existing at the commencement of the term of this lease or at any time during the continuance of this lease, which in any way affect the premises or the use of the premises, or any construction, repair, replacement, demolition, renovation, restoration or excavation done on or to the premises, or in any way affecting this lease. The right to contest the validity thereof in good faith, at its sole cost and expense and in its own name, is hereby reserved to the Lessee provided Lessee shall first give Lessor notice of such contest.

27. Lessee accepts the premises as defined in ARTICLE I of this lease as suited for the use intended by Lessee. Lessor shall not be re quired, during the term of this lease, to make any repairs or alteration to the premises or in any manner to supply maintenance for the prem ises or any improvements which may be located thereon.

28. While any construction is being done on the premises, Lessee shall protect all adjacent property, and in addition, Lessee agrees that in any contracts it shall make with any contractor or contractors who
may perform work on or about the premises that could create hazards, it will require such contractor or contractors to obtain and keep in force at the contractor's expense at all times during the performance of such work a policy of Contractor's Public Liability and Property Dam age Liability Insurance covering the operations performed by the Con tractor, such policy to have limits of not less than $250,000 for all dam
age arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total of $500,000 for all damages arising out of bodily injuries to or death of two or more persons in any one accident, and limits of not less than $100,000 for all damage arising out of damage to or destruction of property in any one accident, with an aggregate limit of $250,000 for all damages arising out of damage to or destruction of property during the policy period. If any portion of such
work is to be performed by other than a prime contractor or contractors, similar insurance having similar limits shall be provided by or on behalf of each subcontractor to cover the operations of each.

The policy limits provided for above shall be applicable commencing with the year 1972. If at the time work is done by any contractor the value of the dollar has declined appreciably below its purchasing power as of January 1, 1972, the limits of all insurance called for hereunder shall be increased in approximate proportion to the decline in dollar value.
Lessee, prior to commencing any construction, shall deliver to Lessor, for Lessor's approval, preliminary architect's drawings, specifi cations and cost estimates of the said construction. After Lessors' ap proval has been obtained but prior to Lessee's commencing any con struction, Lessee shall either: (1) Deliver to Lessor a bond having a good and solvent corporate surety acceptable to Lessor, guaranteeing to Lessor the completion of the proposed work in accordance with the drawings, specifications and cost estimates approved by Lessor, and the due payment for all labor and materials incorporated in such work and all fees and other expenses incurred in connection therewith; or (2) De-

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liver other assurances satisfactory and acceptable to Lessor for comple tion of such work and the due payments of the full cost thereof.
Lessee covenants and agrees that the said construction shall be constructed and maintained in compliance with the laws of the State of Georgia and all applicable fire, building, environmental protection, and health ordinances, rules and regulations, and shall be built under the inspection and subject to the lawful requirements of any office or officer authorized by law to inspect or make rules and regulations covering the construction and inspection of improvements.
29. Lessee covenants and agrees to pay, currently as they become due and payable, all bills for labor, materials, insurances, and bonds, and for all architects', engineers', contractors', and subcontractors' fees, and for all other expenses and costs incident to any construction. Pro vided, however, that Lessee may, in good faith, at its sole cost and ex pense and in its own name, dispute and contest the same, and in such case, such item need not be paid until adjudged to be valid. Provided, further, that Lessee shall first notify Lessor of such contest and shall furnish to Lessor, if requested by Lessor, security, adequate in the judgment of Lessor, for the payment of such item so contested. Unless so contested by Lessee, all such items shall be paid by Lessee within the time provided by law, and if contested, any such item shall be paid be fore the issuance of an execution on the final judgment.

30. Any improvement placed on the premises shall be constructed and completed free of all liens and claims of all architects, engineers, contractors, subcontractors, mechanics, laborers and materialmen, or any other person whomsoever, except mortgage liens on Lessee's interest hereunder as hereinafter expressly permitted. Lessee may, in good faith, at its sole cost and expense and in its own name, dispute and contest any such lien or claim, and in such case, the amount of such lien or claim need not be paid until the lien or claim is adjudged to be valid. Provided, however, that Lessee shall first notify Lessor of such contest and shall furnish to Lessor, if requested by Lessor, security, adequate in the judgment of Lessor, for the payment of such lien or claim so disputed or contested. Unless so disputed or contested by Lessee, all such lien or claim amounts shall be paid by Lessee before the said lien or claim is foreclosed, and if disputed or contested, any such lien or claim amount shall be paid by Lessee before the issuance of an execution on the final judgment of a foreclosure. Lessee's rights, as well as the rights of any one else including, but not limited to, any mortgagee or other lien or claim holder, shall always be and remain subordinate, inferior, and jun ior to Lessor's title, interest and reversionary estate in the premises.

31. Any improvement placed on the premises shall become a part of the premises and the legal title to the same shall vest in the Lessor at the termination of this lease, except that trade fixtures installed solely for the business purposes of the Lessee or by Southern Railway Com pany, as the prior party in possession of the premises, which can be re
moved without damage to the premises, shall not be considered an im provement for the purposes of this lease, and if Southern Railway Com pany is not the successful lessee hereunder, Southern Railway Company shall have a period of six months from January 21, 1972 to remove such trade fixtures, provided, however, Southern Railway Company will pay

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the successful lessee the rental accruing during the period that Southern Railway Company has possession pursuant to this article.

32. Lessee shall not vacate or abandon the premises at any time during the term of this lease; and if Lessee does abandon, vacate or sur
render said premises, or is dispossessed by process of law, or otherwise, any personal property or trade fixtures belonging to Lessee and left on the premises shall, at the option of Lessor, be deemed to be abandoned.

33. The voluntary, involuntary, or other surrender of this lease by Lessee, or a mutual cancellation thereof, shall, at the option of the Lessor, terminate any and all existing subleases or subtenancies, or may, at the option of Lessor, operate as an assignment to Lessor of any or all such subleases or subtenancies.

Provided, however, Lessor agrees that, at the request of Lessee, it will consider the approval of such subleases or subtenancies as may be submitted by Lessee. If Lessor, in its sole discretion approves a sublease or subtenancy, then that sublease or subtenancy shall not terminate upon the voluntary, involuntary, or other surrender of this lease by Lessee, or a mutual cancellation thereof, but shall continue for a term of years equal to the then expired term of years of the sublease or sub tenancy on the same terms, covenants, and conditions as those con tained in said sublease or subtenancy except as to those terms, covenants and conditions as may be rejected or added by the Lessor in Lessor's ap proval of such sublease or subtenancy.

34. Lessee shall, at all times during the term of this lease, totally at Lessee's own expense, keep and maintain the premises, and appurte nances and every part thereof, and any and all other improvements that may thereafter be constructed, located on, in, and made a part of the premises, in good and sanitary order, condition and repair.

In the event, at any time during the term of this lease, any demoli tion, renovation, repair, replacement or other work of any nature, structural or otherwise, shall be required or ordered or becomes neces sary on account of any governmental regulation now in effect or here after adopted, or on account of any other reason with respect to the premises or with respect to any and all improvements that may be con structed, located on, in and made a part of the premises, the entire cost and expense thereof regardless of when the same shall be incurred or be come due, shall be the liability of Lessee and, in no event, shall the Lessor be called upon to contribute thereto or do or pay for any work performed, materials furnished, or obligations incurred by Lessee.

35. Lessee will indemnify Lessor against, and save and hold Lessor harmless from, any damage, injury or death to any person or property caused by the failure of Lessee to keep the premises in good and sani tary order, condition and repair, as herein provided.

36. Lessee, as a material part of the consideration to be rendered to Lessor, agrees to be responsible for, to indemnify the Lessor against, and to save and hold the Lessor harmless from, any and all liabilities, damages, claims, or demands arising out of any accident or occurrence

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causing damage, injury or death to any and all persons or properties in, upon or about the premises.

37. Lessor agrees, at the termination of this lease, to surrender unto Lessor, the premises with the then existing improvements constructed and located thereon and therein. Lessee shall have the right to remove trade fixtures prior to the expiration of this lease.

ARTICLE VIII

Damages To Or Destruction Of Premises-- Repair, Restoration Or Replacement Of Premises--
Insurance--Indemnification Save And Hold Harmless Provisions

38. At all times during the term of this lease following delivery of possession of the premises, including the period of any construction, demolition, renovation, repair, restoration, replacement, or reconstruc tion on the premises, Lessee shall have all improvements located on the premises insured against any loss or damage caused by fire, lighting, windstorm, hurricane, tornado, cyclone, hail, explosion, riot, civil com motion, aircraft, smoke, land vehicles, boiler explosion, or any other type or kind of catastrophe which can be insured against, with a responsible insurance company, legally licensed and authorized to transact business in the State of Georgia and maintaining an office or agency in the City of Atlanta, Georgia, said insurance to be in the amount of the full insurable replacement value [One Hundred (100%) percent] of said im provements.
39. The contracts of insurance shall contain a standard loss payable clause. The contracts of insurance may be endorsed to name in the standard loss payable clause any mortgagee of Lessee's interest in the premises as the said mortgagee's interest may appear, provided that:

(1) The said mortgagee complies with the terms and conditions contained in paragraph 53 of ATICLE IX of this lease; and

(2) The mortgagee gives in writing to Lessor assurance that the proceeds of all insurance shall be utilized in the repair, recon struction, restoration, or replacement of improvements on the prem ises and for no other purpose whatsoever.

The said policies shall provide that the same shall be invalidated or cancellable until after a thirty day written notice has been given to Lessor.

40. Lessee agrees and covenants that it will not do or permit to be done in, to, or about the said premises, any act or thing which will in
validate any insurance pertaining to any improvements hereafter con structed and located thereon; and further, Lessee will not permit any improvements at any time to be put, kept or maintained on said prem ises in such condition that the same cannot be insurable in the amount of the full insurable replacement value [One Hundred (100%) per cent] .

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41. Should, during the term of this lease following delivery of pos session of the premises, any improvements hereinafter constructed and located on the premises, be damaged or destroyed by fire or any other casualty whatsoever, Lessee, except as provided hereinbelow in this paragraph, shall promptly commence the work of repair, reconstruc tion, restoration, or replacement, and shall prosecute the same with all reasonable dispatch, so that within two years from the date of such dam age or destruction or by the end of the lease term, whichever is earlier, such improvements will have been repaired, restored or replaced. It be ing clearly understood and agreed upon by and between the parties that damage to or destruction of any improvements on the premises, at any time, by fire or any other casualty whatsoever, shall not work a termina tion of this lease or authorize the Lessee or those claiming by, through or under it, to quit or surrender possession of the said premises or any part thereof, and shall not release the Lessee in any way from its liabil ity to pay the Lessor the rent hereinbefore provided for, or from any of the provisions, covenants, terms, and conditions of this lease. Provided, however, if any improvements hereafter constructed and located on the premises, be damaged or destroyed within the last five years of the term of this lease, Lessee shall be relieved of any obligation to repair, recon struct, restore, or replace the said damaged or destroyed improve ments upon payment by Lessee to Lessor, in a single total payment, of:

(1) The full insurable replacement value [One Hundred (100%) percent] of said damaged or destroyed improvements, and

(2) The total rental for the remainder of the unexpired term of this lease.

Such a release of Lessee from Lessee's obligation to repair, reconstruct, restore, or replace the said damaged or destroyed improvements shall be conditioned, in addition to the payment by Lessee of the sums herein enumerated, upon clearing by Lessee (totally at Lessee's own expense and without cost to Lessor) of the leased premises of any debris or re mains of the said damaged or destroyed improvements and upon delivery by Lessee to Lessor of an instrument releasing, demising, conveying, and transferring to Lessor all of Lessee's right, title and interests in and to the premises.

42. If the said repair, restoration, replacement is not substantially completed (ready and available for immediate 75% occupancy) within said two years from the date of such damage or destruction, Lessee hereby agrees to pay to Lessor as fixed and liquidated damages and not as a penalty, the sum of One Hundred Dollars ($100.00) per day until the said repair, restoration or replacement is substantially complete or until the end of the term of this lease, whichever is earlier.

43. Lessee, prior to commencing repair, reconstruction, restoration or replacement shall deliver to Lessor, for Lessor's approval, preliminary architect's drawings, specifications and cost estimates of the said re pair, reconstruction, restoration or replacement. Lessee will execute the said repair, reconstruction, restoration or replacement with appurtenant water, sewer, gas and electric wire connections, in accordance with the plans and specifications so submitted to and approved by Lessor.

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After Lessor's approval has been obtained but prior to Lessee's commencing such repair, reconstruction, restoration or replacement, Lessee shall either:
(1) Deliver to Lessor a bond having a good and solvent corporate surety acceptable to Lessor, guaranteeing to Lessor the completion of the proposed work in accordance with the drawings, specifica tions and cost estimates approved by Lessor, and the due payment for all labor and materials incorporated in such work and all fees and other expenses incurred in connection therewith; or

(2) Deliver other assurances satisfactory and acceptable to Lessor for completion of such work and the due payment of the full cost thereof.

44. Lessee further agrees to pay or cause to be paid all expenses in connection with said repair, reconstruction, restoration and replacement so that the premises and improvements shall be free and clear from all liens and claims for labor, materials, fees or other expenses.

45. At all times during any construction, repair, demolition, renova tion, reconstruction, restoration, or replacement of any improvements, Lessee agrees, at its own cost and expense, to obtain and maintain workmen's compensation insurance in an amount necessary to protect Lessor and Lessee from all liabilities, damages, claims or demands aris ing out of any accident or occurrence causing injury to any person.

46. The proceeds of all insurance shall be utilized in the repair, reconstruction, restoration, or replacement of improvements, and for no other purpose whatsoever unless Lessee shall be relieved of Lessee's obli gation to so repair, reconstruct, restore, or replace improvements pursurant to paragraph 41. However, all sums necessary to effect such re pair, reconstruction, restoration, or replacement, over and above the amount available from said insurance moneys, shall be at the sole cost and expense of the Lessee.
47. In the event of the termination of this lease before the expendi ture of the full amount of such insurance fund in the repair, recon struction, restoration, or replacement of improvements, any unexpended balance remaining therein, including any interest previously earned by such balance, shall inure to and become the sole property of the Lessor.
48. In connection with the demolition of any improvements on the premises or in connection with any land excavation, construction, repair, reconstruction, restoration, or replacement of any improvements on the premises, Lessee agrees to be responsible for, to indemnify the Lessor against, and to save and hold the Lessor harmless from any and all lia bilities, damages, claims or demands arising out of any accident or oc currence causing injury to any person whomsoever or damages to any property whatsoever.
49. Lessee agrees, at its own cost and expense, to obtain and main tain public liability insurance at all times during the term of this lease with a responsible insurance company, legally licensed and authorized to transact business in the State of Georgia, and maintaining an office

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2289

or agency in the City of Atlanta, Georgia, with single limits for each event of not less than Five Hundred Thousand Dollars ($500,000) for damages to persons and property. The said public liability insurance shall insure lessor and lessee against any liability, damage, claim or demand in any way arising out of or in connection with the condition or use of the premises.

50. Insurance policies and all endorsements thereto, including all insurance required to be carried by Lessee in accordance with this lease, or, at the option of Lessee, certificates showing that such insurance is in force and non-cancellable without at least thirty days prior written notice to Lessor shall be delivered to Lessor.

51. Lessee shall at once furnish to Lessor duplicate receipts or satis factory evidence of the payment of all premiums on any and all insur ance required to be carried by Lessee in accordance with this lease.

ARTICLE IX
Concerning Mortgage Of The Leasehold
52. Whenever the Lessee is not in arrears in the payment of rent, nor in default in the performance or observance of any of the provisions, covenants, terms and conditions of this lease, Lessee shall have the right to encumber by deed to secure debt, mortgage, deed of trust, or other instrument in the nature thereof as security for any debt, all of Lessee's rights and interests in the said premises including, but without limiting the generality of the foregoing, Lessee's rights and interests in and to any improvements now or hereafter placed on the premises by the Lessee. In all respects, however, the said deed to secure debt, mortgage, deed of trust, or other instrument in the nature thereof as security for any debt, shall be subordinate, inferior and junior to Lessor's rights, title, privileges, liens and interests. Lessee shall not have the right to in any way burden or encumber Lessor's title and reversionary interest in and to the premises.
53. If, at any time after the execution and recording in the Office of the Clerk of the Superior Court of Fulton County, Georgia, of any such deed to secure debt, mortgage, deed of trust, or other instrument in the nature thereof encumbering Lessee's rights and interests in the said premises hereunder, the grantee, mortgagee, or trustee therein shall notify the Lessor that any such deed to secure debt, mortgage, deed of trust or other instrument in the nature thereof has been given and executed by the Lessee and shall at the same time furnish the Lessor with the address to which it desires copies of all notices to be mailed, Lessor hereby agrees that it will mail to such person at the ad dress so given, duplicate copies of any and all suits filed by Lessor against Lessee and duplicate copies of any and all written notices which the Lessor may, from time to time, give or serve upon the Lessee under the provisions, covenants, terms and conditions of this lease.
54. To the extent that Lessee may grant the right to any such grantee, mortgagee, or trustee, such grantee, mortgagee or trustee may, at its option, at any time before Lessor elects one of the options in para-

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graph 56 of this lease, pay any amount or do any act or thing required of Lessee by the terms of this lease. All payments so made and all acts or thing's so done and performed by any such grantee, mortgagee, or trustee, shall be as effective to prevent a forfeiture of the rights and in terests of Lessee hereunder as the same would have been if done and performed by the Lessee instead of any such grantee, mortgagee, or trustee.

55. Any deed to secure debt, mortgage, deed of trust, or instrument in the nature thereof given by Lessee may, if the Lessee so desires, be so conditioned as to provide that as between any such grantee, mortgagee, or trustee and Lessee, said grantee, mortgagee or trustee, on making good any such default or defaults on the part of Lessee, shall be thereby subrogated to any and all of the rights of Lessee under the provisions, covenants, terms and conditions of this lease.

ARTICLE X

Default--Termination

56. In the event Lessee has refused to observe or perform, or has failed in the observance or performance of, any of the provisions, cove nants, terms or conditions of this lease, and unless it is otherwise pro vided in this lease, Lessor, may, upon giving twenty days prior notice to Lessee and to any grantee, mortgagee, or trustee required to be given copies of notices in accordance with paragraph 53 hereof, declare Lessee to be in default in Lessee's obligations under this lease. If Lessee or any grantee, mortgagee, or trustee required to be given copies of notices in accordance with paragraph 53 hereof, does not completely and totally remedy or cure the default in Lessee's obligations under this lease within twenty days thereafter, Lessor may pursue one of the fol lowing options:

(a) Terminate this lease without any further notice to Lessee, and thereafter, without legal process, enter upon and take immedi ate possession and control of the premises to the complete exclusion of Lessee. Lessor may also demand, collect and retain all rents due from tenants occupying said premises and Lessor may otherwise treat and occupy the said premises as if this lease had expired of its own limitation. The failure of Lessor to exercise such rights after one or more defaults shall not be a waiver of the rights of the Lessor upon any subsequent default.

OR

(b) As Lessee's legal representative, without terminating this lease, re-let the said premises without advertisement and by private negotiations for such term or terms and at such rental or rentals as Lessor in its sole discretion may deem proper and advisable, with the right to make alteration and repairs to said premises. Upon each such re-letting

(1) Lessee shall be immediately liable to pay to Lessor, in ad dition to any indebtedness due hereunder, the costs and expenses of

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such re-letting and of such alteration and repairs incurred by Lessor; and

(2) At the option of Lessor rents received by Lessor from such re-letting shall be applied: First, to the payment of any costs and expenses of such re-letting and of such alteration and repair; and Second, to the payment of rent due and unpaid under this lease; and the residue, if any, shall be held by Lessor and applied in pay ment of future rent as the same may become due and payable hereunder. Lessor shall in no event be liable to Lessee for any interest on the said residue.

Upon the expiration of the term of this lease, or upon the prior termination of this lease from any cause, all rights and interests of the Lessee, and all persons whomsoever claiming by, through or under the Lessee, whether by grant, assignment, deed to secure debt, mortgage, deed of trust, sublease (unless otherwise provided in paragraph 33 of this lease), foreclosure proceedings or other conveyance or encumbrance to the premises, including furnaces, elevators, fire escapes, and all lift ing, lighting, heating, cooling, refrigerating, air conditioning, ventilating, gas, electric and plumbing apparatus, and appliances, as well as other fixtures attached to the premises, and improvements, shall immediately wholly cease and determine; and the premises, including all furnaces, elevators, fire escapes, and all lifting, lighting, heating, cooling re frigerating, air conditioning, ventilating, gas, electric and plumbing apparatus, and appliances, and improvements, shall thenceforward con stitute and belong to and be the absolute property of the Lessor or the Lessor's assigns, without further act or conveyance, and without lia bility to make compensation to the Lessee or to anyone whomsoever, and free and discharged from all and every lien, encumbrance, claim and charge of any character created or attempted to be created by the Lessee at any time except that the trade fixtures and business ma chinery of the Lessee may be removed prior to the expiration of the lease.

ARTICLE XI
Assignment
57. Lessee shall have the right to assign or transfer this lease, or any interest therein, or any right or privilege appurtenant thereto, pro vided the written consent of Lessor is first had and obtained. The grant ing of such written consent shall be solely in the discretion of Lessor except that as to assignments or transfers of this lease, or any interest therein, or any right or privilege appurtenant thereto, which Lessee de sires to make or grant to a mortgagee under ARTICLE IX of this lease conditioned upon the default of Lessee in its obligations to the mort gagee, Lessor shall not unreasonably withhold its consent to the as signment or transfer. Any such assignment or transfer without such con sent shall be void, and shall, at the option of Lessor, terminate this lease. Provided, however, that any such assignment shall not release the Lessee from, or affect any of, its obligations, duties and limitations under the terms of this lease. Any assignee or transferee of Lessee's leasehold estate, immediate or remote, shall have like power of assignment and

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transfer on the same conditions and subject to the same restrictions as those imposed herein on Lessee.
ARTICLE XII
Appointment Of A Receiver--General Assignment For the Benefit Of Creditors--Insolvency--Bankruptcy-- Other Statutory Acts
For Relief Of Debtors
58. In addition to the happening of any event hereinabove set out which gives the Lessor the right to declare a default of this lease, the Lessor may, at its option, declare a default of this lease and immediately elect one of the options provided in paragraph 56 upon the happening of any or all of the following events:
(A) Appointment of a receiver to take possession of all or sub stantially all of the assets of Lessee; or
(B) A General assignment by Lessee for the benefit of creditors; or
(C) Any action taken or suffered by Lessee under any insol vency, bankruptcy or any other debtor-relief act.
ARTICLE XIII
Miscellaneous
59. Lessor or its agents may, but shall be under no duty to, enter the premises at reasonable times and hours to inspect the premises in order to determine whether Lessee is complying with its undertakings, duties and obligations under this lease.
60. Lessee takes the leased premises subject to all zoning regula tions and ordinances now or hereafter in force including but not limited to those as to building line and setback. Lessor in its discretion and at its own expense, or Lessee totally at Lessee's own expense may in good faith contest and litigate as to the validity of any ordinance, rules, regulation, resolution or statute of any governmental body affect ing the premises or Lessee's use or occupancy thereof if said ordinance, rule, regulation, resolution or statute is considered by Lessor or Lessee to be invalid, provided however, that Lessee, if Lessee should so contest and litigate, shall first give Lessor notice thereof.
61. Until contrary instructions are given to Lessee in writing, all notices required to be given to Lessor hereunder shall be effectively given to Lessor if mailed by United States registered mail, return re ceipt requested, to the Secretary, State Properties Control Commission, Care of Secretary of State of Georgia, Room 214, State Capitol, Atlanta, Georgia 30334. All notices required to be given to Lessee hereunder shall, until contrary instructions are given to Lessor in writing, be effectively given if mailed by United States registered mail, return receipt re quested to the Lessee's address hereinabove stated. The word notice shall

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include statements, demands, requests, consents, approvals and authoriza tions.

62. Any matter which must be submitted to and approved by Lessor, as required under this lease, prior to Lessee's right to proceed on such matter shall be submitted to Lessor, unless contrary instructions are given to Lessee in writing, by United States registered mail, return re ceipt requested, to the Secretary, State Properties Control Commission, Care of Secretary of State of Georgia, Room 214, State Capitol, At lanta, Georgia 30334 and shall either be approved or rejected by Lessor within ninety days after receipt. If Lessor should fail to so approve or reject within such ninety day period as provided herein, Lessor's ap proval shall be assumed to have been unconditionally granted and Lessee shall have the right to proceed on such matter so submitted.

Lessor shall inform Lessee in writing of Lessor's rejection or ap proval of such submitted matter by United States registered mail, return receipt requested, to the Lessee's address hereinabove stated.
63. Lessee shall not use or remain in possession of the premises after the termination of this lease. Any holding over, or continued use and/or occupancy by the Lessee, after the termination of this lease, without written consent of the Lessor, shall not constitute a Tenant-atWill interest in behalf of the Lessee; but Lessee shall become a Tenantat Sufferance at the annual rate of the total rental for the last year of the lease term set out above. There shall be no renewal whatsoever of this lease by operation of law.

64. No failure of Lessor to exercise any power given Lessor hereunder or to insist upon strict compliance by Lessee with its undertak ings, duties and obligations hereunder, and no custom or practice of the parties at variance with the terms hereof shall constitute a waiver of Lessor's right to demand exact compliance with the provisions, covenants, terms and conditions of this lease.

65. All rights, powers and privileges conferred herein upon both parties shall be cumulative.
66. It is mutually covenanted, understood, and agreed by and be tween the parties hereto, that each of the stipulations, expressions, phrases, provisions, covenants, terms and conditions of this lease shall apply to, extend to, be binding upon and inure to the benefit or detri ment of not only the parties hereto, but also the legal representatives, successors and assigns of the Lessor and Lessee hereto, and shall be deemed and treated as covenants real running with the premises during the term of this lease. Whenever a reference to the parties hereto is made, such reference shall be deemed to include the legal representatives, successors and assigns of said party, the same as if in each case ex pressed.
67. It is mutually covenanted, understood, and agreed by and be tween the parties hereto, that this lease contract shall be governed, con strued, performed and enforced in accordance with the laws of the State of Georgia

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68. The words "terminate" or "termination" as used herein shall refer to the end of this lease whether due to the expiration of the term hereof or the earlier end of this lease by virtue of a default in the per formance of one of the provisions, covenants, terms or conditions of this lease.

69. Whenever the singular or plural number, or masculine, feminine, or neuter gender is used in this lease, it shall equally apply to, extend to, and include the other.

70. In the event any provisions, covenant, term or condition or por tion of any provision, covenant, term or condition of this lease is held invalid, the remainder of said provisions, covenant, term or condition or portion of said provision, covenant, term or condition shall not be af fected thereby and shall continue in full force and effect.

71. In the performance, discharge and fulfillment of the provisions, covenants, terms, conditions, undertakings, duties, and obligations of this lease including discretionary determinations to be made pursuant there to, the State Properties Control Commission shall act for and on behalf of the Lessor. However, the Lessor reserves the right through appropri ate action by the General Assembly of the State of Georgia to appoint such other authority as it may designate to perform such provisions, covenants, terms, conditions, undertakings, duties and obligations.

72. All time limits stated in this lease are of the essence.

73. Lessor has no duty to provide access to or egress from the above-described premises, and no such duty shall be implied from this instrument.

74. If the whole or a part of the premises or the whole or part of Lessee's rights in the premises, are taken for any public use, under any statute or by right of eminent doman or by private purchase in lieu thereof by a public body vested with the power of eminent domain, this lease shall terminate and each of the parties hereto may independently
pursue claims for compensation.

75. This lease constitutes the full, complete and entire agreement between and among the parties hereto; no agent, officer or representa tive of the parties hereto has authority to make, or has made, any statement, agreement, representation or contemporaneous agreement, oral or written, in connection herewith modifying, adding to, or changing the provisions, covenants, terms and conditions hereof. No modification or amendment of this lease shall be binding unless such modification or amendment shall be in writing, signed by both parties hereto, attached to this lease, incorporated in and by reference made a part of this lease.

IN WITNESS WHEREOF, the Honorable Jimmy Carter, as Gov ernor of the State of Georgia and Chairman of the State Properties Con trol Commission, has this the.--.,,.._._._._.day of--_--_____________, 197------, hereunto affixed his official signature and caused to be af fixed the great seal of the State of Georgia and the seal of the State

MONDAY, FEBRUARY 28, 1972

2295

Properties Control Commission, in behalf of said State and the Com mission, in duplicate, and Lessee has signed and executed this lease and has affixed Lessee's seal, if any, thereto, also in duplicate.

Signed, sealed and delivered in the presence of: (As to the signatures of Jimmy Carter, Governor and Chair man of the State Properties Control Commission, and Ben W. Fortson, Jr., as Secretary of State and Secretary of the State Properties Control Commission)
Witness
Notary Public My Commission Expires :_
(NOTARY SEAL)
Signed, sealed and delivered in the presence of:
/&/ N. K. Sneed, III Witness
/s/ Lawrence A. Huff Notary Public in and for the District of Columbia My Commission Expires June 30, 1972
(NOTARY SEAL)

STATE OF GEORGIA
BY: As Governor And As Chairman Of The State Properties Control Commission
ATTEST: __...._.__._-_..__............. As Secretary of State And Secretary Of the State Properties Control Commission
Southern Railway Company (a corporation organized and exist ing under the laws of the State of Virginia)
BY:
/s/ W. Graham Claytor, Jr. As President of Southern Railway Company
ATTEST:
/s/ M. M. Davenport As Secretary of Southern Railway Company (CORPORATE SEAL)

The Speaker resolved the House into a Committee of the Whole, designating Mr. Chandler of the 34th as Chairman thereof, for the purpose of considering HR 777-1843.

The Committee of the Whole arose and through its Chairman reported HR 777-1843 back to the House with the recommendation that the same Do Pass.

The report of the Committee, which was favorable to the adoption of the Resolution, was agreed to.

2296

JOURNAL OF THE HOUSE,

On the adoption of the Resolution, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. 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 Chance Chandler Chappell Cheeks Clements, C. Cole Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dorminy Drury

Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter 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 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. 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 Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, W. B.

Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow

MONDAY, FEBRUARY 28, 1972

2297

Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner

Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Blackshear Bostick Bowen Buck Carter
Collier

Dixon Hamilton Hood Keyton Larsen, W. W.

Levitas Peters Pickard Russell, H. P. Mr. Speaker

On the adoption of the Resolution, the ayes were 179, nays 0.

The Resolution, having received the requisite constitutional majority, was adopted.

HB 1926. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend an Act creating the office of Georgia Safety Fire Commissioner, as amended, so as to clarify the arrest powers of the State Fire Marshall and his appointed staff; and for other purposes.

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

2298
Bennett, J. T. Bennett, Tom Berry, C. E. Black Bohannon Brantley, H. H. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Chandler Chappell Cheeks Clements Cole Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Davis, E. T. Davis, W. 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
Groover
Gunter

JOUENAL OF THE HOUSE,

Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Hill, G. Hood Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lane, Dick Lane, W. J. Larsen, G. K. 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 Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Serrells Strickland Sweat Thomason
Thompson
Toles
Triplett
Tripp
Turner
Vaughn
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

MONDAY, FEBRUARY 28, 1972

2299

Those not voting were Messrs.:

Alexander, W. H. Blackshear Bond Bostick Bowen Brantley Brown, B. D. Carter Chance Collins, M.

Daugherty Dean, Gib Dean, J. E. Felton Hamilton Howell Lambert Larsen, W. W. Longino

Mason McCracken Oxford Phillips, G. S. Pickard Stephens Townsend Wamble Mr. Speaker

On the passage of the Bill, the ayes were 167, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HE 776-1840. By Mr. McDaniell of the 117th:
A Resolution creating the Corridor Loop Study Committee; and for other purposes.

The following Committee amendment was read and adopted:
The Committee on Highways moves to amend HR 776-1840 as follows:
"By striking from line 30, 31 and 32 of Page Two (2) the following:
'Not to be less than ten miles, nor more than 25 miles, beyond the radius of the existing Interstate 285 Perimeter Highway.' "

The following amendment was read and adopted:
Mr. Ware of the 30th moves to amend HR 776-1840 by deleting in line 5 of page 2 the word "six" and substituting in lieu thereof the word "Seven"; and by adding in line 14 of page 2 after the words "Develop ment Commission" the numeral "(7)" and the words "The Chattahoochee-Flint Area Planning and Development Commission".

The report of the Committee, which was favorable to the adoption of the Resolution, as amended, was agreed to, as amended.

2300

JOURNAL OF THE HOUSE,

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 Barfield Battle Bennett, J. T. Bennett, Tom 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 Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Bean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards Egan

Evans Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor Geisinger Gignilliat Garnade Grantham Greer Griffin Groover Gunter Ham 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 Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Logan Longino

Lawrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin, A. T. Maxwell McDaniell Melton Merritt Miles Milford Moore Moyer Mulherin Mullinax Murphy Nessmith Northcutt Nunn Oxford Patterson Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Rush Russell, H. P. Russell, W. B. Savage Scarborough Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat, Ottis Thomason Thompson

Toles Triplett
Turner Vaughn Wamble

MONDAY, FEBRUARY 28, 1972

2301

Ware Wheeler, Bobby
Wheeler, J. A. Whitmire

Williams Wilson
Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Atherton Bell Berry Blackshear Brantley, H. H. Burruss Cole Collier Cook Ezzard Grahl Hamilton

Hill, G. Hood King Larsen, W. W. Le vitas Lewis McCracken McDonald Miller Morgan Noble Odom

Patten Phillips, G. S. Pickard Reaves
Ross Russell, A. B.
Salem Shanahan
Townsend Tripp Mr. Speaker

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.

HB 1691. By Messrs. Gaynor of the 88th, Longino of the 98th, Pinkston of the 81st and Murphy of the 19th:
A Bill to be entitled an Act to amend the "Executive Reorganization Plan of 1972", so as to change the name of the Department of Financial Regulation to the Department of Banking and Finance; and for other purposes.

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

2302
Bennett, J. T. Bennett, Tom Berry Black Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collier Collins, M. Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Felton Floyd, J. H.
Floyd, L. R.
Fraser
Gary
Gaynor
Geisinger
Gignilliat

JOURNAL OF THE HOUSE,

Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Hill, B. L. Horton Housley Howard Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas 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 Murphy Nessmith Northcutt Nunn Oxford Patterson Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Roach Rush Russell, H. P. Russell, W. B. Salem Savage Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Toles Townsend Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A.
Whitmire
Williams
Wilson
Wood, J. T.
Wood, R. E.

MONDAY, FEBRUARY 28, 1972

2303

Those not voting were Messrs.:

Bell Blackshear Cook Drury Farrar Hamilton Hill, G.
Hood

Howell Hudson, C. M. King Larsen, W. W. McCracken Noble Odom

Patten Phillips, G. S. Pickard Reaves Ross Russell, A. B. Mr. Speaker

On the passage of the Bill, the ayes were 173, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

HB 1125. By Mr. Murphy of the 19th:
A Bill to be entitled an Act to amend Code Section 12-104, relation to applications for bank charters, so as to provide that the applicants shall not be required to divulge the name of the chief executive officer of any proposed new bank; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Section 13-904, relating to applica tions for bank charters, as amended, so as to provide that the applicants shall not be required to divulge the name of the chief executive officer of any proposed new bank; to authorize the Superintendent of Banks to disapprove any person who does not possess the qualifications to perform the duties and functions required of the chief executive officer of a new bank; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 13-904, relating to applications for bank charters, as amended, is hereby amended by adding at the end thereof the following:
"Notwithstanding any other provisions of this Chapter or any other law to the contrary, it shall not be necessary and the Superin tendent of Banks shall not require applicants submitting an appli cation for a new bank charter to divulge the name of the chief execu tive officer of the proposed new bank unless the Superintendent of Banks shall approve the application, in which event the applicants shall immediately submit to the Superintendent of Banks the name

2304

JOURNAL OP THE HOUSE,

of the chief executive officer and the number of shares of stock to which he has subscribed in the new bank. The Superintendent may withhold the permit to begin business until such time as the appli cants shall submit the name of the chief executive officer of the proposed new bank. The Superintendent of Banks shall have dis cretionary authority to disapprove any person who does not possess the qualifications to perform the duties and functions required of the chief executive officer of a new bank."

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, Marvin Alexander, W. H. Alien Battle Black Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Busbee Carr Chandler Cheeks Clements Cole Collier Collins, S. Coney, G. D. Conger Connell Dailey Daugherty Davis, E. T. Dean, Gib Dean, J. E. Dean, N.

Dent Edwards Floyd, J. H. Ployd, L. R. Gary Gaynor Geisinger Gignilliat Griffin Groover Ham Harrington Harris Hawes Hays Hill, B. L. Horton Hudson, C. Hutchinson Johnson Jones, Herb King Knowles Kreeger Lambert Lane Lee Lewis Lowrey Marcus Mason

Matthews Maxwell McCracken McDaniell Melton Merritt Miller Morgan Moyer Murphy Nessmith Nunn Oxford Patten Pearce Peters Phillips, W. R. Pinkston Roach Rush Sherman Sims Smith, J. R. Smith, V. T. Sorrells Stephens Thompson Triplett Turner Vaughn Wamble

MONDAY, FEBRUARY 28, 1972

2305

Those voting in the negative were Messrs.:

Adams, G. D. Adams, John Alexander, W. M. Atherton Bell Bennett, Tom Bohannon Chappell Collins, M. Coney, J. L. Davis, W. Dixon Dorminy Evans Fraser Hill, G.

Housley Howell Hudson, Ted Isenberg Jessup Jones, J. R. Jordan Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Leggett Levitas Longino Mullinax Noble Patterson

Phillips, L. L. Poole Potts Savage Scarborough Strickland Sweat Toles Ware Wheeler, Bobby Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Bennett, J. T. Berry Blackshear Brown, B. D. Burruss Carter Chance Colwell Cook Drury Egan Ezzard Farrar Felton Grahl Granade Grantham Greer

Gunter Hamilton Harrison Hood Howard Keyton Knight Larsen, W. W. Logan Matthews, D. R. Mauldin McDonald Miles Milford Moore Mulherin Northcutt Odom

Phillips, G. S. Pickard Rainey Reaves Ross Russell, A. B. Russell, H. P. Russell, W. B. Salem Shanahan Shepherd Smith, H. R. Snow Thomason Townsend Tripp Wheeler, J. A. Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 93, nays 47.

The Bill, having failed to receive the requisite constitutional majority, was lost.

Mr. Murphy of the 19th 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 1125, by substitute.

2306

JOURNAL OF THE HOUSE,

Under the general order of business, established by the Committee on Rules, the following Bill of the House was again taken up for consideration:

HB 370. By Messrs. Smith of the 3rd, Brown of the 32nd and Marcus of the 105th:
A Bill to be entitled an Act to amend Code Title 88, known as the "Geor gia Health Code", so as to provide for licensing ambulance services; and for other purposes.

The following committee substitute was read:
A BILL
To be entitled an Act to amend Code Title 88, known as the "Geor gia Health Code", as amended, so as to provide for licensing ambulance services; to provide that an ambulance service shall not be operated in the State without a valid license as provided herein; to define certain terms; to provide for an application for the license; to provide for issu ing the license upon a finding that the applicant meets certain standards; to provide standards for ambulances; to provide for renewing the license; to provide for a revocation of the license; to provide for filing certain reports; to provide for the operation of the ambulance as an emergency vehicle; to provide for the enforcement of the provisions of this Act; to authorize the Department of Pubuic Health to make certain inspec tions; to provide exemptions; to provide for penalties; to provide the standard of liability for licensed ambulance services; to provide that this Act does not prohibit any license fee assessed by a municipality; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Title 88, known as the "Georgia Health Code", as amended, is hereby amended by adding a new Chapter to be designated as Chapter 88-29, to read as follows:
"CHAPTER 88-29
AMBULANCE SERVICE
Section 88-2901. Definitions. Unless different meaning is re quired by the context, the following terms as used in this Chapter shall have the meaning hereinafter respectively ascribed to them:
(a) 'Ambulance' means a motor vehicle that is specially con structed and equipped and is intended to be used for the transporta tion of patients, including dual purpose police patrol cars and funer al coaches or hearses which otherwise comply with provisions of this Chapter.

MONDAY, FEBRUARY 28, 1972

2307

(b) 'Person' means any individual, firm, partnership, associa tion, corporation, company, group of individuals acting together for a common purpose or organization of any kind, including any gov ernmental agency other than the United States.

(c) 'Ambulance service' means the providing of emergency care and transportation on the public streets and highways of this State for a wounded, injured, sick, invalid or incapacitated human being to or from a place where medical or hospital care is furnished.

(d) 'License' when issued to an ambulance service signifies that its facilities and operations comply with the provisions of this Chap ter and the rules and regulations issued by the Department pursuant to the provisions of this Chapter.

(e) 'Provisional license' when issued to an ambulance service means a license issued on a conditional basis for one of the follow ing reasons:

(1) To allow newly established ambulance service a period of 30 days to demonstrate that its facilities and operations comply with the provisions of this Chapter and rules and regulations issued by the Department pursuant to the provisions of this Chapter.

(2) To allow existing ambulance services a period of 12 months to comply with the provisions of this Chapter and rules and regula tions issued by the Department pursuant to the provisions of this chapter provided the ambulance service shall present a plan ac ceptable to the Department.

(f) 'License Officer' means the Director of the Department of his designee.

(g) 'Patient' means an individual who is sick, injured, wounded, or otherwise incapacitated or helpless.

(h) 'Ambulance attendant' means a person responsible for the care of patients being transported in an ambulance.

(i) 'Department' means the Georgia Department of Public Health.

Section 88-2902. License required. No person shall operate an ambulance service in this State without having a valid license or provisional license issued by the License Officer pursuant to this Chapter authorizing such service to be operated.

Section 88-2903. Application for license. An application for a license or provisional license shall be made to the License Officer. The application shall be accompanied by a fee of $25.00, except appli cations from governmental agencies. The application shall be made upon forms prescribed by the License Officer and shall contain the following:

2308

JOURNAL OF THE HOUSE,

(a) The name and address of the owner of the ambulance serv ice or proposed ambulance service.

(b) The name under which the applicant is doing business or proposes to do business.

(c) The training and experience of the applicant in the trans portation and care of patients.

(d) A description of each ambulance, including the make, model, year or manufacture, motor and chassis number; and the color scheme, insignia, name, monogram or other distinguishing characteristics to be used to designate applicant's ambulance.
(e) The location and description of the place or places from which the ambulance service is intended to operate.
Section 88-2904. Duties of the License Officer.
(a) The License Officer shall, within 10 days after receipt of an application for a license or provisional license as provided for herein, cause such investigation as he deems necessary to be made to determine that the standards prescribed by this Chapter have been ment.
(b) The License Officer shall issue a license hereunder for a period of two years, unless earlier suspended, revoked or terminated, when he finds:
(1) That all the requirements of this Chapter have been met; and
(2) That the public convenience and necessity require the pro posed ambulance service.
(c) The License Officer shall issue provisional licenses for a limited period of time under the circumstances provided in Sec tion 88-2901.
Section 88-2905. Standards for ambulances. Ambulances oper ated by persons engaged in providing ambulance service shall:
(a) Be suitable for the transportation of patients from the standpoint of health, sanitation and safety, and be maintained on suitable premises;

(b) Have supplies and equipment readily available for dressing wounds, splinting fractures, controlling hemorrhaging and provid
ing oxygen;

(c) Be equipped with approved safety belts for the driver and for a passenger in the front seat if such seat is provided; and

MONDAY, FEBRUARY 28, 1972

2309

(d) Have insurance coverage issued by an insurance company licensed to do business in Georgia providing for the payment of damages:
(1) For injury to or death of individuals in accidents resulting from any cause for which the owner of the ambulance would be liable on account of liability imposed on him by law, regardless of whether the ambulance was being driven by the owner or his agent, and
(2) For the loss of or damage to the property of another, in cluding personal property, under like circumstances, in such sums and under such terms as may be required in regulations promul gated by the Department. A certificate of insurance shall be sub mitted to the License Officer for approval prior to the issuance of each ambulance license. Satisfactory evidence that such insurance is at all times in force and effect shall be furnished to the License Officer, in such form as he may specify, by all licensees required to provide such insurance under the provisions of this Chapter.
Section 88-2906. Renewal of license. Change of ownership of ambulance service, (a) Renewal of any license issued under the pro visions of this Chapter shall require conformance with all the requirements of this Chapter as upon original licensing.
(b) Change of ownership of an ambulance service shall require a new application and a new license issued in conformance with the requirements of this Chapter as upon original licensing.
Section 88-2907. Revocation of license, (a) Any license issued hereunder may be suspended or revoked for a failure of a licensee to comply and to maintain compliance with the applicable provisions of this Chapter or rules and regulations issued pursuant to the provisions of this Chapter, but only after opportunity for hearing as provided in Code Chapter 88-3.
(b) Any person who has exhausted all administrative remedies available within the Department and who is substantially aggrieved by a final order or final action of the License Officer, is entitled to judicial review, in the manner provided by Code Chapter 88-3.

Section 88-2908. Reports. Records of each ambulance trip shall be made by the ambulance service in a manner and on such forms as may be prescribed by the Department through regulations. Such records shall be available for inspection by the Department at any time, and a summary of ambulance service activities shall be prepared on specific cases and furnished to the Department if re quested.
Section 88-2909. Obedience to traffic laws, ordinances, and regulations. The driver of an ambulance, when responding to an emergency call or while transporting a patient, is authorized to operate the ambulance as an emergency vehicle pursuant to the provisions of the Uniform Act Regulating Traffic on Highways,

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JOURNAL OF THE HOUSE,

approved January 11, 1954 (Ga. Laws 1953, Nov.-Dec. Sess., p. 556), as amended.

Section 88-2910. Enforcement; inspections. The Department and its duly authorized agents are hereby authorized to enforce compliance with the provisions of this Chapter and rules and regu lations promulgated hereunder as provided in Code Chapter 88-3; and in connection therewith, to enter upon and inspect in a reason able manner the premises of persons providing ambulance service, during the reasonable business hours of the day.

Setcion 88-2911. Exemptions. The provisions of this Chapter shall not apply to the following:

(a) An ambulance or ambulance service operated by an agency of the United States Government;

(b) A suitable vehicle that is operated by a person who is not licensed to furnish ambulance service, which is rendering assistance temporarily to licensed ambulance services in the case of a major catastrophe or emergency with which the licensed ambulance serv ices of Georgia are insufficient or unable to cope with such ca tastrophe or emergency;

(c) An ambulance, which is operated from a location outside of Georgia, in order to transport patients who are picked up be yond the limits of Georgia, to locations within Georgia.

Section 88-2912. Rules and regulations. The Department is hereby authorized to promulgate rules and regulations for the pro tection of the public health by:

(a) prescribing reasonable health, sanitation and safety stand ards for transporting patients in ambulances; and

(b) prescribing reasonable conditions under which ambulance attendants are required; and
(c) establishing certain criteria for the training of ambulance attendants prescribing further;
(1) Such ambulance attendant must have successfully com pleted the standard American Red Cross advanced First Aid Course.

(2) Such ambulance attendant must successfully complete with in thirty-six additional months following the completion of require ment (1) above, a prescribed emergency medical technician course.

Section 88-2913. Penalties. Any person violating the provisions of Section 88-2902 shall be guilty of a misdemeanor and, upon con viction thereof, shall be punished as for a misdemeanor.

Section 88-2914. Liability. Any person, including agents and

MONDAY, FEBRUARY 28, 1972

23li

employees, who is licensed to furnish ambulance service and who in good faith renders emergency care to a person who is a victim of an accident or emergency shall not be liable for any civil damages to such victim as a result of any act or omission by such person in rendering such emergency care to such victim."

Section 2. No provision of this Act shall be construed as prohibiting or preventing a municipality from fixing, charging, assessing or collect ing any license fee or registration fee on any business or profession covered by this Act, or upon any related profession or anyone engaged in any related profession governed by the provisions of this Act.

Section 3. This Act shall become effective January 1, 1972.

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The following amendments were read and adopted:

Mr. Ware of the 30th moves to amend the Committee substitute to HB 370 by deleting on page 9, line 2 in Section 3 the numerals "1972" and inserting in lieu thereof the numerals "1973".

Mr. Harrison of the 58th moves to amend the Committee substitute to HB 370 as follows:
By inserting in the title on line 12 of page 1, preceding the words "to provide", the following:
"to provide that it shall be unlawful for the operators of certain motor vehicles to pass ambulances under certain conditions;".
By inserting on line 26 of page 6, preceding the word "the", the fol lowing :
"(a)".
By inserting a new subsection to the material quoted as Section 88-2909, following line 32 of page 6, to read as follows:
"(b) It shall be unlawful for any person operating a motor ve hicle to pass an ambulance being operated on a highway at the maxi mum speed limit if the flashing lights on such ambulance are in oper ation. Any person violating the provisions of this subsection shall be guilty of a disdemeanor, and upon conviction thereof, shall be punished as for a misdemeanor."

2312

JOURNAL OP THE HOUSE,

Mr. Ware of the 30th moves to amend the Committee substitute to HB 370 as follows:

By adding between the word "the" and the word "transportation" on line 6, page 2, the following word:

"emergency".

By adding between lines 15 and 16 on page 3 a new subsection, to be designated subsection (j), to read as follows:

" (j) 'Invalid car' means a motor vehicle not used for emergen cy purposes but used only to transport persons who are convalescent, sick or otherwise nonambulatory."

By adding between lines 24 and 25 on page 7 a new subsection, to be designated subsection (d), to read as follows:

"(d) An invalid car or the operator thereof."

Mr. Egan of the 116th moves to amend the Committee substitute to HB 370 as follows:
by deleting the period on page 6, line 10 after 88-3, and inserting the following:
"and the Georgia Administrative Procedure Act";
and by deleting the period on page 6, line 16 after 88-3, and inserting the following:
"and the Georgia Administrative Procedure Act".

Mr. Ware of the 30th moves to amend the Committee substitute to HB 370 as follows:
By adding a new paragraph between lines 11 and 12 on page 8, to read as follows:
"Provided, however, that nothing herein shall authorize the De partment to promulgate rules or regulations which shall prevent the continued use of dual purpose funeral coaches or hearses currently being used as ambulances if the vehicles otherwise conform to the requirements of Section 88-2905 of this Chapter."

The Committee substitute, as amended, was adopted.

MONDAY, FEBRUARY 28, 1972

2313

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to, as amended.

On the passage of the Bill, by substitute, as amended, the roll call was or dered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Bell Berry Black Bohannon Bond Brown, B. D. Brown, C. Buck Busbee Carter Chappell Clements Cole Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, J. E. Dent Dixon Dorminy Egan Ezzard Felton Gary

Granade
Griffin Harris Hawes Hays Hill, B. L.
Hood Horton
Housley Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, J. R. Lambert
Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Le vitas Logan Lowrey Marcus
Mason Matthews, C. Maxwell McDaniell McDonald
Merritt Miles Miller
Moyer Mulherin

Northcutt Nunn Patten Pearce Peters Poole Rush
Russell, A. B. Savage Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Sweat Thompson Toles Townsend
Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams
Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Atherton Bennett Brantley, H. L. Bray Brown, S. P.

Chandler Cheeks Collins, S. Coney, G. D. Dean, Gib

Dean, N. Evans Floyd, J. H. Floyd, L. R. Fraser

2314
Geisinger Grantham Groover Ham Harrington Hill, G. Howard Howell Hudson, C. M. Jordan Keyton King Knight Knowles

JOURNAL OF THE HOUSE,

Kreeger Lane, W. J. Larsen, G. K. Lewis Longino Matthews, D. R. Mauldin McCracken Melton Milford Morgan Mullinax Murphy Nessmith

Noble Oxford Patterson Phillips, G. S. Phillips, L. L. Phillips, W. R. Potts Reaves Roach Russell, H. P. Scarborough Stephens Strickland Ware

Those not voting were Messrs.:

Alien Barfield Battle Bennett, J. T. Blackshear Bostick Bowen Brantley, H. H. Burruss Carr Chance Collier

Collins, M. Colwell Drury Edwards Farrar Gaynor Gignilliat Grahl Greer Gunter Hamilton Harrison

Jones, Herb Larsen, W. W. Moore Odom Pickard Pinkston Rainey Ross Russell, W. B. Salem Thomason Mr. Speaker

On the passage of the Bill, by substitute, as amended, the ayes were 102, nays 57.

The Bill, having received the requisite constitutional majority, was passed, by substitute as amended.

Mr. Rainey of the 47th stated that he had been called from the floor of the House when the roll was called on HB 370, by substitute, as amended, but had he been present would have voted "aye".

Mr. Geisinger of the 72nd stated that he had inadvertently voted "nay" on the passage of HB 370, by substitute, as amended, and had intended to vote "aye".
By unanimous consent, HB 370, by substitute, as amended, was ordered immediately transmitted to the Senate.

MONDAY, FEBRUARY 28, 1972

2315

The following Resolution of the House was read and adopted:

HR 867. By Messrs. Davis of the 86th, Battle of the 90th, Mullinax of the 30th, Barfield of the 71st, Carr of the 35th and others:
A RESOLUTION
Commending the Honorable William J. "Bill" Lee; and for other purposes.
WHEREAS, the Honorable William J. "Bill" Lee has served with distinction and dedication as Chairman of the Industrial Relations Com mittee of the House of Representatives; and
WHEREAS, the members of this body know and respect Repre sentative Lee as a man who handles the legislation assigned to his committee in a fair and impartial manner; and
WHEREAS, he has shown his ability to withstand numerous pres sures from special interest groups, both within and without State gov ernment, in maintaining his fairness and impartiality; and
WHEREAS, his reputation for honesty and fairness is certainly well reserved.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body do hereby recognize and commend the Honorable William J. "Bill" Lee for the outstanding manner in which he has served as Chairman of the Industrial Relations Committee of the House of Representatives and for his unquestionable fairness and impartiality on all legislation and issues before his com mittee.
BE IT FURTHER RESOLVED that the Clerk of the House of Repre sentatives is hereby authorized and directed to transmit an appropriate copy of this Resolution to the Honorable William J. "Bill" Lee.

The following Bills and Resolution of the House were taken up for the pur pose of considering the Senate amendments and substitutes thereto:

HB 1555. By Messrs. Rainey and Bowen of the 47th:
A Bill to be entitled an Act to authorize and empower Crisp County, acting by and through the Crisp County Power Commission, to sell or lease the generation and transmission facilities of its electric utility system or any part or portion thereof; and for other purposes.

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The following Senate amendment was read:

The Senate Committee on County and Urban Affairs moves to amend HB 1555 as follows:
By inserting after the word "lease" on line 3 of page 1 the fol lowing:
"any property used in".
By striking from line 3 of page 1 the word "facilities".
By inserting after the word "to" on line 4 of page 1 the following:
to". "authorize the assignment of rights, licenses or obligations thereof;
By striking from line 14 of page 1 the word "facilities", and insert ing in lieu thereof the following:
"of electric power as part".
By adding, after the word "part" on line 15 of page 1, the following:
"and to assign as a part of such sale, lease or assignment any rights, licenses or obligations thereof".
By renumbering Section 6 as Section 7.
By inserting a new Section 6, to read as follows:
"Section 6. Severability. If any provision of this Act is held invalid, the invalidity does not effect other provisions of the Act, which can be given effect without the invalid provision, and to this end the provision of this Act is severable."

Mr. Rainey of the 47th 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 1555 was agreed to.

HB 1590. By Messrs. Matthews and Logan of the 16th: A Bill to be entitled an Act to consolidate the offices of tax receiver and

MONDAY, FEBRUARY 28, 1972

2317

tax collector of Clarke County into the office of the tax commissioner of Clarke County; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to consolidate the offices of tax receiver and tax collector of Clarke County into the office of the tax commissioner of Clarke County; to provide for the rights, duties and liabilities of said office; to provide for the election of the tax commissioner; to provide for his term of office; to provide for the method of filling vacancies; to provide for the compensation of the tax commissioner; to provide for a deputy tax commissioner and his appointment, qualification, oath, duties, term of office and compensation; to provide for personnel in the office of the tax commissioner, their compensation, and the payment of ex penses; to make provisions relative to taxes and tax fi fas; 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. The offices of tax receiver and tax collector of Clarke County are hereby consolidated and combined into the one office of the tax commissioner of Clarke 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 collectors by the laws of this State.
Section 2. The first election for the office of tax commissioner cre ated herein shall be held at the same time as the election of other county officers for Clarke 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. Nothing herein shall affect the term of office of the present tax collector and tax receiver of Clarke County, and their terms of office shall continue through December 31, 1972. Should any va cancy occur in the office of tax commissioner, such vacancy shall be filled in accordance with the provisions of law for filling vacancies in the of fice of tax collector.
Section 3. (a) The tax commissioner shall be paid a base salary of not less than $16,500.00 per year by Clarke County in equal monthly in stallments at the end of each calendar month. In addition to said base salary, the tax commissioner shall receive a supplementary salary of $1,200.00 per year for each full four-year term of office which the tax commissioner shall serve after December 31, 1972. Any successor to the initial tax commissioner shall receive a supplementary salary of $1,200.00

2318

JOURNAL OF THE HOUSE,

per year for each full four-year term of office which such tax commis sioner shall have served. The supplementary salary provided for herein shall be paid by Clarke County in equal monthly installments at the end of each calendar month.

(b) The governing authority of Clarke County is hereby authorized to increase the base or supplementary salaries, or both, of the tax com missioner by the adoption of a resolution providing for such increase. Any such resolution shall be adopted during the first quarter of the last calen dar year of the term of office of the tax commissioner, and the salary or salaries established by such resolution shall not become effective until the beginning of the new term of office immediately following the adoption of such resolution.

Section 4. (a) The tax commissioner shall have the sole authority to select, appoint, hire, and fire (1) a chief deputy tax commissioner and fix his salary in any amount not to exceed $10,000.00 per year.

(b) The tax commissioner may increase the compensation provided for by subsection (a) of this Section subject to the approval of the gov erning authority of Clarice County. Such compensation shall be paid in equal monthly installments at the end of each month by Clarke County.

(c) All other necessary employees of the tax commissioner shall be selected in the following manner:

(1) The governing authority of Clarke County shall establish a "position classification" and "pay plan" in consultation with the tax commissioner consistent with its policy toward county em ployees and shall maintain a roster of qualified applicants which, upon request by the tax commissioner, such governing authority shall certify to the tax commissioner as being qualified to be an employee of said officer. From those qualified persons so certified by the governing authority of Clarke County, the tax commissioner shall select and hire such other necessary employees as shall be re quired from time to time. The tax commissioner shall have the sole authority to fire such other necessary employees. If the governing authority of Clarke County shall fail or refuse to certify qualified applicants upon request of the tax commissioner, the tax shall have the right to appeal to arbitration as provided in subsection (e) of this Section.

(2) The salaries of such other necessary employees shall be paid by Clarke County in equal monthly installments at the end of each calendar month.

(d) All other necessary operating expenses of the tax commis sioner shall be paid by Clarke County in addition to the salaries of said officer, his deputies and other employees.

(e) At least forty-five days before January of each year, the tax commissioner shall prepare and recommend to the governing authority of Clarke County a proposed budget covering the costs of operating his. office for the next ensuing calendar year. The proposed budget shall

MONDAY, FEBRUARY 28, 1972

2319

either be approved or disapproved by the governing authority of Clarke County within thirty days after the submission of the budget of said officer for approval. In the event the governing authority of Clarke County shall fail to approve or disapprove the budget submitted by either officer within the time specified herein, the same shall be deemed to have been approved. In the event the governing authority of Clarke County shall disapprove the budget of the tax commissioner as submitted, or in the event a disagreement shall arise between the governing authority and the tax commissioner in regard to the necessity, number, salary, avail ability or qualification of any employee or applicant or in any other matter regarding said office, then the governing authority or the tax commissioner shall be authorized to appeal to arbitration. The gov erning authority and the tax commissioner shall, within three days of the appeal to arbitration, name their respective arbitrators, each of them naming one arbitrator, and the two arbitrators so appointed shall choose a third arbitrator. In the even the two arbitrators so chosen are unable to agree on a third arbitrator within five days, the Judge of the Su perior Court of Clarke County shall appoint a third arbitrator. The de termination and judgment rendered by such arbitration committee shall be made within ten days and the decision of such committee shall be final. The governing authority of Clarke County shall disburse funds for the operation of the tax commissioner's office, as expenses are incurred, in accordance with the final budget for such office. Any tax commissioner elected to his first term of office, beginning on or after the effective date of this Act, may, during the first ninety days after assuming of fice, submit an amended budget for the first year of said term. The procedures for approval, disapproval, and arbitration as set forth in this Section will apply to any amended budget so submitted.

(f) It shall be within the sole power and authority of the tax commissioner, during his term of office to designate and name the per son or persons who shall be employed as deputies, clerks, assistants, or other employees, subject to the provisions of subsection (c) hereof, to prescribe their duties and assignments, to stipulate their vacations, either with or without pay, and to remove or replace any of such em ployees at will and within his sole discretion.

(g) All employees of the tax commissioner shall be entitled to and shall receive all of the benefits accorded to employees of Clarke County by the governing authority of Clarke County and any contributions re quired to be made by the employer in according equal benefits shall be paid by Clarke County in addition to the salaries of the respective employees.
Section 5. (a) All fees, costs, percentages, forfeitures, penalties, allowances, and all other perquisites of whatever kind which are now or may hereafter be allowed by law to be received or collected as compen sation for service by the tax commissioner shall be collected by said officer for the sole use of Clarke County and shall be paid by said officer to Clarke County by the 15th day of each month following the month during which said sums were collected. The Board of Commissioners of Clarke County shall cause a certified public accountant to make an an nual audit of the records of said officer not later than 90 days following the end of each calendar year. Said audit shall report all funds collected and all funds paid to Clarke County by said officer and all funds due

2320

JOURNAL OF THE HOUSE,

the county but not collected by said officer. The expense of preparing such adit for said officer shall be paid for by Clarke County.

(b) For all funds due Clarke County under subsection (a), but which remain uncollected from the party or parties owing same, the clerk of the superior court of Clarke County shall from time to time issue an execution in favor of Clarke County against the party from whom said funds are due and said execution shall be directed and levied in the same manner as now provided by law for other executions. Such execution shall constitute a lien in favor of Clarke County equal in rank to a lien for taxes in favor of Clarke County.

Section 6. All taxes due and payable Clarke County at the time the tax commissioner assumes office shall continue to be due and payable until paid. All tax fi fas heretofore issued shall have full force and ef fect and shall be collectible as issued.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Matthews of the 16th 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 1590 was agreed to..
HB 1127. By Messrs. Brown and Melton of the 32nd: A Bill to be entitled an Act to amend an Act entitled "Griffin-Spalding County School System", so as to abolish the five districts designated as County Districts and the five designated as City Districts, and to provide for the election of 10 members of the Board of Education from the County at large; and for other purposes.
The following Senate amendment was read: The Senate Committee on County and Urban Affairs moves to.
amend HB 1127 as follows: by striking from line 3, page 1 the following:
"2583";
and by substituting in lieu thereof the following: "2563".

MONDAY, FEBRUARY 28, 1972

2321

Mr. Melton of the 32nd 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 1127 was agreed to.

HR 636-1488. By Messrs. Knight, Potts, Mullinax and Ware of the 30th:
A Resolution proposing an amendment to the Constitution so as to au thorize the City of Newnan and its Board of Water, Sewerage and Light Commission to combine and operate the water and sewerage system and electric system as one revenue and to issue revenue bonds for extending or improving said facility; and for other purposes.

The following Senate amendment was read:

Senator Plunkett of the 30th moves to amend HR 636-1488 as follows:
By inserting in Line 22 of Page 1, after the word "City", the following:
"within its boundaries as now constituted and in areas that may, in the future, be within the corporate limits of said city".

Mr. Ware of the 30th moved that the House agree to the Senate amendment.

On the motion, the ayes were 136, nays 0.

The motion prevailed and the Senate amendment to HR 636-1488 was agreed to.

HB 1472. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act creating the Board of Commissioners of Clayton County, so as to change the membership of the Board of Com missioners of Clayton County; to change the method of electing county commissioners; and for other purposes.

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JOURNAL OF THE HOUSE,

The following Senate substitute was read:

A BILL
To be entitled an Act to amend an Act creating the Board of Com missioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3072), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3118), an Act approved March 7, 1960 (Ga. Laws 1960, p. 2268), an Act approved March 11, 1963 (Ga. Laws 1963', p. 2148), an Act approved March 4, 1964 (Ga. Laws 1964, p. 2384), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2723), an Act approved March 4, 1966 (Ga. Laws 1966, p. 3138), an Act approved April 13, 1967 (Ga. Laws 1967, p. 3058), an Act approved April 10, 1968 (Ga. Laws 1968, p. 3501), an Act approved April 23, 1969 (Ga. Laws 1969, p. 3096), and an Act ap proved April 5, 1971 (Ga. Laws 1971, p. 3208), so as to change the membership of the Board of Commissioners of Clayton County; to change the method of electing county commissioners; to provide for qualifications and terms of office of county commissioners; to provide for regular meetings; to provide for zoning meetings; to change the compensation and expenses of the Chairman; to change the expenses of the other members of the Board; to provide for the selection of the Comptroller-Administrative Assistant by the Chairman; to provide for confirmation of the Comptroller-Administrative Assistant by the Board; to provide for all other matters relative to the foregoing; to provide an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3072), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3118), an Act ap proved March 7, 1960 (Ga. Laws 1960, p. 2268), an Act approved March 11, 1963 (Ga. Laws 1963, p. 2148), an Act approved March 4, 1964 (Ga. Laws 1964, p. 2384), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2723), an Act approved March 4, 1966 (Ga. Laws 1966, p. 3138), an Act approved April 13, 1967 (Ga. Laws 1967, p. 3058), an Act approved April 10, 1968 (Ga. Laws 1968, p. 3501), an Act approved April 23, 1969 (Ga. Laws 1969, p. 3096), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 3208), is hereby amended by striking Section 1 in its entirety and in serting in lieu thereof a new Section 1, to read as follows:

"Section 1. Board of Commissioners Created. There is hereby created in and for the County of Clayton a Board of Commission ers to be elected and organized as hereinafter set forth, which Board of Commissioners shall constitute the governing authority of said County and shall exercise the powers, duties and responsibili ties herein vested in and imposed upon said officers. The term 'Board', wherever used herein, shall mean the Board of Commission ers of Clayton County, including the Chairman and all members."

Section 2. Said Act is further amended by striking Section 2 in its entirety and inserting in lieu thereof a new Section 2, to read as follows:

MONDAY, FEBRUARY 28, 1972

2323

"Section 2. Commissioner Posts. The Board established herein shall consist of five members. For the purpose of the election of Board members, five post positions are hereby created in Clayton County to be designated Commissioner Posts One through Five. Com missioner Post One shall be the Chairman of the Board of Commis sioners of Clayton County. All such members shall be elected by the qualified voters of the entire county. In all elections conducted pursuant to this Act, each candidate shall designated at the time of qualifying the Commissioner Post for which he offers as a candi date. To be elected as a member of the Board, the candidate must receive the highest number of votes cast and, at the same time, the candidate must receive a majority of the total votes cast. The members of the Board created herein to represent Commissioner Posts One through Five shall be elected at the general election held for members of the General Assembly in 1972 and their term of of fice shall commence on January 1, 1973. Other than elections to fill vacancies for unexpired terms, they shall serve for terms of office of four years each and until their successors are duly elected and qualified."

Section 3. 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. Qualifications of Members. Any person, in order to be eligible for membership on the Board, must be at least 25 years of age; must have been a bona fide resident and citizen and tax payer of Clayton County for the two years immediately preceding the date of the election; must be a freeholder in Clayton County by owning land, said land to be in Clayton County; and must be quali fied and registered in Clayton County to vote for members of the General Assembly. A member of the Board shall be ineligible to hold any other elective office of the County, any city, the State of Georgia, or of the United States, during his term of office on the Board."
Section 4. 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. Meetings. The Board of Commissioners shall hold regular meetings on the first and third Tuesday of each month at the county courthouse; which meetings shall be open to the public, and may hold such additional meetings as shall be necessary when called by the Chairman or any three members of the Board, pro vided all members shall have been notified at least three days in ad vance of such meeting. Whenever any regular meeting shall be held on the following day. No official action shall be taken by the Board except in a meeting which is open to the public. Any four members of the Board shall constitute a quorum, except that a lesser num ber shall be sufficient to recess or adjourn any meeting; but no of ficial action shall be taken except upon the affirmative vote of at least three members of the Board. The Chairman shall be entitled to the same voting rights as other Board members on questions con sidered by the Board. All zoning meetings shall be conducted at night beginning at 7:30 p.m."

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JOURNAL OF THE HOUSE,

Section 5. Said Act is further amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7, to read as follows:

"Section 7. Compensation. The Chairman of the Board shall be compensated in the amount of $20,000 per annum to be paid in equal monthly installments from the funds of Clayton County. The Chairman of said Board shall also receive an annual expense allow ance of $1,800 per annum payable in equal monthly installments out of the funds of Clayton County. The other four members of the Board shall be compensated in the amount of $4,500 per annum to be paid in equal monthly installments. Each of the four members of the Board shall also receive an annual expense allowance of $1,200 per annum payable in equal monthly installments. Said sums shall be paid from the funds of Clayton County. The Chairman of the Board shall devote his entire time to the duties of his office and shall be the administrative and executive official of the Board. All five members of the Board, however, shall have an equal vote in all matters pertaining to the affiars of Clayton County, and the Chairman shall carry out and administer the policies set by the Board. The Chairman shall select the Comptroller-Administrative Assistant but the Comptroller-Administrative Assistant must be confirmed by a majority of the entire Board."

Section 6. The provisions of quoted Section 7 of Section 5 of this Act, relating to the compensation of the Chairman and other four mem bers of the Board of Commissioners of Clayton County, shall become effective January 1, 1973', unless the provisions of any federal laws or the provisions of any rules, regulations or orders promulgated or issued pursuant to federal law prevent it from becoming effective on said date. In that event, quoted Section 7 of Section 5 of this Act shall be come effective as soon after said date as will be permitted by such federal law or such rules, regulations or orders. In the event the entire amount of any increase for one or more of the officials designated herein shall be prevented from becoming effective on said date, any portion thereof which is allowed shall become effective on the above date or as soon as permitted.

Section 7. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lee of the 21st moved that the House agree to the Senate substitute.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 1472 was agreed to.

HB 1511. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to be entitled an Act to amend an Act placing the Sheriff and

MONDAY, FEBRUARY 28, 1972

2325

the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation, so as to create the office of Deputy Clerk of the Superior Court of Clayton 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 Clayton County on an annual salary in lieu of the fee system of compensation, approved February 25, 1949 (Ga. Laws 1949, p. 1910), as amended, so as to create the office of Deputy Clerk of the Superior Court of Clayton County; to provide for the appointment, powers, duties, compensation, authority and term of office of the Deputy Clerk of the Superior Court; to exempt the Deputy Clerk of the Superior Court from the provisions of the Clayton County Civil Service System Act; to provide an effective date; to repeal con flicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act placing the Sheriff and the Clerk of the Superior Court of Clayton County on an annual salary in lieu of the fee system of compensation, approved February 25, 1949 (Ga. Laws 1949, p. 1910), as amended, is hereby amended by adding a new section, immediately following Section 1, to be designated Section 1A, to read as follows:
"Section 1A. -There is heerby created an office in Clayton County to be known as Deputy Clerk of the Superior Court, and the Clerk of the Superior Court of Clayton County is hereby au thorized to appoint the Deputy Clerk of the Superior Court. The Deputy Clerk of the Superior Court shall serve at the pleasure of the Clerk of the Superior Court, and he may be removed from of fice by the Clerk of the Superior Court. The Deputy Clerk of the Superior Court shall have the same authority granted to clerks of superior courts by the laws of this State when acting on behalf and at the direction of the Clerk of the Superior Court of Clayton County. The qualifications of the Deputy Clerk of the Superior Court shall be the same as those prescribed for the Clerk of the Superior Court, and he shall be required to take the same oath of office as the Clerk of the Superior Court after appointment and before assuming the duties of his office. The Deputy Clerk of the Superior Court shall receive, as compensation for his services, a salary to be fixed in the discretion of the Clerk of the Superior Court in an amount not to exceed twelve thousand dollars ($12,000) per annum, payable in equal monthly installments out of the funds of Clayton County. The Deputy Clerk of the Superior Court shall not be subject to the provisions of the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. Laws 1963, p. 2747), as now or hereafter amended."

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Section 2. This Act shall become effective on July 1, 1972.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lee of the 21st moved that the House agree to the Senate substitute.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 1511 was agreed to.

HB 1512. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act placing the sheriff and the clerk of the superior court of Clayton County on an annual salary in lieu of the fee system of compensation so as to change the compensa tion of the sheriff and the clerk of the superior court of Clayton 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 Clayton County on an annual salary in lieu of the fee system of compensation, approved February 25, 1949 (Ga. Laws 1949, p. 1910), as amended, so as to change the compensation of the sheriff and the clerk of the superior court of Clayton County; 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 placing the sheriff and the clerk of the superior court of Clayton County on an annual salary in lieu of the fee system of compensation, approved February 25, 1949 (Ga. Laws 1949, p. 1910), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu thereof a new Section 1, to read as follows:
"Section 1. The salaries for the officers herein named shall be their full and complete salary, and all fees or other emoluments now allowed, or hereafter allowed by any authority of law, shall, except as herein otherwise provided, be construed to be county funds and accountable for as such. The sheriff and the clerk of

MONDAY, FEBRUARY 28, 1972

2327

the superior court shall each receive a salary of sixteen thousand eight hundred dollars ($16,800.00) per year, both salaries being payable in equal monthly installments by the governing authority of said county out of the funds of said county. Any funds, except the salary provided collected under the color of their offices shall be construed as county funds and shall be accounted for as such."

Section 2. This entire Act shall become effective January 1, 1973, unless the provisions of any federal law or the provisions of any rules, regulations or orders promulgated or issued pursuant to federal law prevent it from becoming effective on said date. In that event, this entire Act shall become effective as soon after said date as will be permitted by such federal law or such rules, regulations or orders. In the event the entire amount of any increase for one or more of the officials designated herein shall be prevented from becoming effective on said date, any portion thereof which is allowed shall become effective on the above date or as soon as permitted.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lee of the 21st moved that the House agree to the Senate substitute.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 1512 was agreed to.

HB 1513. By Messrs. Lee, Gary and Northcutt of the 21st: A Bill to be entitled an Act to amend an Act creating the State Court of Clayton County, so as to change the salary of the judge of said court; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act greating the State Court of Clayton County, approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended by an Act approved March 13, 1970 (Ga. Laws 1970, p. 2799), so as to change the salary of the judge of said court; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act creating the State Court of Clayton County,

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JOURNAL OF THE HOUSE,

approved January 28, 1964 (Ga. Laws 1964, p. 2032), as amended by an Act approved March 13, 1970 (Ga. Laws 1970, p. 2799), 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. Judge's Salary. The judge of the State Court of Clayton County shall receive a salary of eighteen thousand dollars ($18,000.00) per annum and shall be paid monthly by the Board of Commissioners of Clayton County. The judge of said court shall, as such, receive no other compensation, and shall not practice law in any other court in Clayton County, Georgia, and may hold no other public office. If for any reason the judge shall be absent or disqualified to act in any case, the judge of the superior court of the Clayton County Judicial Circuit shall appoint a judge pro hac vice whose compensation shall be fixed by the judge of the superior court and who shall be paid by the Board of Commissioners of Clayton County. The salary of the judge shall be paid out of the general fund of Clayton County."

Section 2. This entire Act shall become effective January 1, 1973, unless the provisions of any federal law or the provisions of any rules, regulations or orders promulgated or issued pursuant to federal law prevent it from becoming effective on said date. In that event, this entire Act shall become effective as soon after said date as will be permitted by such federal law or such rules, regulations or orders. In the event the entire amount of any increase for one or more of the offi cials designated herein shall be prevented from becoming effective on said date, any portion thereof, which is allowed shall become effective on the above date or as soon as permitted.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lee of the 21st moved that the House agree to the Senate substitute.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 1513 was agreed to.

HB 1514. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the single of fice to tax commissioner of Clayton County, so as to change the com pensation of the tax commissioner; and for other purposes.

MONDAY, FEBRUARY 28, 1972

2329

The following Senate substitute was read:

A BILL

To be entitled an Act to amend an Act consolidating the offices of tax receiver and tax collector of Clayton County into the single office of tax commissioner of Clayton County, approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended, so as to change the compensation of the tax commissioner of Clayton County; 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 consolidating the offices of tax receiver and tax collector of Clayton County into the single office of tax commissioner of Clayton County, approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended, is hereby amended by striking Section 7 in its entirety and inserting in lieu thereof a new Section 7, to read as follows:

"Section 7. The tax commissioner of Clayton County shall be compensated in the amount of sixteen thousand eight hundred dollars ($16,800.00) per annum, to be paid in equal monthly install ments from the funds of Clayton County. This shall be his full and complete compensation and shall be in lieu of all commissions, fees or charges of any kind whatsoever heretofore or hereafter received by said tax commissioner. It is hereby specifically provided that he shall not be entitled to the amount provided in 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. All funds collected from any source under color of said office, except the salary provided herein, shall be county funds and shall be ac counted for by the tax commissioner as such. Provided, further, that should the above-named county officer receive and retain any fees or compensation whatsoever from the State of Georgia or any political subdivision thereof other than Clayton County under and by virtue of his county office, the compensation to be paid such county officer under this Act shall be reduced by the sum of any such fees and compensation received and retained by him so that the salary herein fixed shall be the total compensation received by the above-named county officer by virtue of his office whether such county officer acts in his capacity as an officer of the county or as an agent or officer of the State of Georgia or any other political subdivision thereof."

Section 2. This entire Act shall become effective January 1, 1973, unless the provisions of any federal law or the provisions of any rules, regulations or orders promulgated or issued pursuant to federal law prevent it from becoming effective on said date. In that event, this entire Act shall become effective as soon after said date as will be permitted by such federal law or such rules, regulations or orders. In the event the entire amount of any increase for one or more of the officials designated herein shall be prevented from becoming effective

2330

JOURNAL OP THE HOUSE,

on said date, any portion thereof which is allowed shall become effective on the above date or as soon as permitted.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lee of the 21st moved that the House agree to the Senate substitute.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 1514 was agreed to.

HB 1515. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of com pensation, so as to change the compensation of the Ordinary of Clayton County; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act placing the Ordinary of Clayton County on an annual salary in lieu of the fee system of com pensation, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended so as to change the compensation of the Ordinary of Clayton County; 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 placing the Ordinary of Clayton County on an. annual salary in lieu of the fee system of compensation, approved February 7, 1950 (Ga. Laws 1950, p. 2068), as amended, is hereby amended by striking Section 1 in its entirety and inserting in lieu, thereof a new Section 1, to read as follows:
"Section 1. The salary herein named for the ordinary shall be his full and complete compensation, and all fees or other emolu ments now allowed or hereafter allowed by any authority of law,, shall be county funds and accountable for as such. The salary of said ordinary shall be sixteen thousand eight hundred dollars: ($16,800.00) per year, payable monthly by the governing authority

MONDAY, FEBRUARY 28, 1972

2331

out of funds of the county. All funds collected from any source under color of said office shall be county funds, except the salary herein named."

Section 2. This entire Act shall become effective January 1, 1973, unless the provisions of any federal law or the provisions of any rules, regulations or orders promulgated or issued pursuant to federal law prevent it from becoming effective on said date. In that event, this entire Act shall become effective as soon after said date as will be permitted by such federal law or such rules, regulations or orders. In the event the entire amount of any increase for one or more of the officials designated herein shall be prevented from becoming effective on said date, any portion thereof which is allowed shall become effective on the above date or as soon as permitted.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lee of the 21st moved that the House agree to the Senate substitute. On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 1515 was agreed to.

HB 1517. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act creating the Board of Com missioners of Clayton County, so as to authorize the sheriff and the chief of police to designate special vehicles for detective and investigative activities and assignments; and for other purposes.

The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act creating the Board of Com missioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3072), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3118), an Act approved March 7, 1960 (Ga. Laws 1960, p. 2268), an Act approved March 11, 1963 (Ga. Laws 1963, p. 2148), an Act approved March 4, 1964 (Ga. Laws 1964, p. 2384), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2723), an Act approved March 4, 1966 (Ga. Laws 1966, p. 3138), an Act approved April 13', 1967 (Ga. Laws 1967, p. 3058), an Act approved April 10, 1968 (Ga. Laws 1968, p. 3501), an Act ap proved April 23, 1969 (Ga. Laws 1969, p. 3096), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 3208), so as to authorize the sheriff

2332

JOURNAL OP THE HOUSE,

and the chief of police to designate special unmarked vehicles for detec tive and investigative activities and assignments; to authorize the ex penditure of county funds to conduct certain elections; 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 Board of Commissioners of Clayton County, approved February 8, 1955 (Ga. Laws 1955, p. 2064), as amended by an Act approved March 6, 1956 (Ga. Laws 1956, p. 3072), an Act approved March 25, 1958 (Ga. Laws 1958, p. 3118), an Act ap proved March 7, 1960 (Ga. Laws 1960, p. 2268), an Act approved March 11, 1963 (Ga. Laws 1963, p. 2148), an Act approved March 4, 1964 (Ga. Laws 1964, p. 2384), an Act approved March 2, 1966 (Ga. Laws 1966, p. 2723), an Act approved March 4, 1966 (Ga. Laws 1966, p. 3138), an Act approved April 13, 1967 (Ga. Laws 1967, p. 3058), an Act approved April 10, 1968 (Ga. Laws 1968, p. 3501), an Act approved April 23, 1969 (Ga. Laws 1969, p. 3096), and an Act approved April 5, 1971 (Ga. Laws 1971, p. 3208), is hereby amended by striking the last paragraph of Section 10 in its entirety and inserting in lieu thereof a new last para graph of Section 10, to read as follows:
"The Board of Commissioners is authorized to furnish trans portation to County officials and employees while conducting of ficial County business, and the Board of Commissioners may, by resolution, establish a mode and means of providing such trans portation. Any and all County owned vehicle provided for such official County use shall be used only for official Clayton County governmental purposes; however, in no instance, when a County employee utilizes a private vehicle for County business, shall the reimbursement for the cost of the transportation exceed the amount established by the State of Georgia on a mileage basis for State employees utilizing private vehicles while engaged in State busi ness. The cost of furnishing transportation to County employees pursuant to this Section shall be paid from County funds. All County owned vehicles shall be appropriately marked with easily discernable decals, except special vehicles designated by the sheriff and the chief of police for detective and investigative activities and assignments. The Board of Commissioners shall have the authority to pay the premiums on a group life insurance and on a hospitalization plan or program for County employees, as may now exist or be implemented in the future, provided the employees have agreed to be covered under a group insurance plan. The Board of Commis sioners shall have the authority to prescribe, by resolution, the requirements for reimbursement for all travel done on behalf of the County. The Board of Commissioners shall also have the authority to pass resolutions for the control of domestic animals in the un incorporated areas of the County and to provide penalties for the violation of such resolutions not inconsistent with State law."

Section 2. Said Act is further amended by striking Section 10E in its entirety and inserting in lieu thereof a new Section 10E, to read as follows:

MONDAY, FEBRUARY 28, 1972

2333

"Section 10E. The Board is authorized to create districts in the unincorporated areas of Clayton County for the purpose of estab lishing and maintaining within such districts a system of street lights. The Board is also authorized to levy a minimum tax upon the taxable property located within such districts to defray the cost of electricity only, conditioned upon the assent of a majority of the qualified voters of any such proposed district voting in an election conducted for that purpose as provided by law. The Board is further authorized to conduct such elections within such districts to determine the desires of the majority. The elections shall be paid for out of nonappropriated and nonallocated funds of the County. Such elections shall be special elections and shall be con ducted in accordance with the Georgia Election Code as now or hereafter amended."

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lee of the 21st moved that the House agree to the Senate substitute.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 1517 was agreed to.

HB 1518. By Messrs. Lee, Gary and Northcutt of the 21st:
A Bill to be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Commissioner, so as to create the office of Deputy Tax Commissioner of Clayton County; and for other purposes.
The following Senate substitute was read:
A BILL
To be entitled an Act to amend an Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Commissioner of Clayton County, approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended, so as to create the office of Deputy Tax Commissioner of Clayton County; to provide for the ap pointment, powers, duties, compensation, authority and term of office of the Deputy Tax Commissioner; to exempt the Deputy Tax Com missioner from the provisions of the Clayton County Civil Service System Act; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OP GEOR GIA:

2334

JOURNAL OF THE HOUSE,

Section 1. An Act consolidating the offices of Tax Receiver and Tax Collector of Clayton County into the single office of Tax Com missioner of Clayton County, approved August 18, 1925 (Ga. Laws 1925, p. 600), as amended, is hereby amended by adding a new section, immediately following Section 7, to be designated Section 7A, to read as follows:

"Section 7A. There is hereby created an office in Clayton County to be known as Deputy Tax Commissioner, and the Tax Commissioner of Clayton County is hereby authorized to appoint the Deputy Tax Commissioner. The Deputy Tax Commissioner shall serve at the pleasure of the Tax Commissioner, and he may be removed from office by the Tax Commissioner. The Deputy Tax Commissioner shall have the same authority granted to tax receivers and tax collectors by the laws of this State when actingon behalf and at the direction of the Tax Commissioner of Clayton. County. The qualifications of the Deputy Tax Commissioner shall be the same as those prescribed for the Tax Commissioner, and he shall be required to take the same oath of office as the Tax Com missioner after appointment and before assuming the duties of his office. The Deputy Tax Commissioner shall receive, as compensa tion for his services, a salary to be fixed in the discretion of the Tax Commissioner in an amount not to exceed twelve thousand dollars ($12,000) per annum, payable in equal monthly installments out of the funds of Clayton County. The Deputy Tax Commissioner shall not be subject to the provisions of the Clayton County Civil Service System Act, approved April 2, 1963 (Ga. Laws 1963, p. 2747), as now or hereafter amended."

Section 2. This Act shall become effective on July 1, 1972.

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Mr. Lee of the 21st moved that the House agree to the Senate substitute.

On the motion, the ayes were 105, nays 0.

The motion prevailed and the Senate substitute to HB 1518 was agreed to.

Under the general order of business, established by the Committee on Rules, the following Bills of the House were taken up for consideration and read the third time:

HB 1730. By Mr. Sweat of the 65th: A Bill to be entitled an Act to amend the "Uniform Act Regulating-

MONDAY, FEBRUARY 28, 1972

2335

Traffic on Highways", so as to provide that the speed limit may be raised from 60 miles per hour to 65 miles per hour under certain conditions.

The following substitute, offered by Mr. Sweat of the 65th, was read and adopted:
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 provide that whenever it is determined upon the basis of an engineering and traffic investiga tion that the maximum speed limit is less than reasonable under the conditions found to exist, the speed limit may be raised from 60 miles per hour to 65 miles per hour during the daylight hours and from 50 to 55 miles per hour during all other hours; 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 adding a sentence at the end of Para graph 2 of Subsection (b) of Section 48, to read as follows:
"However, whenever the Director of Public Safety and the State Highway Board, upon request from the governing authority of any county, or upon their own initiative, shall determine upon the basis of an engineering and traffic investigation that any law ful speed limit hereinbefore set forth is less than is reasonable or safe under the conditions found to exist on any State Highway or upon any part thereof, or upon any extension thereof within a municipality, or upon any other street or highway in any unin corporated area, said Director may increase the speed limit to a maximum of 65 miles per hour during the daylight hours as specified and 55 miles per hour during all other times when ap propriate signs giving notice thereof are erected."^
so that when so amended, Paragraph 2 of Subsection (b) of Section 48 shall read as follows:
"2. 60 miles per hour maximum from one-half hour before sunrise until one-half hour after sunset. At other times 50 miles per hour maximum. However, whenever the Director of Public Safety and the State Highway Board, upon request from the governing authority of any county, or upon their own initiative, shall determine upon the basis of an engineering and traffic in vestigation that any lawful speed limit hereinbefore set forth is less than is reasonable or safe under the conditions found to exist on any State Highway or upon any part thereof, or upon any

2336

JOURNAL OF THE HOUSE,

extension thereof within, a municipality, or upon any other street or highway in any unincorporated area, said Director may increase the speed limit to a maximum of 65 miles per hour during the daylight hours as specified and 55 miles per hour during all other times when appropriate signs giving notice thereof are erected."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to, by substitute,

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. 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, B. D. Brown, S. P. Buck Burruss, A. L. Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, S. Coney, G. D.

Coney, J. L. Connell Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dent Dixon Dorminy Edwards Evans Ezzard Farrar Floyd, J. H. Floyd, L. R. Fraser Gary Geisinger Gignilliat Granade Grantham Greer Groover Ham Harrington Harris Harrison Hawes Hays Hood

Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson Jones, Herb Jones, J. R. Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Lowrey Marcus Mason Matthews, C. Matthews, D. R. Maxwell McDaniell

MONDAY, FEBRUARY 28, 1972

2387.

McDonald Merritt, Janet Miles Milford Miller Morgan Moyer Mulherin, M. W. Mullinax Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R.

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

i

Stephens ;

Strickland

Sweat

Thomason

Thompson

Toles

Townsend

Triplett

Tripp

Turner

Wamble

Ware

Wheeler, Bobby

Wheeler, J. A.

Whitmire

Williams ;

Wilson

Wood, J. T.

Wood, R. E.

Those voting in the negative were Messrs.:

Dean, N. Jordan

Longino Mauldin

Murphey Vaughn

Those not voting were Messrs.:

Alexander, W. M. Barfield Bennett, J. T., Jr. Blackshear Brown, C. Chandler Collins, M. Colwell Conger Drury

Egan Pelton Gaynor Grahl Griffin Gunter Hamilton Hill, B. L. Hill, G. Howell

Larsen, W. W. McCracken Melton Moore Odom Phillips, G. S. Pickard Pinkston Rainey Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 159, nays 6.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1593. By Mr. Vaughn of the 74th:
A Bill to be entitled an Act to amend an Act creating the offices of the State Highway Board, Chairman of the State Highway Board, and

2338

JOURNAL OF THE HOUSE,

Treasurer of the State Highway Department, so as to delete the provision that no State Highway funds shall be expended on roads or bridges in municipalities unless such roads are a part of the State Highway System or are a part of the urban, primary or secondary Federal-aid system or are a part of a county road system which is maintained by the county and extends from within the limits of the municipality concerned out into the county itself; 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., Jr. 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 Can-
Carter Chance Chandler Chappell Cheeks Clements Cole

Collier Collins, S. Colwell Coney, G. D. Coney, J. L. Conger Connell Cook Dailey Daugherty Davis, W. Dean, Gib Dent Dixon Dorminy Edwards Evans Ezzard Felton, J. W., Jr. Floyd, J. H. Floyd, L. E. Fraser Gary Gaynor Geisinger Gignilliat Grahl Grantham Griffin Groover Gunter Ham Harrington

Harris Harrison Hawes Hays Hill, B. L. Hood, J. Horton Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Lewis Logan Longino

MONDAY, FEBRUARY 28, 1972

2339

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

Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach 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 Sweat Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire, D. Williams, W. M. Wilson, J. M. Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Barfield Bennett, J. T., Jr. Blackshear Collins, M. Davis, E. T. Dean, N. Drury Egan Farrar

Granade Greer Hamilton Hill, G. Howell Larsen, W. W. Levitas Murphy Odom

Pickard Ross Russell, A. B. Savage Thomason Townsend Mr. Speaker

On the passage of the Bill, the ayes were 170, nays 0.

The Bill, having received the requisite constitutional majority, was passed.

Mr. Dean of the 19th stated that he had been called from the floor of the House when the roll was called on HB 1593, but had he been present would have voted "aye".

HB 1313. By Messrs. Busbee of the 61st and Floyd of the 7th: A Bill to be entitled an Act to amend an Act creating an Employees'

2340

JOURNAL OF THE HOUSE,

Suggestion and Awards Board, so as to authorize the Board to grant additional compensation to employees selected to receive awards; and
for other purposes.

The report of the Committe, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was follows:

Those voting in the affirmative were Messrs.:

Adams, G. D., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Barfield Battle Bell Bennett, J. T., Jr. 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 Cheeks Clements Cole Collins, S. Colwell Coney, G. D. Coney, J. L. Conger

Connell Cook Dailey Daugherty Davis, W. Dean Gib Dean, J. E. Dean, N. Dent Dixon Dorminy Drury Edwards, W. Evans Ezzard Felton Floyd, J. H. Floyd, L. R. Fraser, D. H. Gary, Arch Gaynor Geisinger Grahl Grantham Greer Griffin Groover Hamilton Harrington Harris Harrison Hawes Hays Hill, B. L. Hood Horton Housley Howard Howell

Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. 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

Morgan Moyer Mulherin Mullinax Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearee Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston
Potts

MONDAY, FEBRUARY 28, 1972

2341

Rainey Reaves Roach Rush Russell, H. P. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. . Smith, V. T. Snow Sorrells, M. W. Stephens, W. S. Strickland

'Thomason

Thompson

Toles

Triplett

Tripp

,

Turner

Vaughn

Wamble

Ware

Wheeler, Bobby

Wheeler, J. A.

Whitmire

Williams

Wilson

Wood, J. T.

Wood, R. E.

Those voting in the negative were Messrs.: Ham

Those not voting were Messrs.:

Blackshear Chappell Collier Collins, M. Davis, E. T. Egan Farrar Gignilliat

Granade Gunter Hill, G. Larsen, W. W. McDonald Moore Murphy Odom

Pickard
Poole Ross Russell, A. B. Russell, W. B. Savage Townsend Mr. Speaker

On the passage of the Bill, the ayes were 170, nays 1.

The Bill, having received the requisite constitutional majority, was passed.

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,

2342

JOURNAL OP THE HOUSE,

the following Bills of the House were taken tip for consideration and read the third time:

HB 1699. By Mr. Lee of the 61st:
A Bill to be entitled an Act to amend Code Section 92-1421, relating to rules and regulations under and enforcement of, the "Motor Fuel Tax Law", so as to confer all powers of a police officer upon special agents and enforcement officers of the Revenue Department when they are en forcing laws relating to motor fuel taxes imposed by this State; and for other purposes.
The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.;

Adams, G. D., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black, J. L. Bohannon Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Brown, B. D, Brown, C. Brown, S. P. Buck Burruss Busbee Can-
Carter Chance Chappell Cheeks

Clements Cole Collier Collins Coney, G. D. Coney, J. L. Conger Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, J. E. Dean, N. Dixon Dorminy Edwards Egan Evans Felton Floyd, J. H. Floyd, L. R. Fraser, D. H. Geisinger Gignilliat Grantham Greer Griffin Groover

Gunter Ham Harrington Harris, J. F. Hays Horton Housley Howard Howell Hudson, Ted Isenberg Jessup 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

MONDAY, FEBRUARY 28, 1972

2343

Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McCracken McDaniell Melton Merritt Miles Milford Miller Moore Morgan Moyer Mullinax Murphy Noble Northcutt Nunn Oxford

Patterson Patten Pearce Peters Philips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Scarborough Shanahan Sims Smith, H. R.

Smith, J. R. Smith, V. T. Snow, Wayne, Jr. Sorrells Stephens Sweat Thompson Toles Townsend Triplett Turner Vaughn Wamble Ware Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.:

Dent

Mulherin

Strickland

Those not voting were Messrs.:

Barfield Bennett, J. T., Jr. Blackshear Bray Chandler Collins, M. Colwell Connell Cook Drury Ezzard Farrar Gary Gaynor Grahl

Granade Hamilton Harrison Hawes Hill, B. L. Hill, G. Hood, J. Hudson, C. M. Hutchinson Johnson Lane, W. J. Larsen, W. W. Lee, W. L. (Bill) Lewis

Longino McDonald Nessmith Odom Pickard Russell, W. B. Salem Savage Shepherd Sherman Thomason Tripp Wheeler, Bobby Mr. Speaker

On the passage of the Bill, the ayes were 149, nays 3.

The Bill, having received the requisite constitutional majority, was passed.

2344

JOURNAL OF THE HOUSE,

HB 1700. By Mr. Lee of the 61st:
, 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 confer all powers of a police officer of this State upon special agents and enforcement officers of the Revenue Department when they are engaged in enforcing 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., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien Atherton Battle Bell Bennett, Tom Berry Black Bond Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, B. D. Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chappell Cheeks Clements Cole Collier Collins, S. Coney, G. D.

Coney, J. L. Conger Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dixon Dorminy Edwards Egan Evans Felton Floyd, J. H. Floyd, L. R. Fraser, D. H. Gaynor Geisinger Gignilliat Grantham Greer Griffin Groover Gunter Ham Harrington Harris 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 Knight Knowles Kreeger Lambert Lane, Dick Lane, W. J. Larsen, G. K. Lee Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell

McDonald Melton Merritt Miles Milford Moore Morgan Moyer Mullinax Murphy Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, G. S. Phillips, L. R.

MONDAY, FEBRUARY 28, 1972

2345

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 Sweat Thomason Thompson Toles Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.:

Colwell Connell

Dent Mulherin

Those not voting were Messrs.:

Barfield Bennett, J. T., Jr. Blackshear Bohannon Chandler Collins, M. Dean, J. E. Drury Ezzard Farrar

Gary Grahl Granade Hamilton Harrison Hill, G. Hood, J. Larsen, W. W. Lee, W. L. (Bill) McCracken

Miller Odom Pickard Russell, A. B. Savage Townsend Wilson Mr. Speaker

On the passage of the Bill, the ayes were 163, nays 4.

The Bill, having received the requisite constitutional majority, was passed.

HB 814. By Messrs. Matthews of the 16th, Lambert of the 25th and Melton of the 32nd:
A Bill to be entitled an Act to amend Code Section 84-207, relating to

2346

JOURNAL OF THE HOUSE,

the qualification as certified public accountants, so as to authorize the substitution of experience as a senior auditor in the State Department of Audits in lieu of the practical experience in public accounting pres ently required; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend Code Section 84-207, relating to the qualifications of applicants for certification as certified public ac countants, as amended, particularly by an Act approved March 12, 1965 (Ga. Laws 1965, p. 185), so as to authorize the substitution of experi ence as an auditor in the State Department of Audits in lieu of the practical experience in public accounting presently required; to provide an effective date; to repeal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. Code Section 84-207, relating to the qualifications of ap plicants for certification as certified public accountants as amended, particularly by an Act approved March 12, 1965 (Ga. Laws 1965, p. 185), is hereby amended by redesignating paragraph (e) of said Section as paragraph (f) and adding a new paragraph (e) to read as follows:
"(e) Notwithstanding the provisions of the last sentence of (d) above, the practical experience requirements shall not apply to an applicant who is an auditor in the State Department of Audits, and who, at the time of his application, has had a minimum of three years' experience as an auditor in the State Department of Audits.
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, Marvin Alexander, W. H. Alien

Atherton Barfield Battle

Bell Bennett, J. T., Jr. Bennett, Tom

MONDAY, FEBRUARY 28, 1972

2347

Berry Bohannon Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Buck Burruss Busbee Carr Carter Chance Chandler Chappell Cheeks Clements Cole Collins, S. Conger Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dixon Dorminy Drury Edwards Egan Evans
Ezzard
Felton
Floyd, J. H.
Floyd, L. R.
Gary
Geisinger
Gignilliat
Grantham
Greer

Griffin Groover Gunter Ham Harrington Harris Hawes Hays Housley Howard Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Jones, Herb Jones, J. R. Keyton Knight Knowles Kreeger Lambert Lane, W. J. Lee, W. S. Leggett Lewis Logan Longino Marcus Mason Matthews, C. Mauldin Maxwell
McCracken
McDaniell
McDonald
Melton
Merritt
Miles
Milford
Miller
Morgan

Moyer Mullinax Murphy Nessmith Northcutt Nunn Patterson Pearce Peters Phillips, G. S. Phillips, L. L. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Roach Ross Rush Russell, A. B. Russell, H. P. Salem Scarborough Shanahan Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Strickland Sweat
Triplett
Turner
Ware
Wheeler, Bobby
Wheeler, J. A.
Whitmire
Williams
Wood, J. T.
Wood, R. E.

Those voting in the negative were Messrs.:

Adams, John Alexander, W. M. Collier, J. M. Coney, G. D. Coney, J. L. Dean, N.

Johnson Lane, Dick Larsen, G. K. Lowrey Moore

Noble Patten Russell, W. B. Stephens Toles

2348

JOURNAL OP THE HOUSE,

Those not voting were Messrs.:

Adams, G. D., Jr. Black Blackshear Bond Bostick Brown, B. D. Collins, M. Colwell Connell Dean, J. E. Dent Farrar Praser Gaynor Grahl

Granade Hamilton Harrison Hill, B. L. Hill, G. Hood Horton Howell Jordan King Larsen, W. W. Lee, W. J. (Bill) Levitas Matthews, D. E. Mulherin

Odom Oxford Pickard Savage Shepherd Sherman Thomason Thompson Townsend Tripp Vaughn Wamble Wilson Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 135, nays 16.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

HB 1450. By Messrs. Levitas of the 77th, Snow of the 1st, Lee of the 61st and others:
A Bill to be entitled an Act to provide to the State a limited right to appeal certain orders, decisions and judgments in criminal cases; and for other purposes.

The following Committee amendment was read and adopted:
The Judiciary Committee moves to amend House Bill No. 1450 as follows:
By striking Section 3 beginning on line 14 of page 2 in its entirety.
By renumbering Sections 4, 5 and 6 as Sections 3, 4 and 5 re spectively.

An amendment offered by Messrs. Murphy of the 19th and Collier of the 54th was read and withdrawn by unanimous consent.
The following amendments were read and adopted: Mr. Groover of the 27th moves to amend HB 1450 by striking the

MONDAY, FEBRUARY 28, 1972

2349

last sentence of Section 1 and inserting in lieu thereof the following: "An objection to evidence illegally seized may be made at any time it is offered and if illegally seized shall be excluded."

Mr. Morgan of the 23rd moves to amend HB 1450 by adding the following after the word "courts" on line 15, page 1: "on pre-trial mo tions and hearings before the defendant is placed in jeopardy".

Mr. Bennett of the 81st moves to amend HB 1450 by adding at the end of line 2, Section 5, on page 3, as follows: "However, the defendant must be tried within 6 month from the time the appeal is filed, if de fendant is not released on bond."

Mr. Groover of the 27th moves to amend HB 1450 by adding at the end of Section 2 the following: "If the State fails to directly appeal such decision, such question may not thereafter be raised by the State."

An amendment offered by Mr. Groover of the 27th was read and withdrawn by unanimous consent.
The following amendment was read:
Mr. Murphy of the 19th moves to amend HB 1450 by adding a new section to be numbered Section 6 and renumbering Section 6 to Section 7. Said new section to read as follows:
"Section 6. In the event the State takes an appeal under the provisions of this Act, the effect of which would be to dismiss the proceedings, the defendant shall be entitled to a reasonable bond as a matter of right."

On the adoption of the amendment, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.:

Alexander, W. H. Alexander, W. M. Bennett, Tom Black Bond Bray Brown, B. D. Brown, S. P. Chandler Chappell Cheeks

Clements Cole Collins, M. Coney, G. D. Conger Dailey Daugherty Dean, N. Dent Edwards Evans

Gary Gaynor Grahl Groover Ham Harrington Harris Hill, B. L. Horton Housley Howard

2350

JOURNAL OP THE HOUSE,

Hutchinson Johnson Jones, Herb Keyton Knowles Kreeger Lee, W. J. (Bill) Lewis Logan Longino Lowrey Matthews, C.

Matthews, D. R. Maxwell McCracken McDaniell Miles Mulherin Murphy Northcutt Oxford Phillips, G. S. Phillips, W. R.

Pinkston Roach Russell, H. P. Smith, H. R. Stephens Strickland Thomason Thompson Townsend Wheeler, Bobby Wilson

Those voting in the negative were Messrs.

Adams, John Adams, Marvin Alien Barfield Bell Bennett, J. T., Jr. Bohannon Brantley, H. H. Brantley, H. L. Brown, C. Carter Chance Collier Collins, S. Coney, J. L. Connell Cook Davis, W. Dean, Gib Dixon Dorminy Egan Felton Floyd, L. R. Fraser Geisinger Gignilliat

Grantham Griffin Gunter Hays Hill, G. Hudson, C. M. Hudson, Ted Isenberg Jones, J. R. Jordan King Knight Lambert Larsen, G. K. Lee, W. S. Leggett Le vitas Marcus Mauldin Melton Merritt Milford Miller Moore Morgan Moyer Mullinax

Noble Nunn Patterson Patten Peters Phillips, L. L. Poole Potts Rainey Ross Rush Russell, A. B. Russell, W. B. Scarborough Shanahan Sherman Sims Smith, J. R. Snow Sorrells Sweat Toles Tripp Turner Vaughn
Ware Wood, R. E.

Those not voting were Messrs.:

Adams, G. D., Jr. Atherton Battle Berry Blackshear Bostick Bowen

Buck Burruss Busbee Carr Colwell Davis, E. T. Dean, J. E.

Drury Ezzard Farrar Floyd, J. H. Granade Greer Hamilton

MONDAY, FEBRUAEY 28, 1972

2351

Harrison Hawes Hood Howell Jessup Lane, Dick Lane, W. J. Larsen, W. W. Mason

McDonald Nessmith Odom Pearce Pickard Reaves Salem Savage Shepherd

Smith, V. T. Triplett Wamble Wheeler, J. A. Whitmire Williams Wood, J. T. Mr. Speaker

On the adoption of the amendment, the ayes were 67, nays 81.

The amendment was lost.

Mr. Busbee of the 61st stated that he had been called from the floor of the House when the roll was called on the Murphy amendment, but had he been present would have voted "nay".

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., Jr. Adams, John Adams, Marvin Alexander, W. M. Alien Barfield Battle Bell Bennett, J. T., Jr. Bennett, Tom Black Bohannon Bowen Brantley, H. H. Brantley, H. L. Bray Buck Burruss Busbee Carr

Carter Chance Chandler Clements Cole Collins, S. Coney, J. L. Connell Cook Dailey Davis, W. Dean, Gib Dean, N. Dixon Dorminy Edwards Egan Evans Farrar Felton

Fraser Gaynor Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Harrington Harris Hawes Hays Hill, G. Housley Howell Hudson, C. M. Hudson, Ted

2352

JOURNAL OF THE HOUSE,

Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Logan Lowrey Matthews, C. Matthews, D. R. Mauldin Maxwell McDaniell

McDonald Melton Merritt Milford Miller Moore Morgan Moyer Mullinax Nessmith Noble Nunn Oxford Patterson Patten Phillips, L. L. Pinkston Potts Rainey Roach Rush Russell, A. B. Russell, W. B.

Salem Scarborough Shanahan Sims Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Toles Townsend Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T. Wood, R. E.

Those voting in the negative were Messrs.

Alexander, W. H. Bond Bostick Brown, C. Brown, S. P. Chappell Collier Coney, G. D. Conger Daugherty

Dent Ham Hill, B. L. Howard Hutchinson Keyton Lewis Longino Marcus

Those not voting were Messrs.:

Atherton Berry Blackshear Brown, B. D. Cheeks Collins, M. Colwell Davis, E. T. Dean, J. E. Drury Ezzard Ployd, J. H. Floyd, L. R.

Gary Hamilton Harrison Hood Horton Lane, W. J. Larsen, W. W. Mason McCracken Mulherin Odom Pearce

Miles Murphy Northcutt Ross Russell, H. P. Sherman Smith, H. R. Thomason Thompson
Peters Phillips, G. S. Phillips, W. R. Pickard Poole Reaves Savage Shepherd Sweat Triplett Wilson Mr. Speaker

MONDAY, FEBRUARY 28, 1972

2353

On the passage of the Bill, as amended, the ayes were 130, nays 28.

The Bill, having received the requisite constitutional majority, was passed, as amended.

Mr. Mason of the 13th stated that he was attending a committee meeting when the roll was called on HB 1450, but had he been present would have voted

By unanimous consent, HB 1450, as amended, was ordered immediately transmitted to the Senate.
HB 1739. By Messrs. Vaughn of the 74th and McDaniell of the 117th: A Bill to be entitled an Act to amend an Act so as to provide for the creation of the office of Deputy Director of the State Highway Depart ment; and for other purposes.

The report of the Committee, which was favorable to the passage of the Bill, was agreed to.

On the passage of the Bill, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D., Jr. Adams, John Adams, Marvin Alexander, W. H. Alexander, W. M. Alien
Atherton Barfield Battle Bell Bennett, J. T., Jr. Bennett, Tom Black Bohannon Bond Bostick Bo wen Brantley, H. H.

Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss, A. L. Busbee Carr Carter Chandler Chappell Cheeks Cole Collins, M. Collins, S. Coney, G. D. Coney, J. L. Conger Connell

Cook Dailey Daugherty Davis, E. T. Davis, W. Dean, Gib Dean, N. Dent Dixon Dorminy Edwards Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Gary

2354

JOURNAL OF THE HOUSE,

Gaynor Geisinger Gignilliat Grahl Granade Grantham Griffin Groover Gunter Ham Harrington Harris Harrison Hawes Hays Horton Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg Jessup Johnson Jones, Herb Jones, J. R. Jordan Keyton King Knight Knowles Kreeger Lambert Lane, Dick Larsen, G. K. Lee, W. J. (Bill) Lee, W. S.

Leggett Levitas 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 Murphy Nessmith Noble Northcutt Nunn Oxford Patterson Patten Pearce Peters Phillips, L. L. Phillips, W. R. Pinkston Poole

Potts Rainey Reaves Roach Ross Russell, A. B. Russell, H. P. Salem Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, J. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thomason Thompson Townsend Triplett Tripp Turner Vaughn Wamble Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Berry Blackshear Brown, B. D. Buck Chance Clements Collier Colwell Dean, J. E.

Drury Egan Fraser Greer Hamilton Hill, B. L. Hill, G. Hood Lane, W. J.

Larsen, W. W. McCracken Odom Phillips, G. S. Pickard Russell, W. B. Savage Toles Mr. Speaker

On the passage of the Bill, the ayes were 167, nays 1.

MONDAY, FEBRUARY 28, 1972

2355

The Bill, having received the requisite constitutional majority, was passed.

Mr. Rush of the 51st stated that he inadvertently voted "nay" on the passage of HB 1739. He intended to vote "aye".

HB 1043. By Messrs. Scarborough, Bennett, Evans and Pinkston of the 81st, Coney of the 82nd, Miller of the 83rd 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, du ties and powers of the Department of Family and Children Services; and for other purposes.

The following Committee substitute was read and adopted:
A BILL
To be entitled an Act to amend an Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously dis abled persons, approved February 13, 1956 (Ga. Laws 1956, p. 52), as amended by an Act approved April 28, 1969 (Ga. Laws 1969, p. 944), so as to provide that blind or otherwise seriously disabled persons who are licensed by the Division of Vocational Rehabilitation of the State Department of Education may operate vending stands on any county and city property; to change the definition of "vending stand"; to re peal conflicting laws; and for other purposes.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEOR GIA:
Section 1. An Act authorizing the operation of vending stands in State buildings by blind or otherwise seriously disabled persons, ap proved February 13, 1956 (Ga. Laws 1956, p. 52), as amended by an Act aproved April 28, 1969 (Ga. Laws 1969, p. 944), is hereby amended by adding between the words and symbol "vending machines," and the words "snack bars" in Section l(b) the following:
"not staffed cafeterias,",
so that when so amended Section l(b) shall read as follows:
"(b) The term 'vending stand' means vending facilities, vend ing machines, not staffed cafeterias, snack bars, cart service, shel ters, counters, and such other appropriate facilities and equipment as may be necessary for the sale of articles or services by licensed blind or otherwise seriously disabled persons, as prescribed by rules and regulations adopted by the Division of Vocational Rehabilita tion of the State Department of Education."

2356

JOURNAL OF THE HOUSE,
Section 2. Said Act is further amended by adding between the word "State" and the word "property" wherever the same shall appear in Section 2, the following:
", county and city",
so that when so amended, Section 2 shall read as follows:
"Section 2. That for the purpose of providing blind or other wise seriously disabled persons with remunerative employment, en larging their economic opportunities and stimulating them to greater efforts in striving to make themselves self-supporting, such blind or otherwise seriously disabled persons who are licensed by the Division of Vocational Rehabilitation of the State Department of Education, may be authorized to operate vending stands on any State, county and city property where such vending stands may be properly and satisfactorily operated by blind or otherwise seriously disabled persons. In authorizing the operation of vending stands on State, county and city property, preference shall be given, so far as feasible, to blind or otherwise seriously disabled persons licensed by the Division of Vocational Rehabilitation of the State Depart ment of Education as provided in this Act! and the head of each department or agency in control of the maintenance, operation, and protection of State, county and city property shall, after consulta tion with the Director of the Division of Vocational Rehabilitation of the State Department of Education, and with the approval of the Governor, prescribe regulations designed to assure such preference (including assignment of vending machine income to achieve and protect such preference) for such licensed blind or otherwise seri ously disabled persons without unduly inconveniencing such depart ments and agencies or adversely affecting the interests of the State of Georgia."
Section 3. Said Act is further amended by adding between the words "on any State" and the words "property where" in Section 3, the following:
", county and city",
and by adding the words "in such State" and the words "building or property", the following:
", county and city",
so that when so amended, Section 3 shall read as follows:
"Section 3. To effectuate the purposes of this Act it is declared to be public policy of the State of Georgia that on any State, county and city property where the Director of Vocational Rehabilitation determines it to be feasible to establish a vending stand to be oper ated by a licensed operator as herein provided, and the agency or department or custodian of such property determines that such stand can be established without undue inconvenience to the opera tion being carried on in such State, county and city building or

MONDAY, FEBRUARY 28, 1972

2357

property, the preference herein accorded shall require that such vending stand site not be deemed available for letting to competi tive bidders for revenue producing purposes, unless the Director of Vocational Rehabilitation declines to establish on said site a vend ing stand for blind or otherwise seriously disabled persons. The in come to the agency controlling the space for such stand sites shall generally not be expected to exceed re-imbursement for the cost of providing such stand site space and the services connected therewith, but, in any case where such income exceeds those purposes, the same shall be paid into the general treasury of the State subject to certi fication and audit."

Section 4. All laws and parts of laws in conflict with this Act are hereby repealed.

The report of the Committee, which was favorable to the passage of the Bill, by substitute, was agreed to.

On the passage of the Bill, by substitute, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, G. D., Jr. Adams, John Adams, Marvin Alexander, W. M. Alien Atherton Barfield Battle Bell
Bennett, J. T., Jr. Bennett, Tom Black Bohannon Bostick Bowen Brantley, H. H. Brantley, H. L. Bray Brown, C. Brown, S. P. Burruss Carr Carter Chappell 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, N. Dent Dixon Dorminy Edwards Egan Evans Ezzard Farrar Felton Floyd, J. H. Floyd, L. R. Fraser Gary Gaynor

Geisinger Gignilliat Grahl Granade Grantham Greer Griffin Groover Gunter Ham Harrington Harris Hawes Hays Hill, B. L. Hill, G. Housley Howard Howell Hudson, C. M. Hudson, Ted Hutchinson Isenberg
Jessup Johnson Jones, Herb Jordan

2358

JOURNAL OF THE HOUSE,

Keyton King Knight Knowles Kreeger Lambert Lane, Dick Lee, W. J. (Bill) Lee, W. S. Leggett Levitas Lewis Logan Longino Lowrey Marcus Mason Matthews, C. Maxwell McCracken McDaniell McDonald Melton Merritt Miles Milford Miller

Moore Morgan Moyer Mulherin Mullinax Murphy Nessmith Noble Northcutt Nunn Patterson Patten Pearce Peters Phillips, G. S. Phillips, W. R. Pinkston Poole Potts Rainey Reaves Ross Rush Russell, A. B. Russell, H. P. Salem

Scarborough Shanahan Shepherd Sherman Sims Smith, H. R. Smith, V. T. Snow Sorrells Stephens Strickland Sweat Thompson Toles Triplett Tripp Turner Vaughn Wamble Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wilson Wood, J. T. Wood, R. E.

Those not voting were Messrs.:

Alexander, W. H. Berry Blackshear Bond Brown, B. D. Buck Busbee Chance Chandler Cheeks Colwell Dean, J. E.

Drury Hamilton Harrison Hood Horton Jones, J. R. Larsen, G. K. Larsen, W. W. Matthews, D. R. Mauldin Odom Oxford

Phillips, L. L. Pickard Roach Russell, W. B. Savage Smith, J. R. Thomason Townsend Ware Mr. Speaker

On the passage of the Bill, by substitute, the ayes were 161, nays 0.

The Bill, having received the requisite constitutional majority, was passed, by substitute.

Mr. Busbee of the 61st stated that he had been called from the floor of the

MONDAY, FEBRUARY 28, 1972

2359

House when the roll was called on HB 1043, but had he been present would have voted "aye".

By unanimous consent, HB 1043, by substitute, was ordered immediately transmitted to the Senate.

HB 1213. By Messrs. Greer of the 95th and Buck of the 84th:
A Bill to be entitled an Act to authorize the imposition by municipalities and counties of an excise tax upon the sale of malt beverages; and for other purposes.

Mr. Cole of the 3rd moved that HB 1213 and all amendments thereto be indefinitely postponed.

On the motion, the roll call was ordered and the vote was as follows:

Those voting in the affirmative were Messrs.

Adams, Marvin Alexander, W. H. Alien
Atherton Battle Bohannon Brantley, H. L. Burruss Carter Chance Chandler Clements Cole Collier Collins, M. Collins, S. Coney, J. L. Dailey Daugherty Dean, N. Dixon Dorminy
Edwards Ezzard Floyd, L. R. Fraser Gary Gaynor Gei singer

Gignilliat Grahl Grantham Groover Harrington Harris Hays Hill, B. L. Howell Hudson, C. M. Hudson, Ted Jones, Herb Jordan Keyton Knight Knowles Kreeger Lane, W. J. Lee, W. J. (Bill) Lee, W. S. Leggett Longino Lowrey Mauldin McCracken McDaniell McDonald Milford

Moyer Mullinax Nessmith
Northcutt Patterson Patten Peters Phillips, L. L. Pinkston Poole Potts Roach Russell, H. P. Shanahan Smith, J. R. Smith, V. T. Snow Sorrells Sweat
Tripp Turner Vaughn Ware Wheeler, Bobby Wheeler, J. A. Whitmire Williams Wood, J. T.

2360

JOURNAL OF THE HOUSE,

Those voting in the negative were Messrs.

Adams, John Alexander, W. M. Barfield Bell Bennett, J. T., Jr. Bennett, Tom Berry Black Bostick Bowen Brown, C. Brown, S. P. Buck Busbee Carr Chappell Coney, G. D. Conger Connell Davis, E. T. Davis, W. Dean, Gib Dent Evans Farrar Granade

Greer Griffin Gunter Ham Hawes Horton Housley Hutchinson Isenberg Jessup Jones, J. R. King Lambert Lane, Dick Larsen, G. K. Levitas Lewis Logan Marcus Mason Matthews, C. Maxwell Melton Miles Miller Moore

Morgan Mulherin Murphy Noble
Pearce Phillips, G. S. Rainey Reaves Rush Russell, A. B. Russell, W. B. Salem Savage Scarborough Sherman Sims Smith, H. R. Stephens Strickland Thomason Thompson Wamble Wilson Wood, R. E.

Those not voting were Messrs.:

Adams, G. D., Jr. Blackshear Bond Brantley, H. H. Bray Brown, B. D. Cheeks Colwell Cook Dean, J. E. Drury Egan

Felton Floyd, J. H. Hamilton Harrison Hill, G. Hood Howard Johnson Larsen, W. W. Matthews, D. R. Merritt

On the motion, the ayes were 85, nays 76.

Nunn Odom Oxford Phillips, W. R. Pickard Ross Shepherd Toles Townsend Triplett Mr. Speaker

The motion prevailed and HB 1213 and all amendments thereto were in definitely postponed.

Mr. Buck of the 84th served notice that at the proper time he would ask the

MONDAY, FEBRUARY 28, 1972

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House to reconsider its action in postponing HB 1213 and all amendments thereto indefinitely.

The following Resolution of the House was read and adopted:

HR 868. By Messrs. Smith of the 3rd, Howard of the 117th, Levitas of the 77th, Phillips of the 29th and others:
A RESOLUTION
Wishing the Honorable Ward Edwards a happy birthday; and for other purposes.
WHEREAS, the Honorable Ward Edwards, the distinguished Rep resentative from the 45th District, was born on February 28, 1930, and today is celebrating his 42nd birthday; and
WHEREAS, he was born in Howard, Georgia, the son of Julian Edwards and the late Lillian Edwards, and attended the University of Georgia and the John Gupton School of Mortuary Science; and
WHEREAS, this distinguished gentleman is variously known to the members of this body as "The Miracle Whip", "The Chuckly Under taker", "The Quail Man", "Mr. Standard Time", "The Clothes Horse from Hong Kong", and the "King of Commendation"; and
WHEREAS, it is only fitting and proper that he be recognized on this auspicious occasion.
NOW, THEREFORE, BE IT RESOLVED BY THE HOUSE OF REPRESENTATIVES that the members of this body ho hereby recog nize the Honorable Ward Edwards, and do hereby commend him on the occasion of his 42nd birthday.
BE IT FURTHER RESOLVED that the Clerk of the House of Representatives is hereby authorized and directed to transmit an appro priate copy of this Resolution to the Honorable Ward Edwards.

Mr. Edwards of the 45th moved that the House do now adjourn until 9:30 o'clock, tomorrow morning and the motion prevailed.

The Speaker announced the House adjourned until 9:30 o'clock, tomorrow morning.
Journal of the House of Representatives 1972 continued in Volume !!, Volume II has the complete index for both Volume I and Volume !!.